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Federalism

Federalism. Week 4. Federalism: A Comparative Perspective. Three forms of Government Organization Unitary Government Centralized, All power at the center Federal Government Some power at the center Some power in sub-units (States) Confederal Government (Confederation)

audrey-murphy
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Federalism

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  1. Federalism Week 4

  2. Federalism:A Comparative Perspective Three forms of Government Organization • Unitary Government • Centralized, All power at the center • Federal Government • Some power at the center • Some power in sub-units (States) • Confederal Government (Confederation) • Decentralized, All power in the sub-units

  3. Federalism:A Comparative Perspective Unitary Government • Examples: England, France, China • Strong Centers • Delegated power to counties etc. can be withdrawn • Good at coordination and solving local tyranny • Poor at addressing special local needs • Poor at protecting against a central tyranny • No place for experimentation

  4. Federalism:A Comparative Perspective Confederal Government (Confederation) • Decentralized, All power in the sub-units • Real examples: US under Articles of Confederation, UN, NAFTA, European Union. • Ineffective at national coordination • Can’t resolve tyranny at the local level • Good at dealing flexibly with local needs • Provides local laboratories for experiments • Blocks a central tyranny

  5. Federalism:A Comparative Perspective Federal Government (the hybrid model) • Examples: USA, Canada, Switzerland, India, Mexico, Germany • Some power at the center • Some power in sub-units (States) • Division of power spelled out in the structure and can’t be changed by the central authority • Moderately good at national coordination • Moderately good at local need • Partially blocks central tyranny • Slowly overcomes local tyranny • Creates local laboratories for experimentation

  6. Federalism:

  7. Federalism:A Comparative Perspective FEDERALISM IN THE US: • Expressed Powers of the National Government • Implied Powers of the National Government • Necessary and Proper Clause • (I will call it the Necessary and Proper Clause, not the simple-minded term in the text – elastic clause)

  8. Implied Powers Necessary and Proper Clause (this is college, I will use the legal language, not the simple minded “elastic clause” language) "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.” (Article 1 Section 8 Clause 18)

  9. Federalism: Selected Constitutional Powers Federal Powers: EXPRESSED - Coin Money - Conduct Foreign Affairs - Regulate Interstate Commerce -Levy and Collect Taxes -Declare War -Raise / Support a Military -Establish Post Offices -Establish Inferior Courts -Admit New States IMPLIED: "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing powers, and all other Powers vested by this Constitution in the Government of the United States, or in any department or officer thereof.”. (Article 1 Section 8 Clause 18) Concurrent powers -Levy and Collect Taxes -Borrow Money -Make and Enforce Laws -Establish Courts -Provide for General Welfare -Charter Banks and Corporations Powers Reserved to the States -Regulate Intrastate Commerce -Conduct Elections -Provide for Public Health, Safety, and Morals -Establish Local Governments -Ratify Amendments to the Federal Constitution -Establish a State Militia

  10. SELECTED POWERS DENIED BY THE CONSTITUTION Powers Denied to the Federal Government -Tax exports from any state -Violate the Bill of Rights -Change State Boundaries -Suspend the right of Habeas Corpus -Make ex post facto laws -Subject office holders to a religious test Powers denied both Federal and State Government -Tax exports from any state -Violate the Bill of Rights -Change State Boundaries -Suspend the right of Habeas Corpus -Make ex post facto laws -Subject office holders to a religious test Powers Denied to the States -Tax Imports or Exports -Coin Money -Enter into Treaties -Impair Obligations of Contracts -Abridge the Privileges or Immunities of Citizens -Deny Due Process -Deny Equal Protection

  11. Interstate relations Full Faith and Credit Clause • Article IV, Section 1. • Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof. • Birth certificates, Marriage Licenses, etc.

  12. Interstate relations Gay Marriage? • 1995: Hawaii • Defense of Marriage Act: 1996 • No state (or other political subdivision within the United States) need recognize a marriage between persons of the same sex, even if the marriage was concluded or recognized in another state. • The Federal Government may not recognize same-sex or polygamous marriages for any purpose, even if concluded or recognized by one of the states. • Now: Massachusetts, California, etc? • Is Defense of Marriage Act Constitutional??? • A: Yes B: No C: I just don’t know.

  13. Defining Federalism McCulloch V. Maryland, 1819 • RE: US National Bank • Outcome: Feds win, a National bank is constitutional • Justification: “Necessary and Proper” clause and “Supremacy” clause • Article 6: Supremacy Clause: • This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

  14. Defining Federalism Gibbons V. Ogden, 1824 • RE: Ferry service in New York Harbor • Outcome: Feds win: states must recognize licenses issued by federal government • Justification: “Interstate Commerce” clause and “Supremacy” clause Interstate Commerce: Article 1 Section 8 Clause 3 • “To regulate commerce with foreign nations, and among the several states, and with the Indian tribes”

  15. Defining Federalism Wickard V. Filburn 1942 • Re: Grain Production in Ohio • Is this issue properly Interstate commerce or Intrastate commerce? • A: interstate B: Intrastate • Outcome: Feds win. Farmers crops can be regulated by Federal government • Justification: Interstate Commerce clause, argued that farmers effect interstate commerce even if they buy or sell nothing.

  16. Defining Federalism Heart of Atlanta Motel V. US 1964 • RE: Discrimination in private business, specifically a motel that wanted to serve only white clients • Outcome: civil rights laws can be imposed by the federal government even on private businesses • Justification: Interstate Commerce and Supremacy clauses

  17. Defining Federalism CIVIL War Amendments: Especially 14th • Defines Citizenship • Guarantees: • Privileges and Immunities from State violation • Due Process from State violation • Equal Protection from State violation • Applies most of the Bill of Rights to States, expanding Federal Role • Expansion of Federal powers

  18. Other Stuff… • Federal Mandates: • Orders • Grants: • Categorical-formula Grants • Project Grants • Block Grants

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