The Challenges of Modern Federalism New Orleans August

The Challenges of Modern Federalism New Orleans, August 2005 New York, September 2001

Federalism is… A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).

Federalism is… A system where national and state governments each have defined powers, with some being shared by both and some being denied to both.

Federalism & the Constitution The Federal Government has implied powers from the necessary & proper clause or “elastic clause” (ex: create a national bank) The U. S. Constitution is the supreme law of the land (National Supremacy Clause) The 10 th Amendment reserves powers to the states (ex: education, law enforcement, etc. ) The Federal Government has expressed powers specifically granted in the Constitution (tax, regulate commerce, declare war, etc. )

Dual Federalism (1789 -1932) Federal and state governments are coequals, each sovereign Narrow interpretation of the Constitution Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, foreign affairs) State have greater role and powers (ex: public education, race relations)

What does duel federalism have in common with a layer cake?

Cooperative Federalism (1933 -present) National government clearly supreme over the states with wide interpretation of the “necessary and proper clause” (Article I, Sect. 8 of the Constitution, also known as the “elastic clause. ”) Federal government intervenes or assists in some areas traditionally left to the states (ex: education, health care, civil rights) Began with the New Deal in the 1930 s

What does cooperative federalism have in common with a marble cake?

Political Cartoon #1 Title: Another Perfect Storm Artist: Jeff Danziger Date: September, 2005 http: //cartoonbox. slate. com/

Political Cartoon #2 Title: Disaster Response Artist: John Trever, The Albuquerque Journal Date: September, 2005

Political Cartoon #3 Title: Homeland Security Artist: Mike Keefe, The Denver Post Date: September, 2005

Political Cartoon #4 Title: Cleanup Artist: Cam Cardow, The Ottawa Citizen Date: September 5, 2005

Questions for Discussion What 20 th Century events contributed to the shift from dual federalism to cooperative federalism? What are the inherent strengths of a federal system in addressing national emergencies? What are the weaknesses? In both the near future, do you think the trend of cooperative federalism with the federal government taking a dominant role over the states will continue? Will this trend continue even into the distant future?