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Chapter 3 Federalism
BackgroundThere were 3 mainperspectives among thedelegates to thePhiladelphia Meeting    Unitary Government    Confederati...
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, ...
Article VI declares the Constitution is the “supreme law of the land” and that the national governmentprevails in the case...
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 PresidentG...
10th Amendment“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, arer...
Nature of      Federalism   CONFLICT BETWEEN“Necessary & Proper” Clause     (Implied Powers)            vs.               ...
The powers granted to the states via the 10thAmendment are known as police or reserve powers. They include the power to le...
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  Enterin...
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 an...
Interstate CompactsInterstate Compacts areContracts between statesthat carry the force of lawMust have approval ofCongress...
Evolution of FederalismIt is important to understand that the applicationof federalism is determined by the courts andulti...
Evolution of FederalismThe U.S. has gone through 5 Eras:Rise of Nat’l Power (Marshall Court 1801-35)Dual Federalism (Taney...
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 ...
U.S. SupremeCourt’s Decision  2 QUESTIONSDoes Congress have the  power to charter a         bank?   IMPLIED POWERIf so, co...
Doctrine of  Implied Powers Supreme Court rules that it is implied that Congress can create a bank. The   power is derived...
Gibbons v. Ogden        (1824)  1. New York & National Govt are granting permits to use the Hudson River to transports goo...
RulingWhat is the scope of Congress’s power to regulateinterstate commerce? (Need a working definition ofcommerce to answer...
The Era of Dual         Federalism                  1835-1863  Taney Court will scale back definition ofinterstate trade, t...
What is Dual Federalism?Belief that the nationalgovernment should notexceed itsconstitutionallyenumerated powers.And, as s...
The Question of SlaveryDred Scott v. Sandford (1857)  Lived in Wisconsin at one time. This is free state under the  Missou...
Confusion from the CourtImpact of Plessy v. Ferguson (1896)     Many decisions upheld legislation for general welfare in  ...
Setting the stage....For a stronger national government              1895
16th Amendment &17th Amendment            (1913)
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 ...
Cooperative FederalismWhat isCooperativeFederalism? Intertwined relationship between national, state and local governments...
Layer Cake=Clear   Cooperative Federalism   boundaries                    Marble Cake=Elastic                        bound...
Federal GrantsThe shift in power between thenational and stategovernments was mostpronounced in the area offederal governm...
Federal GrantsMorrill Land Grant Act of 1862New Deal/Public WorksContinuation of categorical grantsthrough 1960’s but with...
1970’sContinued Use of CategoricalGrants and Federal Mandates  A federal mandate is a  national law that requires  state/l...
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 f...
Bill ClintonClinton was more favorable of federal programsbut had to work with a Republican Congress  Contract with Americ...
Federalism & the Bush   Administration
Bush AdministrationNew Era of Preemption  “New” because Republicans  tend to support states’ rights/powerPreemption-allowi...
The Supreme Court  A Return to State Rights?
Rehnquist Court (1986-2005)Webster v. Reproductive Health Services (1989)U.S. v. Lopez (1995)Printz v. U.S. (1997)U.S. v. ...
AdvantagesAdvantages: management of social/politicalconflict (problems differ)Encourages innovation & Diminishes riskEasier...
DisadvantagesCoordination of efforts....duplicationLocal biases can damage national interestUndue delays and obstructionJu...
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Keynote 3

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  • Transcript of "Keynote 3"

    1. 1. Chapter 3 Federalism
    2. 2. BackgroundThere were 3 mainperspectives among thedelegates to thePhiladelphia Meeting Unitary Government Confederation Federal Government
    3. 3. The Powers of National & State Governments What Does the Constitution State?
    4. 4. 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
    5. 5. 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
    6. 6. State Powers (Reserve/Police Powers) are not listed in the Constitution...Why?
    7. 7. 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
    8. 8. 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.”
    9. 9. Nature of Federalism CONFLICT BETWEEN“Necessary & Proper” Clause (Implied Powers) vs. Debate Over What is NOT Stated 10th Amendment
    10. 10. 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.
    11. 11. Concurrent PowersPowers given to bothnational and stategovernmentsPower to taxPower to borrowmoneyPower to establishcourts
    12. 12. 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)
    13. 13. Relations Among the StatesFull Faith & Credit, Privileges and Immunities and Extradition
    14. 14. 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
    15. 15. Interstate CompactsInterstate Compacts areContracts between statesthat carry the force of lawMust have approval ofCongressMore than 200 exist today Driver’s License Compact
    16. 16. 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.
    17. 17. 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)
    18. 18. Federalism & the Marshall Court McCulloch v. Maryland (1819) Gibbons v. Ogden (1824)THE RISE OF NATIONAL POWER
    19. 19. 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
    20. 20. 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
    21. 21. 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
    22. 22. 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
    23. 23. 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)
    24. 24. The Era of Dual Federalism 1835-1863 Taney Court will scale back definition ofinterstate trade, therefore, decreasing national power in the area of commerce
    25. 25. 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.
    26. 26. 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
    27. 27. 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
    28. 28. Setting the stage....For a stronger national government 1895
    29. 29. 16th Amendment &17th Amendment (1913)
    30. 30. Cooperative Federalism The New Deal & Growth of National Government
    31. 31. 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.
    32. 32. Cooperative FederalismWhat isCooperativeFederalism? Intertwined relationship between national, state and local governments where states are secondary but cooperative with the national government
    33. 33. Layer Cake=Clear Cooperative Federalism boundaries Marble Cake=Elastic boundaries Dual Federalism
    34. 34. 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
    35. 35. 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”
    36. 36. 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
    37. 37. New FederalismBipartisan Effort to Return Power to the States
    38. 38. 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.
    39. 39. 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
    40. 40. Federalism & the Bush Administration
    41. 41. 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
    42. 42. The Supreme Court A Return to State Rights?
    43. 43. 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)
    44. 44. AdvantagesAdvantages: management of social/politicalconflict (problems differ)Encourages innovation & Diminishes riskEasier access.....more participationMore protection of individual freedomAllows greater diversity of opinion in publicpolicy
    45. 45. 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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