Transcript Chapter 3
Chapter 3 FEDERALISM Learning Objectives • 1) Explain what federalism means, how federalism differs from other systems of government, & why it exists in the United States. • 2) Indicate how the Constitution divides governing powers in our federal system. • 3) Summarize the evolution of federal-state relationships in the United States over time. Learning Objectives • 4) Describe developments in federalism in recent years. • 5) Explain what is meant by the term fiscal federalism. Federalism & Its Alternatives • Federalism: Invented in the U.S. 1787 – A system of shared sovereignty between two levels of government – One national & one sub-national – Occupying the same geographic region. • For a system to be truly federal • The powers of both the national units & the subnational units • Must be specified in a constitution. Countries That Have A Federal System Today Table 3-1 pg. 48 Alternatives To Federalism • Unitary System: – A centralized governmental system – Where local or sub-divisional governments – Exercise only those powers given to them by the central government. • ie. Governments of Britain, France, Israel, Japan & Philippines Alternatives to Federalism • Confederate System: – A league of independent sovereign states, – Joined together by a central government – Who has only limited powers over them. • ie. Confederate states during the Civil War Advantages of Federalism • Well suited for large country • Provides for a multitude of arenas for decision making • Keeps government closer to the people & helps make democracy possible • Makes it possible to experiment w/ innovative policies & programs at the state or local level. Drawbacks to Federalism • Local self-rule may not always be in society’s best interests – Entrenched segregationist politicians in southern states denied African Americans their civil rights & voting rights for decades • Federalism also poses the danger that national powers will be expanded at the expense of the states. • At the same powerful state & local interests can block progress & impede national plans. • Lack of uniformity of state laws. Governmental Units in the United States Figure 3-1 Pg.. 49 The Constitutional Division of Powers • Division of Powers: – A basic principle of federalism – Established by the U.S. Constitution. – In a federal system, powers are divided between units of government • ie. Federal & State governments Powers Delegated to the National Government • The Constitution grants 3 types of powers to the national government: – 1) Expressed Powers – 2) Implied Powers – 3) Inherent Powers Powers Delegated to the National Government • Article I, Section 8, of the Constitution • Expressly enumerates 27 powers that Congress may exercise – Expressed Powers: Constitutional or statutory powers – expressly provided for by the Constitution or by congressional laws. • ie. Power to Tax, Coin Money, Regulate interstate commerce Powers Delegated to the National Government • Constitutional basis for implied powers, Article I, Section 8, Clause 18 – Implied Powers: The powers of the federal government – Are implied by the expressed powers in the Constitution or by congressional laws. • Often called Necessary & Proper Clause Powers Delegated to the National Government • Necessary & Proper Clause: – Article I, Section 8, Clause 18, of the Constitution – Gives Congress the power to make all laws “necessary & proper” – For federal government to carry out its responsibilities; • Also called the Elastic Clause. Powers Delegated to the National Government • Inherent Powers: – The powers of the national government that, although not expressly granted by the Constitution – Are necessary to ensure the nation’s integrity & survival as a political unit. • Inherent powers include: – The power to make treaties – & the power to wage war or make peace. Powers Prohibited to the National Government • Located in Article I, Section 9 & the 1st eight amendments to the Constitution: – Imposing taxes on exports – Passing laws restraining certain liberties • ie. Freedom of speech or religion – Prohibited from exercising powers • ie. Power to create national school system (not included among its expressed & implied powers) The Powers of the States • 10th Amendment to the Constitution: – Powers not delegated to the national government by the Constitution, nor prohibited to the states, “are reserved to the States respectively, or to the people.” The Powers of the States • Police Powers: – Powers of a government body – Enable it to create laws for the protection of: • • • • Health Morals Safety & Welfare of the people – In the United States, most police powers are reserved to the states. Powers Prohibited to the States • Article I, Section 10 denies certain powers to state governments – ie. Tax goods transported across state lines & Entering into treaties w/ other nations – ie. 13th, 14th, 15th, 19th, 24th & 26th Amendments also prohibit state actions Interstate Relations • Horizontal Federalism: – Relationships among the states in our federal system of government. • Interstate Compacts: – Agreements among two or more states – To regulate the use or protection of certain resources – ie. Water or Oil & Gas » California & Nevada concerning Lake Tahoe Interstate Relations • Constitution & Horizontal Federalism – Full faith & credit clause • Requires each state to honor every other state’s public acts, records, & judicial proceedings. Concurrent Powers • Powers held by both the federal & the state governments in a federal system. – ie. Power to Tax Supremacy Clause • Article VI, Clause 2, of the Constitution: – Which makes the Constitution & federal laws superior to all conflicting state & local laws. • National government power ALWAYS takes precedence over any conflicting state action. The Constitutional Division of Powers Figure 3-2 pg. 55 Powers Denied By The Constitution Figure 3-2 pg. 55 The Struggle For Supremacy • Early U.S. Supreme Court Decisions: – Marbury v. Madison (1803) • Judicial Review – http://www.pbs.org/wnet/supremecourt/antebellum/land mark_marbury.html – McCulloch v. Maryland (1819) pg. 55 • Established the doctrine of Implied powers • Established doctrine of national supremacy – No state could use its taxing power to tax an arm of the national government. The Struggle for Supremacy • Gibbons v. Ogden (1824): pg. 56 – Issue: defining commerce clause – & whether national government had exclusive power to regulate commerce involving more than one state. • Decision: – Chief Justice John Marshall defined commerce: Includes all business dealings • (As well as steamboat travel) – Also states that power to regulate interstate commerce is an exclusive national power – & had not limitations except those found in the Constitution. Ultimate Supremacy Battle • Dred Scott v. Sanford (1857) – http://www.pbs.org/wnet/supremecourt/antebe llum/landmark_dred.html • The Civil War (1861-1865): • Issue: Future of Slavery – States’ rights v. National Supremacy – Secession: The act of formally withdrawing from membership in an alliance. • Ie. Withdrawal of a state from the Federal Union Dual Federalism • A system of government in which both the federal & state governments maintain diverse but sovereign powers. – Civil War to the 1930’s • “Layer Cake” Cooperative Federalism • The theory that states & the federal government should cooperate in solving problems. – Grew out of Great Depression, began in 1929 • Mixed cake • Still operates today Cooperative Federalism • New Deal: – A program ushered by Roosevelt administration in 1933 – Goal: Bring U.S. out of the Great Depression – New Deal included: • Many government spending • Public-assistance programs & • Thousands of regulations governing economic activity Cooperative Federalism & The Welfare State • Massive social programs of 1960’s and 1970’s – LBJ’s GREAT SOCIETY • Medicaid, Medicare, the Job Corps, Operation Head Start – Civil Rights Act of 1964 – Consumer Protection & Environmental Protection policy during the 70’s • Require greater state & local involvement Cooperative Federalism & The Welfare State • Picket-fence federalism: – Model of federalism which specific policies & programs are administered by all levels of government • National • State • & Local – ie. Welfare Policy during the 1960’s & 1970’s Effect of Supremacy Clause • Preemption: – Doctrine rooted in the supremacy clause of Constitution – Provides that national laws or regulations governing a certain area – Take precedence over conflicting state laws or regulations governing that same area. • National law trumps state law Federalism Today • New Federalism- More Power to the States: • New Federalism: – Plan to limit federal government’s role in – Regulating state governments – & to give states increased power to decide how they should spend government revenues. • Nation-centered federalism to State-centered federalism during 1970’s & 1980’s Federalism Today • New Federalism leads to Devolution: – The surrender or transfer of powers to local authorities by a central government. • Product of conservative thought • However also used during Clinton Administration w/ Welfare reform in 1996 The Supreme Court & the New Federalism • United States v. Lopez (1995): – 1st time in 60 yrs. Court holds that Congress had exceeded its constitutional authority under commerce clause – Court concludes that the Gun-Free School Zones Act of 1990 • Which banned the possession of guns w/ in 1,000ft. of any school – Was unconstitutional because it attempted to regulate an area that had “nothing to do w/ commerce.” The Supreme Court & the New Federalism • Significant 1997 decision, Court strikes down portions of the Brady Handgun Violence Prevention Act of 1993: – Made state & local law enforcement officers – Perform background checks on prospective handgun buyers – Until a national instant check system could be implemented. • Court stated that Congress lacked power to “dragoon” state employees into federal service by an unfunded federal mandate. The Supreme Court & the New Federalism • Federal Mandate: – Requirement in federal legislation which forces state & municipalities (local government) to comply w/ certain rules. • If federal government does not provide money to states to cover costs of compliance, mandate is an unfunded mandate. – Americans with Disabilities Act of 1990 The Fiscal Side of Federalism • Categorical Grants: – Federal grant targeted for a specific purpose • Categorical Grant for Education – Only to be utilized for the purchase of new textbooks • Block Grants: – Federal grant given to state for a broad area • Block Grant for Education – Can be used as state sees fit: New textbooks, more teachers, new computers, building improvements etc. Fiscal Federalism • Power of the national government to influence state policies through grants. – Cornerstone of national and state government relationship Competitive Federalism • Model of Federalism: – Devised by Political Scientist Thomas R. Dye • In which state & local governments compete for businesses & citizens, • Who “vote with their feet” – Moving to jurisdictions that offer competitive advantage • ie. Ohio Tax advantages for businesses vs. Ohio strict environmental policy