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Federalism

Federalism. Constitution & Federalism. Core Questions What should be the relationship between the national & state governments? How should powers be allocated between them? Why did the Framers choose a federal system? 13 original states combined were larger than England or France

gregory-rosales
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Federalism

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  1. Federalism

  2. Constitution & Federalism • Core Questions What should be the relationship between the national & state governments? How should powers be allocated between them? • Why did the Framers choose a federal system? • 13 original states combined were larger than England or France • Regional isolation because of poor transportation, communication & geographic spread • Long time for national government decisions to reach many of the states • Confederate system was a failure • National government too weak • National government unable to handle crises • Low international standing

  3. Constitution & Federalism • Why did the Framers choose a federal system? • Advantages of a federal system • Good for delegating many government functions to local governments Local government being the focus of political satisfaction when things go wrong, e.g. • Impractical for political authority to be in one place in a big country • People have better and more direct access to and influence on local and central governments National government won’t be remote, faceless, and all-powerful (to the voters)

  4. Systems of Government System of government in the world • About 200 independent nations in the world • Each having its own system of government • Three systems in existence for ordering relations between national & local governments • System 1: A Unitary System • Ultimate authority in the hands of the national government • National government can overrule local government decisions • National government can cu off funding of local governments • Important policy issues such as education, police, use of land, and welfare are made by national government

  5. Systems of Government System of government in the world • System 1: A Unitary System • Local leaders can be appointed by the national government • National government derives its power directly from the voters • Local governments derive their power from the national government. • System 2: a confederal system • A system of government composed of a league of independent sub-national units with essential sovereign power • Authority derived from sub-national units • Sub-national governments derive power from voters directly

  6. Systems of Government System of government in the world • System 1: A Unitary System • System 2: a Confederal System • The national government is not directly responsible to the voters. • System 3: a Federal System • Authority is divided between national & sub-national governments • Both national and local governments act directly on the people (derive power from people directly)

  7. The Federal System Proven Advantages of the Federal System • State governments have long been a training ground for future national leaders • Ronald Reagan • Jimmy Carter • Bill Clinton • George W. Bush • States can be the testing sites for new government initiatives • Wisconsin’s unemployment compensation • California’s air-pollution control policy • Vermont’s same sex marriage legislation

  8. Constitutional Basis of Federalism Constitution • No mention of the designation of “federal system” • No systematic division of governmental authority • It sets out 3 types of powers • Powers of the national government • Powers of the states • Prohibited powers • It establishes the “supremacy clause” to resolve conflicts between national and state laws Define “supremacy clause”

  9. Constitutional Basis of Federalism National Government Powers • Expressed powers Powers specifically granted to the national government e.g., set standards for weighs and measures e.g., make uniform naturalization laws e.g., establish post offices e.g., declare war e.g., negotiate and approve international treaties e.g., regulate inter-state trade. • Inherent powers • Powers derived from an express power or the “necessary and proper clause”

  10. Constitutional Basis of Federalism National Government Powers • Expressed powers • Inherent powers • Powers derived from an express power or the “necessary and proper clause” e.g., national government to represent the US overseas e.g., executive power to recognize a foreign government State Government Powers 10th Amendment: Powers not delegated to the national government by the Constitution & not prohibited y it, e.g., • Authority over intra-state trade

  11. Constitutional Basis of Federalism State Government Powers 10th Amendment: Powers not delegated to the national government by the Constitution & not prohibited y it, e.g., • Make laws on all matters not prohibited to states • Have police power • Authority to legislate for the protection of the health, morals, safety, and welfare of the people • Make laws governing crimes, marriage, contracts, education, traffic laws and land use. Prohibited Powers 10th Amendment: any power not delegated expressly or implicitly to the federal government by Constitution is prohibited to it.

