Transcript FEDERALISM - Madeira High School

FEDERALISM
American Government
Federalism
In this chapter we will cover…
1. The Roots of the Federal System
2. The Powers of Government in the Federal
System
3. The Evolution and Development of
Federalism
4. Federalism and the Supreme Court
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The Roots of the Federal System
The Framers worked to create a political system that was
halfway between the failed confederation of the Articles of
Confederation and the tyrannical unitary system of Great
Britain.
The three major arguments for federalism are:
1. the prevention of tyranny;
2. the provision for increased participation in politics;
3. and the use of the states as testing grounds or laboratories
for new policies and programs.
Federalism Defined
Federalism is a political system in which
power is divided and shared between the
national/central government and the states
(regional units) in order to limit the power
of government.
2. The Powers of Government
in the Federal System
The distribution of powers in the federal system
consists of several parts:
– exclusive powers
– shared powers (concurrent powers)
– denied powers
– enumerated powers (Article I, sec.8))
– and implied powers (elastic clause)
Article I, Section 8
The enumerated powers of the central government
include the power to:
• lay and collect taxes
• provide for the national defense and make regulations for
the military
• regulate commerce with foreign nations, among the states,
and with Indian tribes
• coin money and regulate the value thereof
• declare war
• establish post offices
• issue copyrights and patents
Implied Powers
• The central government may make all laws which
shall be necessary and proper for carrying into
execution the enumerated powers.
• The necessary and proper clause has often been used
to expand the powers of the national government
(elastic clause).
State Powers
• Most come from the Tenth Amendment that says: "The powers
not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States
respectively, or to the people."
– These are often referred to as reserve or police powers
(affecting health, safety, and morals)
• Concurrent powers such as the right to tax, borrow money,
establish courts, and make and enforce laws are powers shared
with national government.
Denied Powers
• Article I, section 9 lays out powers denied
to the central government.
– For example: give preference to ports of
one state over another
• Article I, section 10 lays out the powers
denied to the states.
– For example: enter into treaties,
alliances, or confederations
Relations among the States
• The Framers wanted a single country, not thirteen
squabbling semi-countries.
• Article IV requires states to give “full faith and
credit” to each others’ laws and legal proceedings.
• States are also required to extradite criminals if asked
by another state.
• States recognize drivers’ and marriage licenses,
custody rulings, etc.
3.
The Evolution and Development
of Federalism
• The allocation of powers in our federal system has
changed dramatically over the years.
• The Supreme Court in its role as interpreter of
constitution has been a major player in the redefinition
of our Federal system.
– McCulloch v. Maryland (1819)
– Gibbons v. Ogden (1824)
– Dred Scott v. Sandford (1857)
McCulloch v. Maryland (1819)
• McCulloch was the first major decision by the
Supreme Court under Chief Justice John Marshall
about the relationship between the states and the
national government.
• The Court upheld the power of the national
government to establish a national bank and denied the
right of a state to tax the bank. “The power to tax is
the power to destroy.”
• The Court’s broad interpretation of the necessary and
proper clause paved the way for later rulings
upholding expansive federal powers.
Gibbons v. Ogden (1824)
• The Gibbons case centered on the conflict between the states and
the powers of Congress.
• Could New York grant a monopoly concession on the navigation
of the Hudson River? The Hudson River forms part of the
border between New York and New Jersey and the U.S.
Congress also licensed a ship to sail the Hudson.
• The main constitutional question in Gibbons was about the
scope of Congress' authority under the Commerce Clause
(Article I, sec. 8: “to regulate commerce with foreign nations,
and among the several states, and with the Indian tribes”)
• In Gibbons, the Court upheld broad congressional power over
interstate commerce.
Dred Scott v. Sandford (1857)
• The Supreme Court articulated the idea of dual federalism in
which separate but equally powerful levels of government is
preferable, and the national government should not exceed its
enumerated powers.
• The Taney Court held that Mr. Scott was not a U.S. citizen and
therefore not entitled to sue in federal court.
