Federalism

1. Federalism The constitutional division of powers between the national government and state governments

2. Federalism Other systems include: Confederations—constituent states get together for certain common purposes, but retain ultimate individual authority (European Union)—and Unitary—the central government has all the power (United Kingdom, Japan, China)

3. Federalism Created by the Founders because: Barrier against possible tyranny of the national government It was a major concern of small states A type of separation of powers

4. Federalism Virtual representation Members of Parliament did not represent individuals or particular geographic areas; instead they represented the entire nation Actual representation: every community entitled to its own representative

5. Federalism So, what happens if there is a conflict between a federal law and a state law? The Federal government & state governments each enact their own laws. But… As Chief Justice of the U. S. Supreme Court, I’ll answer that one. According to Article VI of the Constitution—the national supremacy article—national laws take precedence over state laws if there is a conflict.

6. The Constitutional Convention Challenging the Supremacy Clause Three nullification crises Alien and Sedition Acts Tariff of Abominations Fugitive Slave Act Modern Day: local legalization of marijuana—Proposition 19 Hey man, that’s like laws legalizing marijuana in some states can be outlawed by the feds.

7. The Constitutional Convention OK, then, Mr. Chief Justice, I understand that. Tell me how the Tenth Amendment factors into Federalism. The Tenth Amendment states that powers not given to the federal government and not prohibited to the states are reserved for the states and the people—that’s called the reservation clause.

8. Federalism OK, but now I want to ask a REAL judge something. Judge Judy, didn’t McCulloch v. Maryland (1819) also enhance the power of the Federal government? It sure did, Colbert. In 1819, the Supreme Court ruled in McCulloch v. Maryland that states could not tax any part of the federal government, because if they did, that would make a state superior to the federal government. That’s unconstitutional.

9. Federalism Good point, Judge Judy. So can you also explain concurrent powers and the concept of horizontal federalism? Not a problem. Concurrent powers are those shared by both the federal government and state governments. They are things like the power to tax, establish courts (both the U. S. and CA have supreme courts, for example), make their own laws, and spend money.

10. Federalism Now, horizontal federalism is a term that refers to relationships among the states. A key part of that term is the “full faith and credit” clause of Article IV of the Constitution, where each state is required to give “full faith and credit” to the public acts, records and judicial proceedings of every other state.

11. Federalism So, Judge Judy, does that mean that our marriage in one state must be honored in all the other states? That’s kind of a double edged sword question, Rosie. On balance, the short answer is yes. However Congress passed the Defense of Marriage Act, which denied Medicaid and Medicare benefits to same-sex spouses and authorized states to bar recognition of same-sex marriages from other states.

12. Federalism Wow!, Judge Judy, you know a lot about this stuff. Isn’t it true that originally the states had a lot of power, but in the 20th and 21st centuries the federal government has taken on more power? Right again, Colbert. The concept of dual federalism goes back to the early U. S. government in arguments between Hamilton and Jefferson. But, yes, since the New Deal, the federal government has taken over many powers originally held by the states.

13. Federalism Nationalist: the Constitution was formed by a compact among the people to create a single, national community. Hamilton and John Adams States’ Rights proponents argue that the Constitution was created as a compact among the states and that the Framers meant for the states to be coequal with the national government. Jefferson and Madison

14. Federalism So Judge Judy, haven’t some political scientists used a cake analogy to describe dual federalism? You’re a fast learner, Colbert. Yes: the marble cake analogy and the layer cake analogy. Which do you think is most representative of dual federalism today?

15. Federalism Layer Cake: a clear delineation of authority and programs among levels of government Marble Cake: a pragmatic mixing of authority and programs among national, state & local governments

16. Federalism Simoncini to class: our textbook does a great job discussing how the concepts of federalism and dual federalism have evolved throughout the history of the United States. Form into groups of 2-3 and list a David Letterman top ten highlights in the evolution of American federalism—pp. 67-73.

17. Federalism Yes, sir, Colonel, sir!!! But I need someone to answer one more question for me. What is the concept of devolution? That’s OK, Colbert. Since the time of President Ronald Reagan, some in the federal government have advocated delegating power from the federal government to the states.

18. Judge Judy, I’d like to add to your comments. Some of us in government have objected to the federal government taking over powers originally held by the states. In fact, in 1994, I was so upset with the fact that the national (federal) government had taken over so many of the states’ powers, that my fellow Republicans and I made a “Contract with America”to return power to the states. Federalism Speaker Newt Gingrich of Georgia The American people agreed and voted in the first Republican Congress in 50 years

19. Federalism That’s true, Speaker Gingrich. Originally, we Republicans took the lead in devolution. But my administration tended to give more power back to the federal government, particularly with one of my pet laws, the No Child Left Behind Act. Heck! States just weren’t doin’ the job!

20. Federalism Yep! And as your book notes, I, as a Democrat—the party heretofore known for taking more power for the federal government—was a big proponent of devolution. Funny how things like that work in politics.

21. Federalism And, similar to President Bush, I have tended to swing toward more power to the national government. What examples does your text give?

22. Federalism Judge Judy, you and your friends have done a great job educating me on the basics of federalism. But I know it’s time for you to retire to your chambers. So now, I’m going to ask some old friends to help me with the concept of fiscal federalism. No problem, Colbert. You were a pretty good student. Who are your friends?

23. Federalism Fiscal federalism: that aspect of federalism having to do with federal grants to states.

24. Elements of Federalism The Supreme Court has ruled that the Constitution’s Supremacy Clause does not allow the states to reject constitutional federal laws. Over the past several years, that fact has often led to bad feelings on the part of many states.

