Unformatted text preview: Federalism: Forging a Nation Chapter 3 2007 Susan Roomberg, SKR Associates 1 Federalism: National and State Sovereignty The argument for federalism Governmental sovereignty divided into two levels: national and state
Protects liberty Moderates government power by sharing Strengthens the union 2007 Susan Roomberg, SKR Associates 2 Divided Authority Central government handles common problems shared by the states States have the power to address more local issues Some powers used by both 2007 Susan Roomberg, SKR Associates 3 Federalism as a Governing System 2007 Susan Roomberg, SKR Associates 4 Three Systems of Government Unitary central government is sovereign; local governments only have powers granted to them by the central government Confederal state governments are sovereign; central government only has powers given it by the states Federal power is divided between the central government and its states (shared sovereignty); relationship defined by a written constitution 2007 Susan Roomberg, SKR Associates 5 Three Systems of Government 2007 Susan Roomberg, SKR Associates 6 The Powers of the Nation The U.S. Constitution lays out the authority of the national government and of the states. Enumerated Powers Implied Powers Concurrent Powers Powers Reserved to the States 2007 Susan Roomberg, SKR Associates 7 Expressed or Enumerated Powers Basically revolve around regulating the economy, interstate trade, establishing currency, and providing for national defense Woman posed with stack of packages of $1 silver certificates at the Bureau of Engraving and Printing, Washington, D.C. [between ca. 1950 and ca. 1969] Prints and Photographs Division (Library of Congress) 8 2007 Susan Roomberg, SKR Associates Supremacy Clause The Constitution, federal laws, and federal regulations are superior to all conflicting state and local laws. States cannot use their reserved or concurrent powers to thwart national policies. 2007 Susan Roomberg, SKR Associates 9 Related Links Debate: Federal government should d Make it Local: Death Penalty Images: Bonus Army Shacks Images: Unemployment Line 1938 2007 Susan Roomberg, SKR Associates 10 Implied Powers The Framers wanted to ensure the government could adapt to change. So, they included the "Necessary and Proper Clause" (a.k.a. the "Elastic Clause") 2007 Susan Roomberg, SKR Associates 11 The Powers of the States Local issues like elections, police powers and intrastate commerce The 10th Amendment also grants states all powers that are not prohibited to the states or limited to the national government
12 2007 Susan Roomberg, SKR Associates Federalism in Historical Perspective Since the very beginning, there has been conflict regarding the balance between federal and states' rights. As a result, our concept of federalism has evolved. 2007 Susan Roomberg, SKR Associates 13 An Indestructible Union (1789-1865) At first, the issue was the survival of the Union. Much of the battle was fought in Supreme Court decisions. 2007 Susan Roomberg, SKR Associates 14 The Nationalist View McCulloch v. Maryland (1819) Based on implied powers, U.S. can establish a bank States can't tax that bank Gibbons v. Ogden (1824) U.S. has the right to regulate interstate commerce 2007 Susan Roomberg, SKR Associates 15 The States'-Rights View The Dred Scott Decision (1857) Slaves are property and have no judicial rights. As property, slaves can be taken anywhere and U.S. government can't make laws outlawing slavery Dred Scott 2007 Susan Roomberg, SKR Associates 16 An Indestructible Union (1789-1865) Another battle was an argument made by John C. Calhoun of South Carolina Proposed the "doctrine of nullification."
John C. Calhoun 2007 Susan Roomberg, SKR Associates 17 Dual Federalism and Laissez-Faire Capitalism (1865-1937) Separation of national from state power is both possible and desirable. Again, much of the battle was decided in Supreme Court decisions. The questions: Who regulates big business? Who regulates how former slaves are treated? 2007 Susan Roomberg, SKR Associates 18 The Fourteenth Amendment and State Discretion The Fourteenth Amendment was supposed to give slaves citizenship rights and equality. Plessy v. Ferguson (1896) established the "separate but equal" doctrine that led to segregation of races. 2007 Susan Roomberg, SKR Associates 19 Blacks and whites drank from separate water fountains and coolers, as in this Oklahoma City streetcar station in 1939
CREDIT: Lee, Russell. "Negro Drinking at 'Colored' Water Cooler in Streetcar Terminal, Oklahoma City, Oklahoma.' 1939. America from the Great Depression to World War II: Photographs from the FSA and OWI, ca. 1935-1945, Library of Congress. 2007 Susan Roomberg, SKR Associates 20 Judicial Protection of Business Supreme Court restricted national power to regulate economy with narrow interpretations of the Commerce Clause "Commerce" defined as transportation only Corporations were declared "persons" Conflicting rulings meant neither state nor federal government could regulate labor practices Children working at a factory. Supreme Court rulings forbade Congress to regulate child labor. Library of Congress, Prints & Photographs Division 82.