  12. Constitutional Basis of Federalism Prohibited Powers 10th Amendment: any power not delegated expressly or implicitly to the federal government by Constitution is prohibited to it, e.g., • National government cannot create a national public school system • States are expressly denied the powers delegated to the national government, e.g., signing treaties with foreign countries. Other Powers • Concurrent Powers • Power to tax • Power to borrow money • Power to establish courts

  13. Constitutional Basis of Federalism Other Powers • Concurrent Powers • Power to spend money for general welfare • Power to take private property for public purposes with just compensation Federal Guarantees to the States • A representative form of government • Equal suffrage in the US Senate • Protection against foreign invasion & domestic violence • 1957, federal troops to Little Rock, to enforce SC ruling and to “prevent domestic violence”

  14. Federal v. State Governments Federal Guarantees to the States • Preservation of states’ territorial integrity • Provision for admitting new states. Inter-state Guarantees • “full faith and credit” given in each state to the public acts, records & judicial proceedings of every other state, e.g., • Civil judgments of other states • Private contracts made under the law of other states

  15. Federal v. State Governments Inter-state Guarantees • “full faith and credit” • Question 1: Should Texas recognize another state’s law legalizing same sex marriage? • Question 2: Is Congress’s 1996 Defense of Marriage Act allowing states not to recognize same sex marriage contradictory to Constitution? • “Privileges & Immunities” The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. • No discrimination against citizens from other states • No favoring of own citizens in matters such as • Acquisition of property • Starting businesses • Access to a state’s courts

  16. Federal v. State Governments Inter-state Guarantees • “Privileges & Immunities” Some exceptions: • Out-of-state tuition • Interstate rendition or extradiction “A person charged in any state with treason, felony, or other crime, who shall flee from justice & be found in another state, shall, on demand of the executive authority from the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.”

  17. Defining the Constitutional Powers Some Facts about Division of Power • Constitution must have some degree of ambiguity in language to endure and be effective • Such ambiguity exists on division of powers between state and national governments • Ambiguity leaves door open for different interpretation • Disputes over the boundaries of nat’l v state powers hae characterized the US politics from the beginning • The Supreme Court has the final say to resolve the differences in views.

  18. Defining the Constitutional Powers Expansion of National Powers • The case of McCulloch v. Maryland (1819) • Background: • U.S. Constitution says nothing about establishing a national bank • Congress chartered 2 banks • The 1st and 2nd Banks of the U.S. • The two banks provided part of the Congress’ initial capital • They were therefore the national banks. • Tax imposed on the 2nd Bank’s branch in Baltimore by Maryland • Bank’s cashier James McCulloch refused to pay • Maryland sued and won case against McCulloch in Maryland court

  19. Defining the Constitutional Powers Expansion of National Powers • The case of McCulloch v. Maryland (1819) • Background: • Federal government appealed the case to the US Supreme Court • Two issues for the Court • Did the nat’l government have the implied power under the necessary & proper clause to charter a bank and contribute capital to it? • If the bank was constitutional, could a state tax it?

  20. Defining the Constitutional Powers Expansion of National Powers • The case of McCulloch v. Maryland (1819) • Background: • Two issues for the Court • Supreme Court ruling • If such a national bank aided the national government in exercising designated powers, then the authority to set up such a bank could be implied. • No state could use its taxing power to tax an arm of the national government. If it could, the “supremacy clause” would be an empty statement. --------Chief Justice John Marshall • Significance

  21. Defining the Constitutional Powers Expansion of National Powers • The case of McCulloch v. Maryland (1819) • Background: • Two issues for the Court • Supreme Court ruling • Significance Marshall’s decision enabled the national government to grow and to meet problems that the Constitution’s framers were unable to foresee.

  22. Defining the Constitutional Powers Expansion of National Powers • The case of Gibbons v. Ogden (1824) • Background • N.Y. state legislature granted to Robert Fulton exclusive right to operate steamboats on the Hudson River. • At the same time, Congress licensed a ship to sail on the same waters. • Both N.Y. and New Jersey wanted to control shipping on the lower Hudson River. • Commerce clause in the Constitution giving power to Congress to regulate international, inter-state, and Indian trade • The meaning of the clause is in dispute

  23. Defining the Constitutional Powers Expansion of National Powers • The case of Gibbons v. Ogden (1824) • Background • Issues • How to define the term “commerce?” • What was the scope of Congress’s authority under the commerce clause? • Whether the national government’s power to regulate inter-state trade was extended to commerce within a state (intra-state commerce)? • Was the power to regulate inter-state commerce a concurrent power (as the N. Y. court had concluded) or an exclusive national power?

