AP UNIT 1 PART 2: FEDERALISM

How the circle and the squares get along

Terms you need to know after this presentation…

• • • • • • • • • • Federalism Federalist #51 Delegated powers Reserved powers Concurrent powers Prohibited powers Elastic clause McCulloch v. Maryland (1819) Commerce clause Gibbons v. Ogden (1824) •Dual Federalism • Cooperative Federalism • Grants-in-aid • Categorical grant • Block grant • Mandate • Devolution • Pros and cons of federalism

Disaster Relief

•

Who’s job was it to clean up New Orleans and the rest of the coast after Katrina?

No Child Left Behind

•

Should the national gov’t step in to regulate school performance?

What is Federalism?

• Federalism – Two or more governments

exercise power and authority over the same people in the same territory OR… the relationship between the federal government (circle) and the state governments (squares)

• •

Defends the Constitution

Explains why a strong gov’t is necessary –

“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.”

Federalist #51

•

Defends separation of powers between state and national gov’t

Powers

- Delegated Powers (enumerated powers) – powers given

to Fed gov’t by Constitution

- Reserved Powers – state power alone - Concurrent Powers – shared - Prohibited Powers – denied from both - Ex. Neither gov’t can tax exports

Federalism Powers Delegated to the National Government Powers Reserved to States

• declare war • create and maintain armed forces • raise taxes • establish foreign • establish local governments • provide for the • establish and policy • regulate interstate and public welfare • criminal justice maintain schools • regulate trade foreign trade • make copyright • borrow money • charter banks within states • conduct elections and patent laws • build roads • establish postal offices • coin money • provide for public safety

• Aka – “Necessary and Proper Clause” • Art. I, Sec. 8, Cl. 18 - "The Congress shall have Power - To make all

Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.“

•

Impossible to predict all powers Congress will need to

function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers

Elastic Clause

McCulloch v. Maryland (1819)

• • • • Background Bank of the US operated in Maryland.

Maryland did not want BoUS to operate in state, competition unwanted, unfair.

Maryland taxed the bank to put it out of business.

McCulloch, BoUS employee, refused to pay the state tax.

McCulloch v. Maryland (1819)

Is a Bank of the US Constitutional?

YES

The national gov’t has certain implied powers that go beyond delegated powers. US needs a national bank for borrowing, lending, holding minted money, etc. All of which are delegated powers.

McCulloch v. Maryland (1819)

Can a state tax the federal gov’t?

NO The federal gov’t is supreme.

Since the BoUS is constitutional, only the feds may tax it.

John Marshall reaffirmed Supremacy Clause and Elastic Clause National (Federal) Gov gets STRONGER

• •

Commerce clause

Art. I, Sec. 8, Cl. 3 – ‘The Congress shall have power - To

regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”

• Congress has used the

elastic clause

to stretch this power.

• What is commerce?

Buying and selling of goods and services.

• Congress given the power to regulate commerce between foreign countries and US as well as state to state… they control business law

Gibbons v. Ogden (1824)

• • • • 1824 – aka “The Steamboat

Case”

Ogden received a state

licensed monopoly to run a ferry across the Hudson River.

Gibbons also saw the potential of the traffic between NJ and NY and obtained a federal license.

Ogden sued saying he had the valid state license, even though Gibbons had US license.

•

Gibbons v. Ogden (1824)

Result – Gibbons wins

Expanded national power in all areas of commerce law because nation overruled state in interstate trade issues.

• Fed Gov’t gets STRONGER • All trade today is primarily controlled by national law

Commerce Clause

• • Who cares? Why is this case important?

Gibbons v. Ogden ruling makes a loop hole giving Congress power to take control over any issue involving the movement of people, or things.

•

Fed gov’t power increased.

• • •

United States v. Lopez (1995)

1995 – “Gun Free School Zone” law banned possession of a firearm within 1000 feet of a school. 12 year old Lopez carried a gun on to the property. Gets arrested and goes to SC.