21 2007 Susan Roomberg, SKR Associates National Authority Prevails The Great Depression changed the way the country viewed federalism. Initially, Supreme Court had ruled New Deal programs unconstitutional Justice Owen Roberts later switched sides, leading to 5-4 decisions supportive of Congress' ability to expand its view of the Commerce Clause. Industrial economy a national issue Justice Owen J. Roberts Source:
The Collection of the Supreme Court of the United States (artist: Alfred Jonniaux)
22 2007 Susan Roomberg, SKR Associates Toward National Citizenship Changes in attitudes towards federalism matched changes in attitudes about civil rights. Equal civil rights across all states Expanded ideas regarding fair trials Differences remain in how states treat some issues or services. For example, the death penalty (link to map). 2007 Susan Roomberg, SKR Associates 23 Federalism Today Two trends: Expansion of national authority began in 1930s Devolution, or contraction of national authority in some areas, began more recently Chart from " THE ADMINISTRATION AGAIN PROPOSES TO SHIFT , " a report by the Center on Budget and Policy Priorities 2007 Susan Roomberg, SKR Associates 24 Interdependency and Intergovernmental Relations Cooperative Federalism: federal, state and local governments working together to solve problems Programs are jointly funded jointly administered jointly defined or determined 2007 Susan Roomberg, SKR Associates 25 Government Revenues and Intergovernmental Relations Federal grants help fund services provided by state and local governments Interdependency of American society Superior taxing capacity of national government Expands Washington's influence on policy decisions but also benefits state and local governments 2007 Susan Roomberg, SKR Associates 26 Federal, State and Local Shares of Government Tax Revenue
3 8% 62 % S t a t e & lo c a l F e de ra l Figure 3-2. The Federal government raises more tax revenues than all state and local governments combined. Source: U.S. Department of Commerce, 2006. 2007 Susan Roomberg, SKR Associates 27 Federal Grants to State and Local Governments 2007 Susan Roomberg, SKR Associates 28 Federal Grants-in-aid Categorical Grants federal grants to state or local governments for specific programs or projects Block Grants funds given to state and local governments for general functional areas, not specific purposes Matching Funds money that a state or local government must provide to "match" federal funds 2007 Susan Roomberg, SKR Associates 29 Federal Grants as a Percentage of State Revenue 2007 Susan Roomberg, SKR Associates 30 A New Federalism: Devolution Devolution passing down of authority for policies and programs from the federal government to state and/or local governments Partially due to budgetary pressures and public opinion
31 2007 Susan Roomberg, SKR Associates The Republican Revolution Republican takeover of Congress in 1995 led to devolution and some reduction in unfunded mandates to state and local government. Welfare Reform Act of 1996 2007 Susan Roomberg, SKR Associates 32 In 1995, the Republican Party, under the leadership of House Speaker Newt Gingrich and Senate Majority Leader Robert Dole, gained a majority in both the House and the Senate for the first time in forty years. GOP lawmakers called for a "Republican revolution" and pushed for many changes. Political cartoon by Pat Oliphant, from the Library of Congress collections. 2007 Susan Roomberg, SKR Associates 33 Devolution, Judicial Style Since the 1930s, the Supreme Court has given Congress broad discretion relative to state and local governments Garcia v. San Antonio Authority (1985) More recent rulings have given some power back to the states United States v. Lopez (1995) Congress still has substantial commerce and spending powers 2007 Susan Roomberg, SKR Associates 34 The Public's Influence Public opinion has a strong effect on the ebb and flow of Federalism In Great Depression, states unable to respond adequately, so people turned to the federal government The "New Deal" Link to video about FDR After WWII, income and education levels rose and people began to expect more out of the government The "Great Society" Link to video about LBJ 2007 Susan Roomberg, SKR Associates 35 ...
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