• The case was dismissed and Scott remained a slave.
• Chief Justice Roger Taney further wrote that Congress had no
power to abolish slavery in the territories and slaves were private
property protected by the Constitution. MO Compromise was
unconstitutional.
The Civil War and Beyond
• Dual federalism remained the Supreme Court's
framework for federalism and the prevailing notion in
the Reconstruction and Progressive Eras.
• Dual federalism finally ended in the 1930s, when the
crisis of the Great Depression demanded powerful
actions from the national government.
Cooperative Federalism
1930’s-50’s
• Prior to the 1930s, many scholars used the analogy of a layer cake to describe
federalism.
– Each layer had clearly defined powers and responsibilities.
• By the New Deal, the analogy of a marble cake seemed more appropriate because
the lines of authority were much more mixed. National government becomes
major player in domestic policy. There is major shift in money from federal
government to state/local governments.
• Marble cake federalism is often called cooperative federalism and has a much
more powerful national government. States have a cooperative role, as did cities.
• Grants-in-aid monies flooded states for public works projects, work programs,
relief agencies (alpabetocracy)
Federal Grant-in-Aid Outlays, 1940-2005
Creative (Regulated) Federalism
1960’s-70’s
• Increase in Categorical Grants: allocation of
federal money to the states for a specific purpose
(e.g., poverty programs, welfare, environment)
Federal leadership saw these grants as a way to compel
individual states to behave in ways desired by the
national government. If the states refused to
cooperate with the federal government, it would
withhold funds (e.g., interstate highway funds &
speed limit)
New Federalism: Reagan Revolution
1980’s-90’s
Drastic cuts in federal domestic programs and
income taxes in an attempt to reestablish the
primacy of the states. For the first time in
thirty years, federal aid to state and local
governments declined. His idea was that
federal government had gotten too big.
States should have more responsibility and
authority.
Issues during 1980’s-90’s
• Revenue sharing & matching funds
• Block grants: monies allocated to states for broad
purpose, such as education or poverty, with few
regulations on administering funds
• Unfunded mandates: laws that direct states & localities
to comply with federal regulations, e.g., clean air laws
& public access for disabled
• State budgetary constraints: recession, constitutional
requirement for balanced budget
• Intergovernmental lobby groups: NGA, USCM
The Devolution Revolution
Devolution = delegation of power & responsibility
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Clinton Era reaction to growth in power of the national government due to
Republican majority in both houses of Congress
President Clinton: responsibility to administer federal programs as chief executive
SOH Gingrich: roll back scope of federal government and give back of power to the
states
Contract with America: shift responsibilities to states; Unfunded Mandate Reform
Act of 1995
Gore’s Presidental Task Force on Reinventing Government - traditional Republican
issue
4. Federalism and the Supreme Court
• Poll after poll showed that Americans began to
think that the national government was too big,
too strong, and too distant to understand their
concerns.
• U.S. Supreme Court, once again, played a role in
interpreting this new form of federalism.
• Cases involving abortion, gun control,
environment, use of commerce clause, right to
sue.
Rehnquist Court
Reinterpreting Federalism
• Generally handing back power to the states
• Majority pro-states’ rights; 5-4 decisions
• Webster v. Reproductive Health Services (1989) and Casey
v. Planned Parenthood (1992): states can restrict abortion
laws
• U.S. v. Lopez (1995): federal law cannot regulate guns
within 1000 of a school
• Bush v. Gore (2000): upheld deadline for selection of
electors; struck down FL SC
Summary – Key Points to Remember
• Federalism is an important concept of the American system of
government meant to limit the power of the national
government.
• The notion of Federalism has changed drastically since the New
Deal in the 1930’s.
• In the 1960’s and 1970’s the scope of federal domestic policies
and programs increased steadily.
• In the 1980’s Reagan began a rollback of federal funding for
programs and funding to states.
• In the mid-1990’s Republican Congress promised to reduce the
size and scope of the national government and “return power to
the states.”