Federalism and the U.S. Constitution

1. POL 140
Fall 2014

4. Congress:
Legislate
President:
Execute
Judiciary:
Interpret

10.  No power to draft
soldiers or pay for military
 No power to regulate
commerce
 No power to tax

12.  Strengthen national
government
 Shifted Convention
from amending
Articles to drafting
new Constitution

15.  Same people and territory included at state
and federal levels of government
 Constitution protects each level of
government from encroachment
 Each is in position to exert degree of leverage
over the other

18.  Permits diversity, diffusion of power
 Local governments can handle local problems
 More ways for political participation
 Protects individual rights
 Fosters experimentation and innovation
 Large country with diverse population

19.  National unity difficult
 State governments may resist national policies
 Economic inequality and racial discrimination
 Law enforcement and justice uneven
 Smaller units may lack expertise and money

21.  “Layer-Cake”
 National and state
governments have
separate influence
 Founding Era to first
third of 20th century
(~1930s)

22.  “Marble-Cake”
 National and state
government both
work for Americans
 Dominant since FDR
and New Deal (1930s)

24.  Grants specific powers
to national government
 Limits on powers
granted to federal
government and states
 Lays out relationships
among states and
between states and
federal government

26.  Article I, Section 8
 Enumerated Powers
 Examples:
 Coin money
 Regulate interstate and
foreign commerce
 Tax imports and exports
 Make treaties
 Declare war

27.  Known as “elastic clause”
 Congress does NOT get authority to do
whatever it wants
 Grants Congress power to pass laws “which
shall be necessary and proper for carrying
into execution the Foregoing powers”

28.  10th Amendment
 Reserved Powers
 “Police Power”
 States may regulate
behavior and enforce
order for general
welfare, health, safety,
and morals of citizens

29.  Guarantee Clause (Article IV, Section 4)
 “The United States shall guarantee to every
state in this union a republican form of
government, and shall protect each of them
against invasion; and on application of the
legislature, or of the executive (when the legislature
cannot be convened) against domestic violence.”

30.  Concurrent Powers
 Taxing
 Borrowing and
Spending Money
 Establishing Court
Systems
 Regulating Elections

33.  “Writ of Habeas Corpus”
 Latin for “have you the body”
 Individuals convicted of a crime have right to
go before judge and answer charges

34.  States cannot enter treaties or alliances
 14th and 15thAmendments to Constitution
 Fourteenth: Due Pr0cess Clause
 Fifteenth: Voting Rights

36. RELATIONSHIP BETWEEN
NATION AND STATES
 Supremacy Clause
 Article VI, Clause 2
 “This Constitution, and the
Laws of the United States…
shall be the supreme law
of the land…”
RELATIONSHIP
BETWEEN STATES
 Full Faith and Credit Clause
 Privileges & Immunities Clause
 “The Congress shall have power to
make all laws which shall be
necessary and proper to secure to the
citizens of each state all privileges
and immunities of citizens in the
several states...”

40. Did Congress have power to charter a national bank?

42. ROGER TANEY DRED SCOTT

47. Federalism in the White House

48.  Johnson: Categorical Grants
 Federal money marked for certain categories

49. Federalism in the White House

50.  Johnson: Categorical Grants
 Money marked for certain categories
 Nixon: General Revenue Sharing
 Money spent however states want

51. Federalism in the White House

52.  Johnson: Categorical Grants
 Money marked for certain categories
 Nixon: General Revenue Sharing
 Money spent however states want
 Reagan: Block Grants
 Local areas decide how to spend money

53. Federalism in the White House

54.  Johnson: Categorical Grants
 Money marked for certain categories
 Nixon: General Revenue Sharing
 Money spent however states want
 Reagan: Block Grants
 Local areas decide how to spend money
 Clinton: Unfunded Mandates
 Legal requirements Congress imposes on states
 States forced to bow to federal government