Federalism Balancing Power Balancing Rights Chapter 3 CHAPTER

Federalism: Balancing Power, Balancing Rights Chapter 3 CHAPTER 3 Federalism: Balancing Power, Balancing Rights

Federalism and State and Local Governments • State and local governments have great influence over the daily lives of their constituents • Consequently, they have great influence over the politics of race and ethnicity • The concentration of racial and ethnic groups correlates with the amount of political power these groups may have CHAPTER 3 Federalism: Balancing Power, Balancing Rights

Federalism and State and Local Governments • State legislatures – Type of government: Bicameral and unicameral legislatures – Voting issues • Gerrymandering • Voting Rights Act of 1965 • Majority–minority districts CHAPTER 3 Federalism: Balancing Power, Balancing Rights

Black and Latino Representation in State Legislatures CHAPTER 3 Federalism: Balancing Power, Balancing Rights

Federalism and State and Local Governments • Governors – – Line-item veto Appointing leaders for state agencies Influence racial and ethnic minority politics Offices rarely held by racial and ethnic minorities CHAPTER 3 Federalism: Balancing Power, Balancing Rights

CHAPTER 3 Federalism: Balancing Power, Balancing Rights

Federalism and State and Local Governments • State courts – Most criminal lawsuits and prosecutions take place in state trial courts – These are hierarchical systems – Judges are the most important actors • States vary in how judges are selected • Selection processes include gubernatorial selection, direct election, and nonpartisan commission selection CHAPTER 3 Federalism: Balancing Power, Balancing Rights

Federalism and State and Local Governments • Local governments – Dillon’s rule versus home rule – Municipalities, county commissions, and school districts CHAPTER 3 Federalism: Balancing Power, Balancing Rights

Federalism and the Constitution • The Constitution and national government power – Commerce Clause – Necessary and Proper Clause – Supremacy Clause CHAPTER 3 Federalism: Balancing Power, Balancing Rights

Federalism and the Constitution • The Constitution and national government power (cont. ) – How states must relate to each other • • • Extradition Clause Full Faith and Credit Clause Privileges and Immunities Clause Fugitive Slave Clause Interstate Compact Clause CHAPTER 3 Federalism: Balancing Power, Balancing Rights

Federalism and the Constitution • Constitutional amendments and national power – Thirteenth Amendment – Fourteenth Amendment • Due Process Clause • Equal Protection Clause – Fifteenth Amendment – Nineteenth Amendment – Twenty-fourth Amendment (ending poll taxes) CHAPTER 3 Federalism: Balancing Power, Balancing Rights

Federalism and the Constitution • The Constitution and state power – Tenth Amendment • Police powers – Eleventh Amendment – Article 1 • Electoral College CHAPTER 3 Federalism: Balancing Power, Balancing Rights

The Evolution of American Federalism • Federalism in the early republic and industrialization – Mc. Culloch v. Maryland (1819) • Implied power – Gibbons v. Ogden (1824) • Commerce clause – Civil rights issues • Fugitive Slave Act of 1793 • Treaty of Guadalupe Hidalgo (1848) • Dred Scott v. Sandford (1857) – See “Our Voices: John Marshall and the Status of Indian Tribes” CHAPTER 3 Federalism: Balancing Power, Balancing Rights

The Evolution of American Federalism • Dual federalism and the ascendency of state autonomy – Dual federalism: A view of federalism in which the national government is limited to a strict interpretation of the powers granted in the Constitution and states enjoy broad police power to rule within their own territory CHAPTER 3 Federalism: Balancing Power, Balancing Rights

The Evolution of American Federalism • Dual federalism and the ascendency of state autonomy – – Monopolies Child labor Grants-in-aid Civil rights issues • Separate but equal principle CHAPTER 3 Federalism: Balancing Power, Balancing Rights

The Evolution of American Federalism • Cooperative federalism and the growth of the national government – Cooperative federalism: A view of federalism in which the national government expands its power and blurs the lines between national and state authority CHAPTER 3 Federalism: Balancing Power, Balancing Rights

The Evolution of American Federalism • Cooperative federalism and the growth of the national government (cont. ) • Incorporation • Economic regulation – Categorical grants – Unfunded mandates • Civil rights policies – Brown v. Board of Education (1954) – Civil Rights Act of 1964 – 1975 Indian Self-Determination and Education Act CHAPTER 3 Federalism: Balancing Power, Balancing Rights

CHAPTER 3 Federalism: Balancing Power, Balancing Rights

The Evolution of American Federalism • The era of devolution – Devolution: A view of federalism that advocates partially returning power to state and local governments CHAPTER 3 Federalism: Balancing Power, Balancing Rights

The Evolution of American Federalism • The era of devolution (cont. ) – The role of presidents and Congress • Began in 1969 under President Nixon • Expanded under President Reagan • Block grants CHAPTER 3 Federalism: Balancing Power, Balancing Rights

The Evolution of American Federalism • The era of devolution (cont. ) – The role of the Supreme Court • Commerce Clause • Preemption • Reinterpretation of the Eleventh Amendment CHAPTER 3 Federalism: Balancing Power, Balancing Rights