BackgroundThere were 3 mainperspectives among thedelegates to thePhiladelphia Meeting Unitary Government Confederation Federal Government
The Powers of National & State Governments What Does the Constitution State?
Enumerated Powers (Article I, Sec. 8) Power to tax, borrow, spend, regulate interstate commerce, coin money, declare war, raise & maintain an army, conduct foreign affairs and create a national court system Necessary & Proper Clause Implied Powers
Article VI declares the Constitution is the “supreme law of the land” and that the national governmentprevails in the case of a conﬂict between national & state government
State Powers (Reserve/Police Powers) are not listed in the Constitution...Why?
State Powers“Time, Place and Manner” for ElectionsGuarantees 2 SenatorsStates Must Appoint Electors to Vote for PresidentGuarantees Republican Form of GovernmentGuarantees States Protection from DomesticRebellion or Foreign AttackRatify proposed amendments to U.S. Constitution
10th Amendment“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, arereserved for the States respectively, or to the people.”
Nature of Federalism CONFLICT BETWEEN“Necessary & Proper” Clause (Implied Powers) vs. Debate Over What is NOT Stated 10th Amendment
The powers granted to the states via the 10thAmendment are known as police or reserve powers. They include the power to legislate for the public health, safety, and morals of their citizens.
Concurrent PowersPowers given to bothnational and stategovernmentsPower to taxPower to borrowmoneyPower to establishcourts
Powers DeniedStates: Entering into treaties with foreign nations Coin money Impairing obligations of contracts Entering compacts without Congressional approvalNational: Congress may not discriminate against a state in regulating commerce Congress cannot tax exports Congress cannot ban slave trade (1808) Deny writ of habeas corpus, pass law of attainder or ex post facto law (both)
Relations Among the StatesFull Faith & Credit, Privileges and Immunities and Extradition
Relations Among StatesSupreme Court has jurisdictionover cases between statesFull Faith & Credit “Public Acts, Records and Judicial Proceedings”Privileges & Immunities Rights of Citizens from Other StatesExtradition
Interstate CompactsInterstate Compacts areContracts between statesthat carry the force of lawMust have approval ofCongressMore than 200 exist today Driver’s License Compact
Evolution of FederalismIt is important to understand that the applicationof federalism is determined by the courts andultimately the Supreme Court. The federalcourts interpret the U.S. Constitution. If aquestion arises regarding which level ofgovernment should exercise a certain right, it isthe courts that make that determination. Thus,the courts set the parameters within whichfederalism will operate. The Supreme Court isthe “umpire” of the federal system.
Evolution of FederalismThe U.S. has gone through 5 Eras:Rise of Nat’l Power (Marshall Court 1801-35)Dual Federalism (Taney Court 1835-63)Post Civil War Confusion (1863-1930)Cooperative Federalism (1930-1980)New Federalism (Began in 1980)
Federalism & the Marshall Court McCulloch v. Maryland (1819) Gibbons v. Ogden (1824)THE RISE OF NATIONAL POWER
McCulloch v. Maryland (1819)In 1816, Congress chartered Second Bank ofU.S.In 1818, Maryland passed a law that requiredthe bank to buy stamped paper from the state,pay a $15,000 tax or go out of businessMcCulloch, head cashier of the bank, refused topay the taxMaryland court ruled in favor of MarylandMcCulloch appealed to the Supreme Court
U.S. SupremeCourt’s Decision 2 QUESTIONSDoes Congress have the power to charter a bank? IMPLIED POWERIf so, could a state tax it?SUPREMACY CLAUSE
Doctrine of Implied Powers Supreme Court rules that it is implied that Congress can create a bank. The power is derived from enumerated powers to tax, coin money and borrow.Also, state law cannot interfere withfunctioning of the national government
Gibbons v. Ogden (1824) 1. New York & National Govt are granting permits to use the Hudson River to transports goods & people.2. New Jersey & Conn also wants to control shipping in lower Hudson. 3. Congress regulates interstatecommerce but states regulate intrastate commerce
RulingWhat is the scope of Congress’s power to regulateinterstate commerce? (Need a working deﬁnition ofcommerce to answer this.)SC ruled that commerce includes all commercialactivity and has no limits except what is speciﬁcallystated in the ConstitutionNew York’s actions interfered with interstatecommerce and were therefore unconstitutional(violates supremacy clause)
The Era of Dual Federalism 1835-1863 Taney Court will scale back deﬁnition ofinterstate trade, therefore, decreasing national power in the area of commerce
What is Dual Federalism?Belief that the nationalgovernment should notexceed itsconstitutionallyenumerated powers.And, as stated in the10th amendment, allother powers arereserved for the statesor the people.
