Chapter 3 Federalism n WHO GOVERNS 1 Where

Chapter 3 Federalism

n WHO GOVERNS? 1. Where is sovereignty located in the American political system? 2. How is power divided between the national government and the states under the constitution? n TO WHAT ENDS? 1. What competing values are at stake in federalism? 2. Who should decide which matters ought to be governed mainly or solely by national laws? Copyright © 2011 Cengage

Why Federalism Matters I: A-C n n n Federalism is a system in which the national government shares power with state/local governments. State governments have the authority to make final decisions over many governmental actions. The most persistent source of political conflict is between national and state governments. Copyright © 2011 Cengage

The Founding II: A-B n n A Bold New Plan: A “federal republic” for which there was no precedent Elastic Language Copyright © 2011 Cengage

Elastic Clause n n n 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

The Debate on the Meaning of Federalism III: A-B n n The Supreme Court Speaks Nullification Bowdoin College Museum of Art, Brunswick, Maine, Bequest of the Honorable James Bowdoin Copyright © 2011 Cengage Thomas Jefferson was an ardent supporter of states’ rights, p. 54

Mc. Culloch v. Maryland (1819) Background n Bank of the US operated in Maryland did not want Bo. US to operate in state, competition unwanted, unfair n Maryland taxed the bank to put it out of business n Mc. Culloch, Bo. US employee, refused to pay the state tax

Mc. Culloch 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. n

Mc. Culloch v. Maryland (1819) Can a state tax the federal gov’t? -NO. The federal gov’t is supreme. Since the Bo. US is constitutional, only the feds may tax it. -John Marshall reaffirmed Supremacy Clause and Elastic Clause -National (Federal) Gov gets STRONGER

The Granger Collection At one time the states could issue their own paper money, such as this New York currency worth 25 cents in 1776. Under the Constitution, this power was reserved to Congress. p. 55

The Debate on the Meaning of Federalism III: C n n n The Supreme Court Speaks Nullification Dual Federalism Bowdoin College Museum of Art, Brunswick, Maine, Bequest of the Honorable James Bowdoin Copyright © 2011 Cengage Thomas Jefferson was an ardent supporter of states’ rights, p. 54

Commerce clause n n 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) n n 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 n Expanded national power in all areas of commerce law because nation overruled state in interstate trade issues n Fed Gov’t gets STRONGER n All trade today is primarily controlled by national law

Commerce Clause n n n Who cares? Why is it 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) n n n 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 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

2 Federalisms? n 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 n NEW SCHOOL – Cooperative Federalism • State and Federal governments work together to solve complex problems

2 Federalisms TWO METAPHORS… n Dual Federalism – Layer Cake Federal State • Cooperative Federalism – Marble Cake

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Fiscal Federalism n n n Fiscal means $ Q – How do you get the states to do things they normally wouldn’t do? A – Money

The Debate on the Meaning of Federalism III: D n n The Supreme Court Speaks Nullification Dual Federalism State Sovereignty Bowdoin College Museum of Art, Brunswick, Maine, Bequest of the Honorable James Bowdoin Copyright © 2011 Cengage Thomas Jefferson was an ardent supporter of states’ rights, p. 54

Governmental Structure IV: A: 1 -4 n n n Federalism Unitary Government Special Protections The Granger Collection, New York Federalism has permitted experimentation. Women were able to vote in the Wyoming Territory in 1888, long before they could do so in most states, p. 62 Copyright © 2011 Cengage

Figure 3. 1 Lines of Power in the Federal System of Government Copyright © 2011 Cengage

Figure 3. 1 Lines of Power in the Federal System of Government

Figure 3. 1 Lines of Power in the Federal System of Government

Governmental Structure IV: A n n n The Granger Collection, New York Federalism has permitted experimentation. Women were able to vote in the Wyoming Territory in 1888, long before they could do so in most states, p. 62 Federalism: Good or Bad? Increased Political Activity What the States can do • Initiative • Referendum • Recall Copyright © 2011 Cengage

Federalism is bad IV: B: 1 Living under 2 governments is bad… n States can impede progress of Nation n States are unequal n States have different policy n Easier for states to be dominated by interest groups

Federalism is good IV: B: 2 Living under 2 governments is great… n Built on compromise, promotes unity n Gov’t duties can be split up n Brings gov’t closer to people n Allows for state gov’t to address issues in unique regions of the country n Allows states to experiment with policy before enacting it at the federal level – Ex. Vermont’s free health care for children

Federalist #51 n n 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. ” n Defends separation of powers between state and national gov’t

p. 59 Copyright © 2011 Cengage

Federal-State Relations V: A-F Grants-In-Aid n Meeting National Needs n The Intergovernmental Lobby n Categorical Grants n Rivalry Among the States n Copyright © 2011 Cengage David Young-Wolff/Photo. Edit Some of the nation’s greatest universities, such as the University of California at Los Angeles, began as land-grant colleges. p. 64

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Source: Budget of the U. S. Government, Fiscal Year 2009. Copyright © 2011 Cengage

New York police check backpacks as passengers enter a ferry when the city was on high alert in 2005. p. 65 Copyright © 2011 Cengage

Figure 3. 2 The Changing Purpose of Federal Grants to State and Local Governments Note: Totals may not add up to 100 percent because of rounding. Source: Budget of the U. S. Government, Fiscal Year 2007, table 12. 1.

Federal Aid and Federal Control VI: A-C n n Mandates Conditions of Aid Mario Tama/Getty Images Copyright © 2011 Cengage

Mandates n n n 1986 – Asbestos Emergency Response Act, Handicapped Children’s Protection Act 1988 – Drug-free Workplace Acts, Ocean Dumping Ban Act 1990 – Clean Air Act EX – Columbus, OH spends 23% of the city budget trying to meet environmental mandates (including testing for pesticides used on rice and pineapple) EX – Public schools have to use Internet filtering or schools lose e-rate subsidies

A Devolution Revolution? VII: A-C n n n Devolution shifts many federal functions to the states. Most Americans favor devolution, but not if that means cuts in government programs that benefit most citizens. What have been the consequences of devolution? Copyright © 2011 Cengage

n http: //thepoliticalcarnival. net/wpcontent/uploads/2012/11/chart-redstate-socialism. jpg Copyright © 2011 Cengage

Robin Nelson/Corbis A woman who heads a faith-based organization works with a jailed teenager to help him overcome his problems. p. 70 Copyright © 2011 Cengage

Congress and Federalism VIII: 1 -2 WHY IS THERE SO MUCH POLITICAL AND POLICY DIVERSITY IN THE UNITED STATES? n n State and local governments have retained certain constitutional protections. Members of Congress think of themselves as representatives of localities to Washington, not as representatives of Washington to the localities. Copyright © 2011 Cengage