Federalism

Chapter 3

Federalism

• Key Terms (3):1. Bill of attainder2. Cooperative federalism3. Dual federalism4. Extradition clause5. Full faith and credit clause6. Interstate compacts7. Reserve (or police) powers8. Privileges and immunities clause9. Supremacy clause10. Unfunded mandates

Federalism

• Big book assignment (text) (3):– Global Perspective p. 100, questions 1 and 2– Politics Now p. 112, questions 1 and 2– Join the Debate p. 116, questions 1 and 2

Federalism

• Notebook Check 3: 1/28/09– Big Book (3), (4)– Small Book (4), (5)– Key Terms (3), (4)– Notes (3), (4)

Federalism

• Figure 3.1, Number of Governments in the United States p. 97

• Levels were created due to fear of tyranny– Furthermore, each level is separated into 3

branches– Constitution binds over 87,000 governments

together

Federalism

• Figure 3.2, p. 98• Federal system: Authority goes from people

to states and to government• Unitary system: Local gov’ts get power

from national government• Confederate system: National gov’t gets

power from states

Federalism

• National Powers – Fig. 3.3 p.99– Enumerated Powers - Article I, Section 8

• Coin money• Conduct foreign relations• Provide army and navy• Declare war• Establish national courts

Federalism

• National Powers– Necessary and Proper clause (elastic clause)

• Authority to enact necessary and proper laws for carrying out enumerated powers

• These are implied powers

Federalism

Federalism

• National Powers– The power to tax comes from the 16th

amendment– 17th amendment – direct election of senators

Federalism

• 10th Amendment, p.102 – Read and Understand

Federalism

• Federalism and the Marshall Court– Chief Justice John Marshall (1801-1835)– His court defined the relationship between state

and national gov’t

Federalism

• Federalism and the Marshall Court– McCulloch v.Maryland (1819)

• National gov’t has ultimate authority to create a bank• A tax by the states would impede the ability to govern

– Gibbons v. Ogden (1824)• Dispute over the reach of Congress in interstate

commerce• Supreme Court upheld broad Congressional powers

over the states

Federalism

• Federalism and the Marshall Court– McCulloch v.Maryland (1819)

• National gov’t has ultimate authority to create a bank• A tax by the states would impede the ability to

govern

– Gibbons v. Ogden (1824)• Dispute over the reach of Congress in interstate

commerce• Supreme Court upheld broad Congressional powers

over the states

Federalism

• Dual Federalism– Roger B. Taney takes over after Marshall– Involved the 10th amendment, improved

state powers along with national powers

Federalism

• Dual Federalism– Dred Scott v. Sanford (1857)

• Ruled that Congress had no power over slavery in the territories

• Gave more power to states

Federalism

• Cooperative Federalism– The New Deal

• All levels of gov’t had to work cooperatively• Government went from “layer cake” to

“marble cake”

Federalism

• Federal Grants– First grants from national gov’t to the states were

during the Civil War– States get most federal money through grants– LBJ’s “Great Society” called for a war on poverty

in the 1960’s• Saw a boom of federal money sent to states to fight

social problems

Federalism

• Federal Grants– LBJ administration began to give the federal

government more power and sway over the states

– 1970’s saw a reaction to “big government”

Federalism

• New Federalism– A pledge by Reagan saw the beginning of

shrinking gov’t– 1980’s - less assistance to the states– What assistance there was was more open-

ended• Categorical grants - to be used for specific purposes• Block grants - to be used on more broad topics

Federalism

• New Federalism– Block grants ended up with four categories

• Health• Income security• Education• Transportation

Federalism

• New Federalism– Clinton years saw a restructuring of welfare aid– Republicans had the House during Clinton years– Gave Congress the responsibility of finding

funds for unfunded mandates– AFDC (look it up) replaced by TANF (p.113)

• Scaling back of welfare

Federalism

• Federalism and W– Bush would have scaled back federal spending

more if not for 9/11– Spending took place to fight the war on terror– Hurricanes Katrina and Rita cost $$– NCLB created need for more bureaucracy– Preemption - using supremacy clause to

override state laws before they happen

Federalism

• Judicial Federalism - Rehnquist Court (1986-2005)

– The Supreme Court has upheld 5-4 vote on not increasing Congressional power

– Reagan tried to appoint justices to do this– Clinton tried to appoint justices to stop it

• P.118 - Look at abortion access

Our Supreme Court

• John Paul Stevens• Antonin Scalia• Anthony M. Kennedy• David H. Souter• Clarence Thomas• Ruth Bader Ginsburg• Stephen G. Breyer• Samuel A. Alito, Jr.• John G. Roberts, Jr. - Chief Justice