understanding the growth of the u.s. federal government principles and practice gisa 224 9 march,...

Understanding the Growth of the U.S. Federal Government

Principles and Practice

GISA 2249 March, 2015

Bumjoon Kwon

Discussion Question

Alexander Hamilton was one of the ardent advocates of a stronger federal government. But anti-federalists feared that the new federal government would wield too much power vis-à-vis the state (local) governments. In Federal-ist, No. 15, Hamilton tries to placate this fear by pointing out that the new federal government would be sufficiently in check. Do you think the federal government of the U.S. today is sufficiently in check as Hamilton argues, or is the exercise of its authority so vast as to give credence to anti-federalist fears? Would the Founding Fathers be dismayed or pleased with the scope of the central government’s powers today? That is, does the federal government have too much power relative to the states? If this is the case, what do you think had contributed to the growing power of the federal government of the U.S.?

Outline Why integrate?

The Constitutional design Checks and balances (separation of powers) Individual rights Federalism

Historical factors contributing to the growth of the federal Govt.

The Great Depression U.S. Hegemony begins Race relations in America (from slavery to the Civil Rights Movement of the

1950s-1960s)

Federal Govt. in the making Under the Articles of Confederation

“the relationship between Congress and the states…was much like the contemporary relationship between the United Nations and its member states, a relationship in which virtually all gov-ernmental powers are retained by the states.” (Lowi et al., p. 41)

Federalist, No. 15

“…there are material imperfections in our national system, and that something is necessary to be done to rescue us from impend-ing anarchy…We have neither troops, nor treasury, nor govern-ment…the United States has an indefinite discretion to make req-uisitions for men and money; but they have no authority to raise either.” (Alexander Hamilton)

Why federate? economic and political reasons (money & power)

Constitutional limits on power

Checks and balances Articles I, II, III

Individual rights (Bill of Rights) first ten Amendments (ratified in 1791)

Federalism?


Federalism?

Article VI, Section 2 (supremacy clause)

“This Constitution, and the Laws of the United States…shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Con-stitution or Laws of any State to the Contrary notwith-standing.”

Article I, Section 8 (necessary and proper clause)

“The Congress shall have Power…To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution…”


Federalism?

Amendment X (states’ rights or reserved powers)

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are re-served to the States respectively, or to the people.”

Evolving Federal-State Relationship

Dual federalism (1787~1930s)

Cooperative federalism (1930s~1960s)

Regulated federalism (1960s~)

The Turning Point (I)

FDR Presidency -- 1933-1945 (4 term president) -- Great Depression -- WWII -- U.S. claims hegemonic role -- Creating the United Nations -- Bretton Woods financial institutions -- From an isolationist to a champion of multilateralism -- New Deal programs Social Security Act of 1935 -- Cold War begins (fight against Communism at home

and abroad) -- Major reshuffling of the Executive branch (late 1940s) NSC, CIA, War Department to DoD, etc.

The Turning Point (II)

The Civil Rights Movement (1950s-1960s)

Racial segregation in public was constitutional under state laws



A civil rights demonstrator attacked by a police dog in Birmingham, Al-abama, 1963



Little Rock Central High School, Little Rock, Arkansas, 1957


Race relations in America

-- Three-fifths compromise

-- Secession of the Confederate States of America (1861)

-- Civil War (1861-1865)

-- 13th & 14th Amendments (1865 & 1868)

-- Segregation continues


Brown v. Board of Education (1954)

Issue: Whether the state governments should have the right to continue to enforce their public segregation laws? No

The Supreme Court reversed the Plessy v. Ferguson (1896) decision upholding constitutionality of the state laws re-quiring racial segregation at public facilities under the “separate but equal” principle

State laws requiring and permitting racial segregation were rendered unconstitutional

Public schools began integration but at a sluggish rate


The “Southern Manifesto” (1956) “We decry the Supreme Court’s encroachments on rights

reserved to the States and to the people, contrary to estab-lished law, and to the Constitution…(We) demand that the reserved rights of the States and of the people be made se-cure against judicial usurpation.”

-- 101 Mem-bers of Congress

(99 Democrats)


Little Rock Crisis of 1957

“Little Rock Nine”

Gov. Orval Faubus of Arkansas

Pres. Eisenhower

Arkansas National Guards

Showdown between the chief executives of the state and the federal government


Issue: Should the state governments handle race relations or the federal government?

Even after the Civil War and the passage of the 13th and 14th Amendments, issues regarding race relations were considered to be under state jurisdiction (Plessy v. Fergu-son)

14th Amendment (equal protection clause)

“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States…”

(federal supremacy added)

Federal government needed to protect its citizens’ individ-ual rights against the state tyranny (after the Brown deci-sion)


Significance of the CRM for the future state-federal rela-tionship

Civil Rights Act of 1964 and Voting Rights Act of 1965

placed the state voter registration rules directly under the federal control, barring literacy tests, and other voter reg-istration requirements, and intimidation at the polls

By doing so, it placed future electoral politics under the federal watch

Result “bigger” government

Current State-Federal Relationship

-- Tea Party Movement

understanding the growth of the u.s. federal government principles and practice gisa 224 9 march,...

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