The Challenges of Modern Federalism
New Orleans, August 2005 New York, September 2001
Federalism is… Ø
A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).
Federalism is… Ø
A system where national and state governments each have defined powers, with some being shared by both and some being denied to both.
Federalism & the Constitution
The Federal Government has implied powers from the necessary & proper clause or “elastic clause” (ex: create a national bank)
The U.S. Constitution is the supreme law of the land (National Supremacy Clause)
The 10th Amendment reserves powers to the states (ex: education, law enforcement, etc.)
The Federal Government has expressed powers specifically granted in the Constitution (tax, regulate commerce, declare war, etc.)
Federalism is…
Federalism & Sovereignty n n n
Unitary System Confederation (Confederal) Federal System ?? What do each mean ??
Federalism & Sovereignty
Why Federalism Matters n
How federal laws are followed, implemented, and administered involves the states. - How fast you can drive on highways - How much you pay in taxes - At what age you can drink - If/when you can get an abortion - If you can get insurance
Historical View of Federalism: What Does it Mean? n
Goal of the Founders: Federalism further separated power… thereby further protecting personal liberty. (Federalist 10)
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Hamilton v. Jefferson
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The 10th Amendment: what is it?
States in the Constitution
Historical Application of Federalism n
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The Marshall Court: McCulloch v. Maryland (1819) Pre-Civil War – Conflict between federal and state government centered around slavery, states rights and whether the states had the power to nullify or reject federal law. ** In sum, the question was not whether the govt. “ought to” but whether the govt. “had the right to.”
Historical Application of Federalism n
Later, the issue most debated centered around the interpretation of the commerce clause (Gibbons v. Ogden, 1824) and the regulation of business. (Sherman AntiTrust, ICC, Wabash, etc..)
Dual Federalism (1789-1932) n
National Govt. has its sphere… state governments have their sphere…
What does dual federalism have in common with a layer cake?
Dual Federalism n
However, as Gibbons v.Ogden shows… separating national from state spheres isn’t always easy.
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Ex: Interstate & Intrastate Commerce ?? Issue?? ?? Debate?? ?? Outcome??
Cooperative Federalism (1933-present) Ø
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National government clearly supreme over the states with broad interpretation of the “necessary and proper clause” (Article I, Sect. 8 of the Constitution, also known as the “Elastic Clause.”) Federal government intervenes or assists in some areas traditionally left to the states (ex: education, health care, civil rights) Began with the New Deal in the 1930s
What does cooperative federalism have in common with a marble cake?
State Soverignty n
So, have the states lost all their power? United States v. Lopez (1995) Printz v. United States (1997)
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Initiative, Referendum, Recall
Federalism In Practice n
“A large part of the welfare system, all of the interstate highway system, virtually every program to improve cities, the largest part of the effort to supply jobs to the unemployed, the entire program to clean up our water are enterprises in which the national government does not govern so much as it seeks to get the states to govern.” ?? How does it get the states to cooperate ??
Federal- State Relations: $$ n
Federal Grants: Categorical v. Block Grants (include “conditions of aid”)
Federal- State Relations: $$ n
“Meeting National Needs” Meaning??
- Govt. begins to decide what is important… fund projects it wants.
Federal- State Relations: $$ n
Influence of lobby groups
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Rivalry Among States
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Mandates Funded v. Un-Funded Mandates (Examples?)
Devolution n n n n n
What is it? Who’s involved? (2nd & 3rd order…) When & What? “Pre-emption” Currently….
Federalism: Good or Bad? n
Evaluate the arguments “for” and “against” our system of federalism… (pg. 52-53)
Federalism: Good or Bad?