  24. Defining the Constitutional Powers Expansion of National Powers • The case of Gibbons v. Ogden (1824) • Background • Issues • Supreme Court Ruling • Commerce refers to all commercial intercourse- all business dealings – including navigation and the transport of people • National government could not regulate solely intra-state commerce • Power to regulate interstate commerce was an exclusive national power.

  25. Defining the Constitutional Powers Expansion of National Powers • The case of Gibbons v. Ogden (1824) • Background • Issues • Supreme Court Ruling • SignificanceJustice Marshall’s expansive interpretation of the commerce clause in Gibbons v. Ogden allowed the national government to exercise increasing authority over all areas of economic affairs throughout the land

  26. Defining the Constitutional Powers Expansion of National Powers • Southern State Reaction • In 1828, Congress passed a tariff. South Carolina tried to nullify it, claiming in case of conflict between a state and the national government, the state should have the ultimate authority over its citizens. • Over the next three decades, N and S became sharply divided over tariffs and the slavery issue. • Dec 20, 1860 S. Carolina repealed its ratification of the Constitution and withdrew from the Union. • The outbreak of the civil war. • Impact of the Civil War • Defeat of South permanently ended any idea that a state within the Union can successfully claim the right to secede, or withdraw, from the Union

  27. Defining the Constitutional Powers Expansion of National Powers • Southern State Reaction • Impact of the Civil War • Ironically, Civil War –brought about in large part because of the South’s desire for increased states’ rights – resulted in the opposite: an increase in the political power of the national government. • Concessions to the States • An era of “dual federalism” • Dual federalism: • a system of government that states and the national government remain supreme within their own spheres. • the national and state as co-equal sovereign powers • acts of states within their reserved powers are legitimate • commonly depicted as a layer cake, state and federal governments are like separate layers in a cake.

  28. Defining the Constitutional Powers Expansion of National Powers • Southern State Reaction • Impact of the Civil War • Concessions to the States • Dual Federalism in Action • In the decades following the Civil War, the national government stayed out of purely state affairs • The courts tended to support the states’ rights to exercise their police power and concurrent powers in regard to the regulation of intra-state activities. • In 1918, the Supreme Court ruled that a 1916 federal law banning child labor was unconstitutional because it attempted to regulate a local problem.

  29. Defining the Constitutional Powers Expansion of National Powers • Cooperative Federalism • Background: • March 4, 1933, FDR became the 32nd American President • In 1932, nearly 1,500 banks had failed; 4,000 banks went bankrupt in 1933. • Between 1932 and 1933, 32,000 businesses closed down and America’s unemployment hit 25%. • State governments reacted very slowly and indecisively to the emerging economic crisis. • The national government had been expected to do something about the disastrous state of the nation’s economy.

  30. Defining the Constitutional Powers Expansion of National Powers • Cooperative Federalism • Background: • The implementation of FDR’s New Deal signified a new era of intimate cooperation between the federal and state governments. Thus, the era of cooperative federalism began. • Defining Cooperative Federalism • states and the national government should cooperate in solving problems • joint action between the national government and the states • a marble cake.

  31. Growth of National Government in the 20th Century • Both the executive and legislature hold that the national government has an obligation to develop economic and social programs that promote individual security and social goods. • FDR, Truman, JFK, Carter, Clinton stood for expansion of national government powers; • Ronald Reagan argued for division of power based on 10th Amendment • Widespread disillusion with the states that are often • Indecisive in times of crisis • Timid and ineffective • Not willing to face problems • Not responsive and not interested in cities.

  32. Growth of National Government in the 20th Century • Crises • WWI • The Great Depression • Social Welfare Act passed in 1935 • WWII • Growth in population and social complexity • Industrialization, • urbanization, • expansion of inter-state and international trade, • development of national transportation and communications systems • flow of people across state lines • growth of organized labor and lobby groups • These factors posed problems too complex for individual states to handle.

  33. Growth of National Government in the 20th Century • A new set of expectationNo government, least of all, a democratic one, operates in a vacuum. What it does depends in large part, on what is asked of it. Now almost everyone looks to Washington for aid and for solutions to their problems. • Health care • Price supports for agricultural products • Clean air • Wholesome meat • Housing • Curtailment of violence on TV

  34. Growth of National Government in the 20th Century • Expansion of National power through court decisions • Superior financial resources of national government

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