The Question of SlaveryDred Scott v. Sandford (1857) Lived in Wisconsin at one time. This is free state under the Missouri Compromise.Court ruled that the Missouri Compromise was unconstitutionalbecause Congress lacked the authority to ban slavery.Only the states had this power. Emancipation Proclamation....13th Amendment Ruling scaled back national power in favor of state powerFollowing the Civil War (1863-1930‘s) the court remainedcommitted to dual federalism but their rulings were inconsistent
Confusion from the CourtImpact of Plessy v. Ferguson (1896) Many decisions upheld legislation for general welfare in the area of commerceReinforcement of national government’s power to regulatecommerce Interstate Commerce Act & Sherman Anti-Trust Act Sugar Trust Case
Setting the stage....For a stronger national government 1895
Cooperative Federalism The New Deal & Growth of National Government
The Supreme CourtQuickly after FDR took ofﬁce a series of government agenciesand programs were createdInitially the court ruled some of them unconstitutional becauseCongress was overstepping its commerce authorityBy 1937, Court began to allow Congress to legislate in areasthat affected commerce “in some way” Most New Deal laws and programs were based on commerce powerCongress, backed by the courts, greatly expanded nationalpower in this era. This remained the trend until the ReaganRevolution started in 1980.
Cooperative FederalismWhat isCooperativeFederalism? Intertwined relationship between national, state and local governments where states are secondary but cooperative with the national government
Federal GrantsThe shift in power between thenational and stategovernments was mostpronounced in the area offederal government grantsThere was tremendous growthin federal grants starting withthe New Deal and continuinguntil the 1990’sMoney is a policy-making tool
Federal GrantsMorrill Land Grant Act of 1862New Deal/Public WorksContinuation of categorical grantsthrough 1960’s but with more stringsattached Speciﬁc purpose, detailed conditions & 90% of $$$ provided by federal government“Great Society” & “War on Poverty”
1970’sContinued Use of CategoricalGrants and Federal Mandates A federal mandate is a national law that requires state/local government to comply with federal rules or regulations May be funded or unfunded Clean Air Acts
New FederalismBipartisan Effort to Return Power to the States
Reagan RevolutionRonald Reagan & George H.W. Bush cut aid to states and categorical grants became block grants that had few strings attached. The hope was the states would experiment and become more efﬁcient with federal money.
Bill ClintonClinton was more favorable of federal programsbut had to work with a Republican Congress Contract with America Devolution RevolutionUnfunded Mandates Reform ActPersonal Responsibility & WorkOpportunity Act of 1996 “Welfare to Work” Reform
Bush AdministrationNew Era of Preemption “New” because Republicans tend to support states’ rights/powerPreemption-allowing national government to override state and localgovernment in certain areasBush Administration violated the Republican tenet of states rights/power by supporting laws such as No Child Left Behind (NCLB),Patriot Act and addition of Department of Homeland Security
Rehnquist Court (1986-2005)Webster v. Reproductive Health Services (1989)U.S. v. Lopez (1995)Printz v. U.S. (1997)U.S. v. Morrison (2000)Univ. of Alabama v. Garrett (2001) TN v. Lane (2004) & NV v. Hibbs (2003)Gonzales v. Oregon (2006) Gonzales v. Raich (2005)
AdvantagesAdvantages: management of social/politicalconﬂict (problems differ)Encourages innovation & Diminishes riskEasier access.....more participationMore protection of individual freedomAllows greater diversity of opinion in publicpolicy
DisadvantagesCoordination of efforts....duplicationLocal biases can damage national interestUndue delays and obstructionJustice may be unevenly appliedLocal autonomy can get in the way of nationalunity
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