The Challenges of Modern Federalism

1. The Challenges of Modern Federalism New Orleans, August 2005 New York, September 2001

2. Federalism is… • A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states). • A system where national and state governments each have defined powers, with some being shared by both and some being denied to both.

3. Federalism is… State Powers: aka Reserved Powers • guaranteed by 10th Amendment • mostly internal affairs • education • licenses • traffic • local gov’ts • holding elections • public safety Shared Powers: aka Concurrent Powers • taxes • court system • making laws • enforcing laws • Welfare • National Powers: aka Delegated Powers • specifically listed in Const. • declare war • coin money • regulate trade • make treaties • Post Office • Armed Forces

4. The Federal Government has expressed powers specifically granted in the Constitution (tax, regulate commerce, declare war, etc.) 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.) Federalism & the Constitution The Federal Government has implied powers from the necessary & proper clause or “elastic clause” (ex: create a national bank)

5. Dual Federalism (1789-1932) • Federal and state governments are co-equals, each sovereign • Narrow interpretation of the Constitution • Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, foreign affairs) • State have greater role and powers (ex: public education, race relations)

6. What does Duel Federalism have in common with a layer cake?

7. Cooperative Federalism (1933-present) • National government clearly supreme over the states with wide 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

8. What does Cooperative federalism have in common with a marble cake?

9. Political Cartoon #1 Title: Another Perfect Storm Artist: Jeff Danziger Date: September, 2005 http://cartoonbox.slate.com/

10. Political Cartoon #2 Title: Disaster Response Artist: John Trever, The Albuquerque Journal Date: September, 2005

11. Political Cartoon #3 Title: Homeland Security Artist: Mike Keefe, The Denver Post Date: September, 2005

12. Political Cartoon #4 Title: Cleanup Artist: Cam Cardow, The Ottawa Citizen Date: September 5, 2005

13. Questions for Discussion • What 20th Century events contributed to the shift from dual federalism to cooperative federalism? • What are the inherent strengths of a federal system in addressing national emergencies? What are the weaknesses? • In both the near future, do you think the trend of cooperative federalism with the federal government taking a dominant role over the states will continue? Will this trend continue even into the distant future?