Transcript FEDERALISM: Good or Bad

Federalism is surrounded by controversy.


Federalism means allowing states to block
actions, prevent progress, upset national
plans, protect powerful local interest, and
cater to the self-interest of politicians.
William Riker American political scientist
◦ The main effect of federalism since the civil war was
to perpetuate racism

Virtue of the federal system lies in its ability
to develop and maintain mechanisms vital to
the perpetuation of the unique combination
of government strength, political flexibility,
and individual liberty.
Whenever the opportunity to exercise
political power is widely available it is
obvious that in different places different
people will use power for different purposes.
A. Allow states to make decisions that
maintain racial segregation, facilitate
corruption, protect interests
B. Allows states to pass laws that end
segregation, or regulate harmful
economic practices before these idea
gain national policy.


The existence of independent state and local
governments means that different political
groups pursuing different political purposes
will come to power in different places. The
smaller the political unit the more likely it is
to be dominated by a single political faction.
(James Madison Federalist 10)
◦ When Riker condemns federalism he is thinking that
some ruling factions have opposed groups
 When Elazar praises federalism he is saying that some
ruling factions have taken the lead (advance of national
government) in developing measures to protect
citizens and improve social conditions.


INCREASED POLITICAL ACTIVITY
One effect of federalism is an increase in
political activity.
◦ A. people are more likely to get involved in
government if they feel like they have a chance to
make an difference.
B. This is only true in a place where there are many
elected officials and independent bodies, each with a
relatively small constituency.
C. Federal system, by virtue of the decentralization of
authority, lowers the cost of organized political activity.

THE FOUNDING OF FEDERALISM
◦ It was a way to protect personal liberty
 Fear that placing final political authority in any one set of
hands (elected) risk tyranny.

NEW PLAN
◦ This federal republic would derive its power directly
from the people, both levels of government would have
certain powers, but neither would have supreme
authority over the other.
 Madison (federalist 46) both state and federal gov. are in fact
the same agents and trustees of the people but with
different powers
 Hamilton (federalist 28) people would shift their support
from one government to the other to keep the two in
balance.
◦ The Constitution does not spell out the powers of the
states (not until the 10th Amendment) Why?
◦ The framers believed the federal government would only
have the powers given it by the Constitution.

ELASTIC LANGUAGE
◦ The need to reconcile the competing interests of both the
small, large and Northern, southern states was real difficult
without trying to spell out exactly what relationship should
exist between the national and state governments.
(example regulate commerce)
 Some clauses on federal/state relations were clear others were
quite vague. Why?
◦ Article I sec 8 clause 18
◦ 2 views of what federalism meant
 Hamilton believed that the national was the superior and
leading force in political affairs, and that its powers ought to be
broadly defined and liberally construed.
 Jefferson the federal government was the product of an
agreement among the states, and though the people were the
ultimate sovereigns, the biggest threat to their liberties was to
come from the national government.
 Madison Federalist 45 powers of the national government should be
narrowly construed and strictly limited
 The powers delegated by the Constitution to the federal government
are few and defined those given to the state governments are
numerous and indefinite.

Meaning of Federalism
◦ Civil War was fought over states rights VS national
supremacy. It only solved that the national government
was supreme and the states could not secede. Other
aspects of the national supremacy issue continued

Supreme Court
◦ It was led by advocate of Hamilton’s position John
Marshall. In a series of decisions he and the court
defended the national supremacy view of the federal
government.
 McCulloch V. Maryland (1819) answered 2 questions in ways
to expand the powers of congress and confirmed the
supremacy of the federal government to use those powers
 1 did Congress have the power to set up the bank such a
right is not explicitly in the Constitution court says yes
necessary and proper.
 2 could the federal bank be taxed by the states lawfully the
court ruled no federal government is supreme

NULLIFICATION
◦ When Congress passes a law to punish newspaper
editors who published stories critical of the federal
government (1798 Virginia and Kentucky
Resolutions Madison and Jefferson) never went to
court
◦ That states had the right to nullify a federal law that
in the states opinion violated the Constitution
◦ John C Calhoun of South Carolina in opposition to a
tariff enacted by the federal government, and later
in opposition to federal efforts to restrict slavery he
said the states could nullify this law because it
violated the Constitution.
 Civil war solved this issue states could not declare acts
of Congress unconstitutional and the supreme court
later confirmed.

DUAL FEDERALISM
◦ The national government was supreme in its
sphere, the states were equally supreme it theirs,
and these two spheres should be kept separate.
◦ (These came after the Civil War debate on the
interpretation of the commerce clause)
◦ Interstate commerce Congress could regulate
◦ Intrastate commerce Only the states could regulate
 The Courts could tell which was which
 That was a real problem why? How was it solved?
 Congress, provided that it had a good reason, could
pass a law regulating almost any kind of economic
activity anywhere in the country and the Supreme
Court would allow it “Constitutional.”

The Supreme Court has recently ruled that
Congress has exceeded its commerce power.
◦ 1995 United States vs Lopez
◦ 2000 overturned the Violence Against Women Act
of 1994

The Court has strengthen states’ rights
◦ Printz vs United States 1997

Court has given new life to the 11th
amendment which protects states from
lawsuits by citizens of another state or
foreign nations.
◦ Alden vs Maine

This calls forth old truths about the
constitutional basis of state and local
government.
◦ States can do an thing that is not prohibited by the
constitution or preempted by federal policy and
that is consistent with its own constitution.
 Police power laws and regulations that promote health
safety and morals
 Many states give their citizens direct democracy
 Initiative
 Referendum
 recall