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FEDERALISM

FEDERALISM. The Federalism Debate. The Federalism Debate. A division of sovereignty: state & national. The Federalism Debate. A division of sovereignty Federalism in Context. The Federalism Debate. A division of sovereignty Federalism in Context Why not a unitary system?.

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FEDERALISM

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  1. FEDERALISM

  2. The Federalism Debate

  3. The Federalism Debate • A division of sovereignty: state & national

  4. The Federalism Debate • A division of sovereignty • Federalism in Context

  5. The Federalism Debate • A division of sovereignty • Federalism in Context • Why not a unitary system?

  6. Ultimate authority (sovereignty) rests in central government.

  7. The Federalism Debate • A division of sovereignty • Federalism in Context • Why not a unitary system? • Why not a confederate system?

  8. Ultimate authority (sovereignty) rests in state governments.

  9. The Federalism Debate • A division of sovereignty • Federalism in Context • Why not a unitary system? • Why not a confederate system? • US chose a Federal system

  10. Ultimate authority (sovereignty) is divided between central governments and states.

  11. Federalism Decentralized Authority Centralized Authority US Federal Government Confederate Government Unitary Government

  12. United States of Germany - Federal

  13. United States of Mexico - Federal

  14. Federalism Federal Republic of Germany Federal Republic of Mexico Decentralized Authority Centralized Authority US Federal Government Confederate Government Unitary Government

  15. The Federalism Debate • A division of sovereignty • Federalism in Context • Why not a unitary system? • Why not a confederate system? • US chose a Federal system • Essential to foundation

  16. The Federalism Debate • A division of sovereignty • Federalism in Context • Why not a unitary system? • Why not a confederate system? • US chose a Federal system • Essential to foundation • Needed for ratification

  17. The Federalism Debate • A division of sovereignty • Federalism in Context • Why not a unitary system? • Why not a confederate system? • US chose a Federal system • Essential to foundation • Needed for ratification • Orderly entry of new territories

  18. The Federalism Debate • A division of sovereignty • Federalism in Context • Why not a unitary system? • Why not a confederate system? • US chose a Federal system • Essential to foundation • Needed for ratification • Orderly entry of new territories • Preserves local culture/economy

  19. The Federalism Debate • A division of sovereignty • Federalism in Context • Federalism & Ratification: The 10th Amend

  20. The Federalism Debate • A division of sovereignty • Federalism in Context • Federalism & Ratification: The 10th Amend • Federalist concerns? Anti-Federalist concerns?

  21. The Federalism Debate • A division of sovereignty • Federalism in Context • Federalism & Ratification: The 10th Amend • Federalist concerns? Anti-Federalist concerns? • Constitution was a compromise:

  22. The Federalism Debate • A division of sovereignty • Federalism in Context • Federalism & Ratification: The 10th Amend • Federalist concerns? Anti-Federalist concerns? • Constitution was a compromise: • Addressed some Ant-Federalist (DRs) concerns

  23. The Federalism Debate • A division of sovereignty • Federalism in Context • Federalism & Ratification: The 10th Amend • Federalist concerns? Anti-Federalist concerns? • Constitution was a compromise: • Addressed some Ant-Federalist (DRs) concerns • Addressed some Federalist concerns

  24. Evolution of the Debate

  25. Evolution of the Debate • Fluid meaning of “federalism”

  26. Federalism Federal Republic of Germany Federal Republic of Mexico Decentralized Authority Centralized Authority US Federal Government Confederate Government Unitary Government

  27. Evolution of the Debate • Fluid meaning of “federalism” • Which level has authority on which issues?

  28. Evolution of the Debate • Fluid meaning of “federalism” • Which level has authority on which issues? • What’s the driving force of this inability to permanently define federalism • (meaning the exact roles of states and central government)

  29. Evolution of the Debate • Fluid meaning of “federalism” • Turning to Supreme Court for meaning – Judicial Review

  30. Evolution of the Debate • Fluid meaning of “federalism” • Turning to the SC for meaning • “Dual” sovereignty I (1798-1865)

  31. Evolution of the Debate • Fluid meaning of “federalism” • Turning to the SC for meaning • “Dual” sovereignty I (1798-1865) • “nullification”

  32. Evolution of the Debate • Fluid meaning of “federalism” • Turning to the SC for meaning • “Dual” sovereignty I (1798-1865) • “nullification” • McCulloch v Maryland, 1819

  33. Evolution of the Debate • Fluid meaning of “federalism” • Turning to the SC for meaning • “Dual” sovereignty I (1798-1865) • “nullification” • McCulloch v Maryland, 1819 • 1832, tariffs - nullification issue resurfaces

  34. Evolution of the Debate • Fluid meaning of “federalism” • Turning to the SC for meaning • “Dual” sovereignty I (1798-1865) • “nullification” • McCulloch v Maryland, 1819 • 1832, tariffs - nullification issue resurfaces • 1860, slavery – nullification issue resurfaces

  35. The people of the State of South Carolina declared that the frequent violations of the Constitution by the Federal Government, fully justified this State in then withdrawing from the Federal Union; but in deference to the opinions and wishes of the other States, she declined at that time [1832] to exercise this right. Since that time, these violations of the reserved rights of States have continued to increase. Therefore, we, the People of South Carolina, declare that the Union between this State and the other States of North America, is dissolved, and that the State of South Carolina has resumed her position among the nations of the world, as a separate and independent State; with full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do. Adopted December 24, 1860

  36. Evolution of the Debate • Fluid meaning of “federalism” • Turning to the SC for meaning • “Dual” sovereignty I (1798-1865) • “nullification” • McCulloch v Maryland, 1819 • 1832, tariffs - nullification issue resurfaces • 1860, slavery – nullification issue resurfaces • Civil War – “nullification” is dead; dual sovereignty lives

  37. The Supreme Court & Dual Sovereignty

  38. The Supreme Court & Dual Sovereignty • “Dual” Sovereignty II (1872 -1932)

  39. The Supreme Court & Dual Sovereignty • “Dual” Sovereignty II (1872 -1932) • SC would defend states powers on issues

  40. The Supreme Court & Dual Sovereignty • “Dual” Sovereignty II (1872 -1932) • SC would defend states powers (Table 3.1) on issues • 1930s things change

  41. The Supreme Court & Dual Sovereignty • “Dual” Sovereignty II (1872 -1932) • SC would defend states powers (Table 3.1) on issues • 1930s things change • Supreme Court expands national power through

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