Lecture #6 American Government Federalism 2

1. PROFESSOR ANAND SHASTRI
AMERICAN GOVERNMENT
FALL 2015

2. PART 2A) FEDERALISM VS. OTHER SYSTEMS/GOV’T STYLES
PART 2B) THE HISTORY OF FEDERALISM
PART 2C) THE ADVANTAGES & DISADVANTAGES OF FEDERALISM
PART 2D) FEDERALISM & CITIZENS’ ACTIVISM

3. PART 2A) FEDERALISM VS.
OTHER SYSTEMS & STYLE OF
GOV’T

4. FEDERALISM VS. OTHER SYSTEMS/STYLES
OF GOVERNMENT
• UNITARY SYSTEM OF GOVERNMENT
• CONFEDERAL SYSTEM OF GOVERNMENT
• FEDERALISM IN A PRESIDENTIAL SYSTEM?
• FEDERALISM IN A PARLIAMENTERY SYSTEM?

5. FEDERAL VS. STATE/LOCAL POWERS
NATIONAL PG. 106 (FIGURE 4.2)
1) DECLARE WAR, RAISE & MAINTAIN ARMIES/NAVIES
2) COIN MONEY
3) REGULATE COMMERCE W/ FOREIGN NATIONS & AMONG STATES
4) CONDUCT FOREIGN AFFAIRS
STATES PG. 106 (FIGURE 4.2)
1) CONDUCT ELECTIONS & DETERMINE VOTER QUALIFICATIONS
2) REGULATE INTRASTATE COMMERCE & ESTABLISH LOCAL GOV’TS.
3) PROVIDE FOR PUBLIC HEALTH, SAFETY, AND MORALE

6. FEDERAL-STATE PARTNERS
CONCURRENT POWERS PG. 106 (FIGURE 4.2)
1) BORROW & SPEND MONEY FOR GENERAL WELFARE, COLLECT TAXES
2) ESTABLISH COURTS AND HIGHWAY
3) PASS AND ENFORCE LAWS
NAT’L GOV’T INFLUENCES STATES (PG. 115)
1) CATEGORICAL GRANTS
2) BLOCK GRANTS
3) UNFUNDED MANDATES
4) NO FEDERAL INFLUENCE

7. PART 2B) THE HISTORY OF
FEDERALISM

8. STATE-CENTERED FEDERALISM (1789-1819)
EXCEPT FOR POLICY AREAS GIVEN TO NATIONAL
GOVERNMENT THAT ARE CLEARLY INDENTIFIED IN ARTICLE 1,
STATES HAD FULL SOVEREIGNTY
PARTLY DONE BECAUSE OF NEEDING RATIFICATION BY STATES

9. NATIONAL SUPREMACY PERIOD (1819-1837)
ADAMS APPOINTED AS CHIEF JUSTICE OF SCOTUS FELLOW NATIONALIST
JOHN MARSHALL
NATIONAL SUPREMACY DOCTRINE (MCCULLOUGH V. MARYLAND)
“PROTECT NATIONAL POWER AGAINST STATE ENCROACHMENT”
GIBBONS V. OGDEN
JACKSON ON BANKS AS OPPOSED TO PROTECTIVE TARIFFS

10. DUAL FEDERALISM (1837-1937)
SCOTUS IGNORED MCCULLOUGH, STOPPED NATL REGULATORY
ACTION
DUAL FEDERALISM (PG. 106): STATE AUTHORITY LIMITS
CONGRESS
SCOTUS NULLIFIED SERIES OF NEW DEAL LAWS
DUAL FEDERALISM PREVENTED CONGRESS FROM ACTING ON
DEPRESSION

11. COOPERATIVE FEDERALISM (1937-1990) #1
FDR COURT-PACKING SHIFTED COURTS TO ALLOW GROWTH IN NAT’L.
GOV’T. POWER
POST NEW-DEAL SHIFT FROM LAYER-CAKE FEDERALISM TO MARBLE-
CAKE FEDERALISM (DUAL TO COOPERATIVE)
COOPERATIVE FEDERALISM (PG. 109): FEDERAL SYSTEM NATIONAL AND
STATE GOVERNMENT SHARE POWERS
DIFFERENT THAN NATIONAL SUPERIORITY

12. COOPERATIVE FEDERALISM (1937-1990) #2
WHENEVER CONCURRENT LEGISLATIVE POWER IS EXERCISED,
CONGRESS CAN
1) PREEMPT THE STATES ALTOGETHER & ASSERT EXCLUSIVE CONTROL
OVER THE SUBJECT MATTER
2) LEAVE THE STATES TO ACT ON THEIR OWN
3) PROVIDE THAT THE OPERATION OF ITS OWN LAW DEPENDS ON OR IS
QUALIFIED BY EXISTING STATE LAWS.
REAGAN DEVOLUTION: VOLUNTARY POWER FROM TRANSFER FROM
NATIONAL TO STATE/LOCAL

13. THE “NEW FEDERALISM” (1990-PRESENT)
MORE SHIFT TOWARDS STATES RIGHTS
CONGRESS UNLIMITED AUTHORITY ON INTERSTATE COMMERCE CURBED
LATER HOUSE GOP MADE SLOW DEVOLUTION
IN WAKE OF TERRORIST ATTACK ON 9/11, AMERICANS BECAME
SUPPORTIVE OF GOVERNMENT, BUT NOW DISLIKE

14. PART 2C) THE ADVANTAGES &
DISADVANTAGES OF
FEDERALISM

15. THE ADVANTAGES OF FEDERALISM #1
STRENGTHENS LIBERTY THROUGH POWER DIVISIONS
ACCOMMODATES DIVERSITY
ENCOURAGES LABORATORIES OF DEMOCRACY

16. THE ADVANTAGES OF FEDERALISM #2
PROVIDES INCREASED ACCESS TO GOVERNMENT
FORCES STATES TO BE ACTIVE & COMPETE
ALLOWS STUDYING POLITICS MORE DATA & DETAIL

17. THE DISADVANTAGES OF FEDERALISM #1
FISCAL DISPARITIES AMONGST STATES/LOCAL
“RACE TO THE BOTTOM”
PROCESS IS USED OPPORTUNISTICLY TO SHIELD POLICY VIEWS

18. THE DISADVANTAGES OF FEDERALISM #2
LACK OF ACCOUNTABILITY
DIFFICULT TO MAKE AND ENFORCE LAWS
MAKES UNITY OF AMERICANS PROBLEMATIC

19. PART 2D) FEDERALISM &
CITIZENS’ ACTIVISM

20. FEDERALISM TO CITIZEN ACTIONS
1) CONSTITUTION CREATES FEDERAL SYSTEM LEADS TO
PARTICIPATION IN LOWER LEVELS
INITIATIVE
REFERENDUM
RECALL ELECTION
2) CONSTITUTION PROVIDES STABILITY