Chapter Three FEDERALISM

Transcription

1 Chapter Three FEDERALISM Copyright 2014 Cengage Learning

2 Learning Outcomes 1. Define federalism and contrast the federal system of government with the unitary and confederal systems in explaining where governmental power lies. 2. Identify two advantages and two disadvantages of the U.S. federal system. 2

3 Learning Outcomes 3. Locate the sources of federalism in the U.S. Constitution; using the terms vertical control and horizontal control, explain how the founders intended federalism and separation of powers to limit the expansion of national power 4. Explain the historical evolution of federalism as a result of the Marshall Court, the Civil War, the New Deal, civil rights, and federal grant-making. 5. Evaluate immigration policy as a challenge to modern federalism. 3

4 Three Systems of Government Unitary system Central government gives power to subnational governments Local governments typically have only powers granted by central government, rather than any reserved powers Majority of countries today 4

5 Three Systems of Government Confederal system Power retained by local/regional governments League of independent states Central government cannot make laws unless members support these Examples: Switzerland United States (under Articles of Confederation) 5

6 Three Systems of Government Federal system Divides power between national and lower level governments Written constitution Each government has distinct powers that other governments cannot override Examples: Australia, Brazil, Canada, Germany, India, Mexico United States 6

7 The Flow of Power in Three Systems of Government 7

8 Governmental Units in the United States 8

9 Why Federalism? A practical constitutional solution Framers wanted to combine strong central government with state traditions and local power Large geographical size of country Brings government closer to the people Benefit: state governments as testing grounds Allows for many political subcultures 9

10 Why Federalism? Arguments against federalism Way for powerful states to block plans Inequalities across states Some see expansion of national powers as danger Limited rights for minority groups James Madison, Federalist Paper No

11 The Constitutional Basis for American Federalism Federal system Authority divided Written constitution Central government + constituent governments Constitution specifies three types of power 1. Powers of national government 2. Powers of the states 3. Prohibited powers 11

12 The Constitutional Basis for American Federalism Powers of the national government Enumerated Powers Specifically granted by Constitution Coining money, standardized weights and measures, admitting new states, postal services, declaring war Power to regulate commerce Implied Powers Necessary and Proper Clause Inherent Powers (all sovereign nations) 12

13 The Constitutional Basis for American Federalism Powers of the state governments Tenth Amendment Reserved powers Regulate commerce within borders, state militia, laws governing crime, marriage, contracts, education Police power All powers not delegated to national government 13

14 The Constitutional Basis for American Federalism Concurrent powers 14 Not specified in Constitution Taxation Borrow funds Establish courts Charter banks and corporations Police power (to a degree)

15 The Constitutional Basis for American Federalism Prohibited powers Any power not granted expressly or implicitly by Constitution is prohibited to federal government States also denied certain powers 15

16 The Constitutional Basis for American Federalism Supremacy Clause (Article VI, Clause 2) National government actions are supreme Conflicts between national and state government will be resolved in favor of national government McCulloch v. Maryland 16

17 The Constitutional Basis for American Federalism Vertical checks and balances Goal to prevent national government from becoming too powerful 17 Each branch checks others Vertical checks are between state and national government

18 The Constitutional Basis for American Federalism Interstate Relations Article IV attempts to resolve potential problems between states Full faith and credit clause states must honor actions of other states Privileges and immunities Interstate extradition Interstate compacts 18

19 Defining Constitutional Powers The Early Years McCulloch v. Maryland (1819) Marshall: [W]e must never forget it is a constitution we are expounding. Implied powers and national supremacy Gibbons v. Ogden (1824) Commerce clause Commerce power of national government could be exercised in state jurisdictions Regulating commerce is a national power 19

20 States Rights and the Resort to Civil War The shift back to states rights Jacksonian era ( ) Regulation of commerce major issue Tariffs generally benefitted northern industries 20 South Carolina withdraws from Union (1860) Six states form Confederate States of America (1861)

21 President Lincoln Meets With Generals and Troops 21

22 States Rights and the Resort to Civil War War and the growth of the national government The war effort (billion dollar budget, income tax) Civil War Amendments expand national government authority 13 th : Abolishment of slavery 14 th : Defined who was a U.S. citizen 15 th : Attempted to provide rights to freed slaves, including right to vote 22

23 Voting for the First Time 23

24 The Continuing Dispute Over the Division of Power Dual federalism and the retreat of national authority Layer cake federalism A return to normal conditions (for some) Role of the Supreme Court Defends state s rights 24 Limits national government power

25 The Continuing Dispute Over the Division of Power 25 The New Deal and cooperative federalism End of dual federalism Expanded role for national government Cooperation between national government and states Marble cake federalism Copyright 2014 Cengage Learning

26 The Continuing Dispute Over the Division of Power Methods of implementing cooperative federalism Categorical grants Formula grants Program grants Block grants Federal mandates 26

27 The Politics of Federalism Federal system not always most effective Hurricane Katrina What has national authority accomplished? Economic relief New Deal and Social Security Civil rights and war on poverty Child labor laws Why should states favor the status quo? 27

28 The Politics of Federalism Federalism becomes a partisan issue The New Federalism: Republicans and devolution Conversion of categorical grants to block grants Revenue sharing Federalism in 21 st Century Important to conservative ideology But some liberal policy innovations at state level 28

29 Federalism and the Supreme Court Today Reigning in the commerce power 29 United States v. Lopez United States v. Morrison Affordable Healthcare Act State sovereignty and the Eleventh Amendment Tenth Amendment issues New York v. United States Printz v. United States

30 Federalism and the Supreme Court Today Other federalism cases Mixed messages by Supreme Court on medical marijuana and death with dignity laws Immigration policy: state or federal issue? 30

31 Status of Arizona-inspired Legislation Passed in

32 State s Rights 32