Federalism

• Most of the powers listed in the Constitution are those given to Congress:– Enumerated powers of Congress: congressional powers

specifically named in the Constitution (Article I, Section 8)

– Necessary and proper clause: constitutional authorization for Congress to make any law required to carry out its powers; also known as the elastic clause

Federalism, cont’d.

• Supremacy clause: constitutional declaration (Article VI) that the Constitution and laws made under its provisions are the supreme law of the land– National laws take precedent when state laws conflict

– Article 1 Section 9 lists powers denied to Congress– Constitution says very little about the powers granted to states

(10th amendment)– Article 1 Section 10 limits the powers of the states– 14th Amendment limits the power of states over individual liberties

since the Bill of Rights only apply to the national government

Why did Founders select Federal style of government?

• would provide a means to help limit government

• was a way to incorporate the states – giving them purpose and continued power.

• Create levels of govt to help deal with the diversity among peoples of the various states, religions, etc.

Regions of nation are diverse in political thought. They develop what is known as a “political culture”

• During the 20th Century there were 3 geographically based cultures in America

• – New Englanders were considered Moralistic in

their approach to solving problems.– Midwest – farmers and frontier goals were policy

decisions to improve living conditions.– South – very traditionalist with desires to maintain

the status quo

These subcultures all but gone today. Why?

National news networks, national magazines and newspapers, great mobility –Internet, etc. fewer of us are likely to feel a huge regional identity.

• STATES: do, however, have an identity – state constitutions, flags, songs, flowers, birds

• In reality each states is a separate political actor vying for a share of the nation’s resources

And different states want and need different things depending on their state population:

• Utah young outnumber the elderly – so they are interested in education not SS

• Texas/Fla have large hispanic populations – interested in services, bilingual education, etc.

• Arizona/Fla large retirement communities – interested in SS, medicare, GOLF courses

• Family income in New Jersey 80% higher than Arkansas – different concerns

• So what do all these varying concerns and policy desires do to the relationship between the national and state governments?

• • Is there a conflict between the powers of

each government?

Several different of interpreting Federalism

• Nation –Centered Federalism – rest with the idea that the Constitution was ratified by the people of the nation. The national govt has the greatest power – Hamilton and the Federalist Papers.

• State – Centered Federalism – used by the Southern states to try and gain independence – the idea that the Constitution is a product of the actions of the states by its creation and Congress has only the powers given to it in the Constitution.

• Dual Federalism – is the idea that there are two spheres of power each with their own areas of control. (1789-1937)

BIG IDEA

• Ideas of how our Federal system should work have changed or grown over time!!

Early National Period – 1801 to 1835

Marshall court strengthening the national govt’s control• Marbury v Madison – judicial review•According to Article III of the Constitution, the Supreme Court only tries cases "affecting ambassadors, other public ministers and consuls" and to cases "in which the state shall be party." By extending the Court's original jurisdiction to include cases like Marbury's, Congress had exceeded it authority. And when an act of Congress is in conflict with the Constitution, it is, Marshall said, the obligation of the Court to uphold the Constitution because, by Article VI, it is the "supreme law of the land."

• McCulloch v Maryland – Maryland taxing national bank, Marshall’s court says that it is unconstitutional. The state doesn’t have the power to destroy the bank, because the bank’s creation was necessary and proper for Congress to carry out it’s functions.

• Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank of the United States and that the state of Maryland lacked the power to tax the Bank.

• Gibbons vs. Ogden- interpreted Commerce clause very broadly for first time.

• Gibbons free to operate his steamboats.

• Significance: Use of commerce clause set the stage for future expansion of congressional power over commercial activity and a vast range of other activities once thought to come within the jurisdiction of the states.

Pre Civil War – beginning 1836

• Supreme Court began interpreting the 10th Amendment as a limitation on federal powers

Dred Scott v. Sandford (1857)- AA cannot sue b/c they are not citizens. The federal government had no power to regulate slavery in the federal territories acquired after the creation of the United States.

Period with all the nullification issues-Nullification crisis (Tariffs in S. Carolina)

Taney court

O Different notion of federalism oBelief that separate and equally powerful levels of government work best oNational government should not exceed its constitutionally enumerated powers oCourt tended to limit the national government’s authority in areas such as slavery and civil rights

Civil War to New Deal(cooperative federalism)

• Industrialization brought unsafe working conditions and the need for national govt to intervene with regulations.

• Federal govt expanding to meet the needs of a changing nation

• Finally during the Depression the Court decisions began approving New Deal legislation – in a way a return to thinking of Federal / State relationship as nation-centered

• In actuality the legislation and regulations of the New Deal expanded both national and state powers where govt directly is touching everyday lives of all citizens. (NECESSARY AND PROPER CLAUSE)

• Major change in how citizens viewed the government!!!

New Deal to Great Society (Regulated Federalism)

• Govt giving large sums of money in the form of grants to the states but now they have strings attached. In order for states to get and use the money they must put certain programs in place and do things a certain way.

• 1950’s Eisenhower’s interstate highways• 1960 –1968 federal programs grew from 132 to

379 and federal aid costs tripled.• Decentralists often opposed national stance on

civil rights.

1969 to 1974 term was New Federalism

• Nixon wanted to make govt more effective and efficient

• Consolidated many grants into – Block Grants to allow states to make more decisions for there particular needs

• Revenue Sharing – return tax dollars to states

• DEVOLUTION!!!

Reagan

• Reagan ended revenue sharing and ideologically opposed “big govt” His goal was to reduce the size of govt believing that citizens depended too much on the national govt. Idea of personal responsibility and letting the economics of the situation work.

• Federal spending actually went up during the Reagan years because of defense spending.

Clinton

• Did not believe govt needed reducing but did have faith in the states ability to make decisions and be places to experiment with policy ideas – more like Nixon in his desire to make govt more efficient

• Even Newt Gingrich and the 1994 Republican Revolution in Congress could not really reduce the size of govt. ----- There are really not very many people that really wish for a state centered type of federalism.

•

• What we have seen in recent years (1990’s) Courts have empowered the states at the expense of the national govt. by placing some restrictions on congress and its ability to use their power to regulate commerce.

• = DEVOLUTION (Ex. Welfare reform)

Landmark case

• US vs. Lopez• Supreme Court ruled that Congress had

exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones.

Since 2000

• Expansion of UNFUNDED MANDATES (ex. Americas with disabilities act)– How do you pay?