SC declared law unconstitutional – “nothing to do with

commerce” – carrying a weapon through a school zone is too much of a stretch for “commerce”

LIMITED National government power

Gonzalez v. Raich (2005)

• Controlled Substance Act (1970) – US gov regulates the

manufacture, importation, possession, and distribution of certain drugs

• Medicinal marijuana was legalized in California, but illegal to US government. Raich argued commerce clause should not take effect because 1) there was no business

transactions and 2) there were no state border issues.

•

Supreme Court ruled 6-3 against Raich saying that the federal government could trump state laws that permitted medicinal marijuana.

• OLD SCHOOL – Dual Federalism – Federal and state governments remain dominant in their separate spheres of influence.

– Gibbons v. Ogden proved life is not that simple.

DUEL FEDERALISM COOPERATIVE FEDERALISM LAYER CAKE

Two Metaphors

• NEW SCHOOL – Cooperative Federalism – State and Federal governments work together to solve complex problems.

Fiscal Federalism

Fiscal means

$$$

Q – How do you get the

states to do things they

•

normally wouldn’t do?

A – Money

Q – What is the answer to any question ever asked?

A – Money

EXAMPLE 1: Categorical Grants

-

target

specific purposes and

“strings attached.”

(Ex: States receive funds if state raised age to 21 and lowered BAC to .08) •

Money paid from one level of government to another to be spent for a specific purpose and meets specific criteria.

• • •

2 Types Project Grants - based on competitive applications by states and individuals. Formula Grants – based on specific formulas developed by Congress

Both impact things like families with dependent children and nutrition programs

EXAMPLE 2: Block Grants

• Block Grants – given for broad, general purposes and allow more discretion on how the money is spent (ex. Welfare reform & road construction) Vastly reduced under Reagan and George H.W. Bush

EXAMPLE 3: Mandates

•

A requirement that a state undertake an activity or provide a service.

• • Most apply to Civil Rights and the Environment.

Often times the states or local gov’ts have to pay the bill of the mandate set by Congress.

1986 Asbestos Emergency Response Act •

EX – Public schools have to use Internet filtering or schools

Handicapped Children’s Protection Act

lose e-rate subsidies

1986 1988 Ocean Dumping Ban Act

Explosion of ACTS

Drug-free 1988 • Workplace Act

EX – Columbus, OH spends 23% of the city budget trying to meet environmental mandates (including testing for pesticides used on rice and pineapple)

1990

Change in Spending

• A shift began in the early 20 th Century towards more and more Federal Government spending. The Great Depression is a good example.

1929 1939

47%

23% 30%

1960

Federal 17% State Local (City)

23% 60%

64%

17% 19%

1997

66%

19% 15%

The return of power from the Federal government to the state governments.

This idea is fueled by the distrust of the federal government and the desire to save money by reducing the size of the

“bloated federal government”

EXAMPLE

Personal Responsibility and Work Opportunity Reconciliation Act of 1996

Eliminated welfare and transferred the money to states as block grants

States received wide latitude on how to administer “workfare” but with the knowledge that Congress was counting on anti-poverty spending” Strings attached: head of family must work or lose benefit; lifetime

benefits limited to 5 years; unmarried mother < 18 only receive $ if stay in school and live with adult; immigrants ineligible for 5 years.

Federalism is good

Living under 2 governments is great…

• Built on compromise, promotes unity. • Gov’t duties can be split up. • Brings gov’t closer to people. • Allows for state gov’t to address issues in unique regions

of the country.

• Allows states to experiment with policy

before enacting it at the federal level.

– Ex. Vermont’s free health care for children or Massachusetts Universal Healthcare law (written by Gov Mitt Romney) and used by President Obama as a blueprint for the national program.

Federalism is bad

• • • •

Living under 2 governments is bad… States can impede progress of Nation.

States are unequal.

States have different policy.

Easier for states to be dominated by interest groups.