American Federalism

American Federalism: 87,000 Governments: 

American Federalism: 87,000 Governments The politics of compromise

Thinking About Federalism: 

Thinking About Federalism Questions Why is gasoline more expensive from state to state? Why are there federal and state taxes? Why do we have duplicate state and federal programs Federalism is a system of constitutional powers divided between different levels of government. How and why is the focus of our lecture?

Three Systems of Government: 

Three Systems of Government Confederal System National government authority determined by member states. Examples: Switzerland, U.S. under Articles of Confederation, NATO Unitary System Supreme governmental authority rests in the hands of the national government. Lower government authority determined by national government

Federal System: 

Federal System Authority is divided, usually by a written constitution, between a central government and regional (aka constituent) governments. Both act directly on the people. Both are supreme (in theory) within their sphere of authority. 87,500+ governments in U.S.

Why American Federalism?: 

Why American Federalism? Compromise Argument between Nationalists vs. states ’ rights Federalism allows national problems to be addressed more directly through federal authority while state traditions and local power are retained.

Why American Federalism?: 

Why American Federalism? Supporting Arguments Direct Access Brings government closer to the people by providing direct access. Keeps national government from being focus of political dissatisfaction. Separating power is efficient Big countries can only do so much. Impractical to locate all political authority in one place. States can be used as laboratories.

Why American Federalism?: 

Why American Federalism? Opposing Arguments Separation of powers is inefficient Waste and duplication. Federalism breeds inequality through different state standards. Powerful state and local interests can block progress and impede national demands. Example: blocking civil rights legislation in the 1950s and ’ 60s.

Federalism and the Constitution: 

Federalism and the Constitution Division of Powers No mention of Federalism in the Constitution, but it is implied. Powers of the Federal Government Enumerated Powers Coining money, post offices, interstate commerce, naturalization laws, foreign relations Implied Powers Elastic Clause (Necessary and Proper Clause) Provides flexibility in executing federal duties

Federalism and the Constitution: 

Federalism and the Constitution Powers of the States 10 th Amendment Powers reserved to the states, or to the people. Regulate trade within its borders, state militia Police power Protection of health, morals, safety, and welfare Crimes, marriage, contracts, education, traffic laws, and land use.

Federalism and the Constitution: 

Federalism and the Constitution Concurrent Powers Powers held jointly by the national and state governments (most are implied rather than stated) Levy taxes, borrow money, establish courts, charter banks and corporations.

Federalism and the Constitution: 

Federalism and the Constitution The Supremacy Clause Constitution is the Supreme law of the land. States cannot use their reserved or concurrent powers to thwart national policies. Federal law takes precedence. Medical Marijuana Supreme Court ruled in June 2005 that state medical marijuana laws violate interstate commerce laws of Federal government to prohibit pot.

Federalism and the Constitution: 

Federalism and the Constitution Interstate Relations Horizontal Federalism Each state must: Give full faith and credit to another state ’ s laws and contracts (i.e., marriage) Extend privileges and immunities to all citizens regardless of state residency. Honor extradition requests.

The Growth of Federal Power: 

The Growth of Federal Power How did power shift to Federal government? Marshall ’ s Supreme Court McColloch v. Maryland (1819) Maryland ’ s attempt to tax the national bank violated the supremacy clause. Gibbons v. Ogden (1824) Only the Federal government could regulate interstate commerce. Court defined “ commerce ” as all business dealings . Marshall ’ s court leadership expanded federal power under implied powers. Chief Justice John Marshall

The Growth of Federal Power: 

The Growth of Federal Power Dual Federalism State and national government each remain supreme within their own spheres. Most government functions divided up like a layer cake. Court also grew more conservative. Child labor and civil rights laws struck down at turn of the century.

The Growth of Federal Power: 

The Growth of Federal Power Cooperative Federalism Great Depression of 1930s brought a sea-change in federal-state relations. National complex problems required cooperation. New Deal Federal grants to help pay for public works projects, welfare and unemployment assistance. State implementation and shared cost. Greater expansion of government ’ s role in domestic policy in 1960s and ’ 70s.

The Growth of Federal Power: 

The Growth of Federal Power Grants in Aid Categorical Grants-in-Aid Designated for very specific programs or projects. Block Grants Fewer restrictions allows for flexibility and state innovation. Unfunded Federal Mandates Congress passed a 1995 requiring it provide funds to states to implement mandates (i.e., environmental, health care, etc.) But Congress routinely breaks this law.

Supreme Court: Returning Power to States: 

Supreme Court: Returning Power to States Redefining the Commerce Clause Court blocked federal laws dealing with gun possession near schools and violence against women Court limited broad interpretation of the commerce clause. State Sovereignty Alden v. Maine (1999) and Kimel vs. Florida Board of Regents (2000) 11 th Amendment protection to states against being sued in Federal courts.

Conclusion: The Future of Federalism: 

Conclusion: The Future of Federalism Supreme Court has backtracked a bit. Decisions in 2003 and 2004 still assert Federal authority in some areas. Spending and unfunded federal mandates, even under Republicans, have continued. Bush ’ s “ No Child Left Behind ”