Lesson 4L - Chapter 5 Federalism 3 Structural Models of...

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Unformatted text preview: Chapter 5 Federalism 3 Structural Models of Gov’t • Unitary System – The national gov’t runs the show. – “Local gov’ts” exist for the convenience and at the whim of the national gov’t. – E.g., France, US state gov’ts • Confederal System – A loose association of independent states. – Makes decision on matters of common concern. • Outside this, national gov’t has no direct authority over the states. – E.g., The European Union 3 Structural Models of Gov’t • Federal System – Power is divided between the national and state levels of government. • Borne out of more compromise, to ratify the Constitution – Preserves some state sovereignty. • Brings gov’t closer to the people. Federalism Federalism in the Constitution • Inherent Powers – The inherent right to self‐preservation and survival. • Enumerated Powers – Clear, specific, exclusive powers granted to the national gov’t by the Constitution. • E.g., power to coin money (Art. 1, § 8, cl. 5). • The Elastic Clause (Art. 1, § 8, cl. 18) – Congress has the power “to make all Laws which shall be necessary and proper into Execution the foregoing Powers…” – Write: Congress can do anything necessary and proper to function. Federalism Federalism in the Constitution • Implied Powers – Derived from enumerated powers. • Or, a reinterpretation of what the Constitution says • Concurrent Powers – Where powers are held jointly by national and state gov’ts. • Supremacy Clause – “This Constitution… shall be the supreme Law of the Land.” – When state laws conflict with Constitution and federal laws , the state laws are preempted. Federalism Federalism in the Constitution • Reserved Rights. – Stems from 10th Amendment. *Preserved some state autonomy – Rights given to the States if… • Not given to the national gov’t, AND • Not forbidden to the states. • Police Powers – In the US, lies with the states. – Power to regulate health, morals, safety and welfare of the people. Federalism Federalism in the Constitution • Vertical checks and balances – When the federal gov’t and state gov’ts check/balance each other. • Interstate Relations – There are clauses that dictate what states are required to do in regards with each others’ sovereignty. – Interstate Compacts – pseudo‐treaties between states, with Congressional consent. Important Important court cases • McCulloch v. Maryland (1819) – Main results • To carry out their power to coin and regulate money (enumerated power), the federal government had the implied power to set up a National bank to do it. • The state of MD could not interfere with functions of the federal government (by imposing a tax). Important Important court cases • Gibbons v. Ogden (1824) – Main results • Interstate “commerce” consisted of anything relating to any business dealings over state lines. • A federal license preempted a states’ exclusive license, and prohibition from their waterways. • Both McCulloch and Gibbons expanded the federal gov’t’s power. Establishing Establishing National Power • A look at Thomas Jefferson. – Severely Anti‐Federalist. • Advocated states’ rights; feared tyranny. • Did not believe in implied powers, only enumerated. – The Constitution should NOT be reinterpreted – Was opposed to decision in McCulloch. – The Louisiana Purchase. • No enumerated power to purchase land. – Nowhere in the Constitution does it say the President can buy land. • But was forced to use the Elastic Clause to complete transaction for the good of the country. • From worldbook.com Anti Anti‐Federalist Movement. • Nullification. – Right of states to invalidate an act of Congress within their borders. • S.C. tried to void a federal tariff. • Right of secession. – Right of states to withdraw from the Union. • State autonomy – a state ought to decide what’s best for its people. • S.C. was the first to repeal its ratification of the US Constitution. – Rationale = if states could voluntarily join the Union, then they can choose to leave the Union. Federalism Federalism Taking Hold, post‐Civil War • A further expansion of federal power (or retraction of state power) resulted. – Wars = government expansion and economic growth. – Civil War Amendments. • 13th – Completely abolished the institution of slavery. • 14th – Gave the federal gov’t the power to protect individuals • 15th – Granted former slaves the right to vote in all elections, federal and state. Federalism Federalism Taking Hold, post‐WWII • The