federalism dr. robert sterken university of texas at tyler

Federalism

Dr. Robert SterkenUniversity of Texas at Tyler

Systems of GovernmentConfederation - loose association of independent statesUnitary - all power resides in the central governmentFederal - power is shared (only 11 out of the approximately 190 nations in the world have federal systems).

Federalism

Unitary government was unacceptable due to the British experience and confederation had failed under the Articles, so theFounding Fathers created a half-way house they called federalism. Under federalism, power is divided among the states and the national government.

Defining FederalismFederalism is a way of organizing a nation so that two or more levels of government have formal authority over the same area and people.

Why is Federalism Important?

The Federal system decentralizes our politics.Senators are elected as representatives of

individual statesWith more layers of government, more

opportunities exist for political participationFederalism enhances Judicial power

through the necessity of deciding disputes between the levels of government.

Constitutional Basis of Federalism

The writers of the constitution carefully defined the powers of the states and national governments.Supremacy Clause – Article VI states that three items are the supreme law of the land: The Constitution Laws of the national government Treaties (which can only be made by the national

government).

The Framers feared government and wanted to limit it, they didn't want to put too much power into one set of hands. So they divided power vertically through federalism and horizontally through separation of powers among the three branches of government. Each branch would be independent and equal with different staffs and functions.

Separation of Powers

Judges

Judges in every state are specifically bound by the Constitution.

The Tenth Amendment“Powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

Evolution of Federalism-Dual Federalism

separate and equally powerful levels of government

nationalgovernment

stategovernment

Establishing National Supremacy

Three Key Events have largely settled the issue of how national and state powers are related:McCulloch v. Maryland (1819)Gibbons v. Ogden (1824)Civil War (1861-1865)

Evolution of Federalism:Nationalization (1789-1834)

National power is expanded by CourtMcCulloch v. Maryland (1819) –

“necessary and proper” clause-national bank

Gibbons v. Ogden (1824) – “commerce” clause – steamboat regulation

McCulloch v. Maryland (1819)

Supreme Court ruled that national policies take precedence over state policies.Implied powersEnumerated powers (Article I

section 8)

New York granted Robert Fulton a monopoly concession for steamship navigation on the Hudson River. The U.S. Congress also licensed a ships to sail on the Hudson.

Gibbons v. Ogden (1824)

The main constitutional question in Gibbons was about the scope of Congress' authority under the Commerce Clause. In Gibbons, the Court ruled that interstate commerce includes more than simply direct dealings in products. It also includes other commercial activities. New York was found to be interfering in interstate commerce by granting a monopoly on the Hudson and lost the suit.

Gibbons v. Ogden

Gibbons v. Ogden (1824)

In Gibbons the US Supreme Court broadly defined commerce powers to encompass virtually every form of commercial activity.

Evolution of Federalism-Dual Federalism

Phase I (1835-1860)Dred Scott v. Sandford (1857)-

slaveryPhase II (1861-1933)Plessy v. Ferguson (1896)-

separate but equal doctrine

Civil War (1861-1865) The Civil War settled militarily the issue of national supremacy.

Evolution of Federalism - Cooperative Federalism(1934-1960)

The Great DepressionThe New Deal - FDRFederal and State

governments share responsibilities

Federal grants - categorical

Evolution of Federalism: Creative Federalism (1960-1968)

The Great Society--LBJ Federal Government

Increases in Strength over the State Governments

Increase in Federal Grants to State and Local Governments Senator Richard Russell and President

Lyndon B. Johnson. (NLJ-WHPO-A-VN013)

New Federalism (1968-1992)

revenue sharingblock grantsstate and local

government lobbies

Under a federal system, national policy is the same for everyone, but state policies can differ widely.

Some simple examples:Death Penalty: FL yes MA no

Dark Window Tinting for Cars: NV yes MI no

Speed Limit: MI 70 mph MD 55 mph WY unlimited

Fireworks: SD legal MN illegal

Relations Among the StatesThe Constitution was designed to make America united – in other words to improve relations among the states and encourage unity. The Framers wanted a single country, not 13 squabbling semi-countries. Article IV requires states to give "full faith and credit" to each others' laws. This ensures that judicial decrees and contracts made in one state are legal and binding in other states.

As of July 1, 2000, Vermont recognized same-sex civil unions, according to a law passed by legislature in April 2000. The statute gives couples the same status as "married" couples but still defines "marriage" as a male-female union.