Commerce Clause – Art. I, §8, cl.3 – “The Congress shall have power… To regulate commerce… among the several states…” • Traditionally, the Supreme Court interpreted the clause narrowly, to encompass obvious definitions of commerce. • The FDR‐appointed Court broadened interpretation enough to impose equality during Civil Rights Era. Division Division of Power • How power was shared/divided has changed over time. – Phase I – Dual federalism • Prevailing model post‐Civil War. • Federal and state powers are strictly separated (like a layer cake) – US Supreme Court was “hands‐off” during most of the Reconstruction. » Supreme Court was still reeling from their decision in Dred Scott. – The federal gov’t was barred from regulating matters considered purely local. » E.g., Hoover believed that the severe unemployment and poverty problems were local issues, not national. Division Division of Power • How power was shared/divided has changed over time. – Phase II – Cooperative federalism • Started during the “New Deal” era under FDR. • Federal gov ’t participation and intervention was seen as necessary to stabilize the country. – E.g., exercising Congress’s authority under the Commerce Clause. • A resistant Supreme Court was “put in its place” by FDR’s threatened court‐packing plan. • During the New Deal era, the national and state governments cooperated to fix the nation’s woes. – Like a picket fence. Implementing Implementing Federalism • $$$ (aka Grants) – Most of the cooperation comes in the form of: • The federal gov ’t providing funds. • The state gov’ts administering said funds. Implementing Implementing Federalism • Types of Funding – Categorical Grants • Federal grants to state/local gov ’ts for specific programs/projects. • Formula Grants – Uses a formula to allocate funds to states, using variables. • Program Grants – States apply for the grants, sometimes compete. – Sometimes subject to federal prerequisites. Implementing Implementing Federalism • Types of Funding – Block Grants • Federal funds given to states for general areas of use. – Federal Mandates • A requirement that state/local gov ’ts must comply with. – Sometimes without any funding provided. Politics Politics and Federalism • Federal Pressure vs. State Reaction – Regionalism. • Different interests and beliefs in different areas. • Creates friction and makes national government less efficient. Politics Politics and Federalism • Federal Pressure vs. State Reaction – Regionalism. • E.g., North vs. South. – Obvious conflict in early history between Northern and Southern states. Politics Politics and Federalism • Federal Pressure vs. State Reaction – Regionalism. • E.g., Frostbelt vs. Sunbelt. – Would Florida support a bill funding the purchase of snow plows? – Would Minnesota support an environmental bill to protect alligators? Politics Politics and Federalism • Federal Pressure vs. State Reaction – Regionalism. • E.g., Conflict between states. – With same‐sex marriages now allowed in California and Massachusetts, do the other 48 have to recognize those marriages, even if it’s illegal in their states? Politics Politics and Federalism • Federal Pressure vs. State Reaction – Regionalism. • E.g., Red states vs. Blue states. – How does the federal government make everyone from California and New York to Indiana and Mississippi happy? New New Federalism • Move towards devolution – Or, transfer of power from federal gov’t to states. • Giving states more influence and independence, especially over federal funds. • Limits national authority. – Revenue Sharing. • Federal money to states with no/little strings attached. – More use of block grants. Federalism Federalism Today • Supreme Court finally rules against Congress’s use of the Commerce Clause. – After over 60 years. • Court also reinforces states’ immunity under the 11th Amendment. – Even if cause of action is based on a federal act. • Court also reiterates states’ sovereignty under the 10th Amendment. – States can’t be forced (directly) to administer or enforce a federal program. Federalism Federalism Today • But the Court has waffled sometimes between giving states more independence and allowing the feds to do what they want. – Ruled against California’s medicinal marijuana law. – Ruled in favor of Oregon’s assisted suicide law. – Allowed broad state eminent domain powers. • I.e., taking private property and giving it over to other private entities. • So much so that Congress is considering acting to stop it. ...
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