25. Elements of Federalism That’s right, Monica. And in the 20th century the federal government has increasingly become involved in areas previously handled by state and local governments. That’s true, Ross, but through revenue sharing the feds at least give the states money to do certain thingsand the federal government gives the states a lot of freedom in how they spend the money.

26. Elements of Federalism But isn’t it true that the federal government can take away moneyif the states don’t follow certain rules? That’s right, Rachel. In 1973, President Nixon ordered the national speed limit changed to 55 miles per hour, to conserve energy. The state of Montana refused to enforce the law. The federal government then told Montana that if they continued not enforcing 55 mph that they would take back all federal highway funds given to that state.

27. Elements of Federalism Hey Simoncini! I think this might be a great time for another group project. Yeah, Simoncini. That’s a super idea A. J. has.

28. Elements of Federalism Football Simoncini here in 1964. Go ahead, break into groups of 2-3 and list and give examples for each of the types of grants shown.

29. Elements of Federalism Uh, like, OK. One time I heard about grants-in-aid. What are they? Good question, Phoebs. Grants-in-aid are money that the federal gives to pay for state and local activities specifically authorized by the federal government. For example, the Morrill Act of 1862 let states sell federal land in their states but they had to use the money to build colleges.

30. Elements of Federalism Cool! But in one of my scenes on Days of Our Lives, as Dr. Drake Remore, I had a line in which I talked about categorical grants. What are they? That makes sense, Joey. You see categorical grants are money grants the federal government makes to states clearly specifying what the money can be used for, like building hospitals for public use. With those grants, Congress may also require the states to contribute some of their own funds as well.

31. Elements of Federalism OK. So I feel like a blockhead for asking, but what then is a block grant? Well, let’s see. Oh, yeah. A block grant is a form of a grant-in-aid where a state or city can use the funds for a broadly defined area such as welfare, education, public transportation systems, or anti-crime programs.

32. Elements of Federalism Hmmmm. I guess I understand grants. So what, then, is a federal mandate? Joey, federal mandates are formal orders from the national government that the states must carry out certain policies. The issues that mandates are for affect people in all or most of the states.

33. Elements of Federalism I still don’t get it. Can you give me an example, Monica? Sure, Joey, and don’t feel bad. Actually, it gets more complicated. There are really three different forms of federal mandate.

34. Elements of Federalism The 3 types of federal mandates that Monica referred to are: 1. A law directing state or local governments to take action on a particular issue—like the 1986 federal law requiring schools to take certain steps to protect children from exposure to asbestos.

35. Elements of Federalism Right on, Chandler! Ok, 2. Some federal mandates give states the choice between undertaking a federally-directed activity themselves or having the federal government do it. Like in 1970, in the Clean Air Act, the federal government said the states could enforce the law or the federal government would enforce it if a state would not.

36. Elements of Federalism Great Phoebes. Third, federal mandates could come in the form of strings attached to federal aid—or to receive federal money for a given program, a state or local government must follow certain requirements. In 1986, the federal government said it would take away federal highway construction money to any state whose minimum age to drink alcoholic beverages was 20 or less.

37. Elements of Federalism I’m so proud of my big brother. But, Ross, have there been complaints about federal mandates? I’ll answer that one, Monica. Some people, like me, think that too many federal mandates violate states’ rights. We particularly object to unfunded mandates—where the federal government gives a requirement but provides to money to pay for it.

38. Elements of Federalism Hey, Mr. Gingrich. Can you give us an example of an unfunded mandate that the states objected to? Certainly, Rachael. In 1993, the national “Motor-Voter” law required states to let people registerto vote when they registered for a driver’s license. The states complained that that cost additional money and the federal government gave them none.

39. Structural Foundations So, in this short chapter, we are going to get to know something about the American people who make up our electorate.

40. Structural Foundations The Unites States today is a very diverse nation. We are a nation of immigrants. Discuss in small groups what you know about the history of American immigration. 1954

41. Structural Foundations Chapter 4: U. S. Immigration history Indentured servants (prisoners in Georgia) African slaves 1830s: Irish (rise of nativism or xenophobia) 1882: Chinese Exclusion Act (1892 and 1902) 1906: Gentlemen’s Agreement with Japan (San Francisco) 1930s: St. Louis Affair Latinos and Debt Peonage Today—1990s more than any decade (9.1M (L) & 3.5M (I)

42. Structural Foundations Figure 4.3: Where Americans Live 1950 43.9% 32.9% 23.2% 1960 37.0% 32.3% 30.6% 1970 31.4% 31.4% 37.2% 1980 25.2% 30.0% 44.8% 1990 22.5% 31.3% 46.2% 2000 18.1% 24.9% 57.0% What is your analysis of this chart?

43. Structural Foundations American population moved steadily southward and westward The Sun Belt

44. Structural Foundations • The U. S. is getting older (12.7 elderly) • 1967 to 2000: • Median household income 30% • GDP 120% • Poverty (2006) 37 million or 12.3% of all • Americans • Racial minorities • Single-parent, female-headed households • 24% African Americans; 21% Hispanics • 2006: Top 20% (quintile): 50% of national • income

45. Structural Foundations The aging American population and campaigns, voting and legislation Older people vote more and are more politically angry Baby Boomers (1946-1964) Spoiled Demands for spending on social and medical programs aimed at helping older people May have negative affect on education/ higher education

46. Structural Foundations When Paul sleeps in class he dreams of one day having a large income. How has the income of Americans changed over the decades?

47. Structural Foundations • Median household income: grown only • modestly (30% 1967-2008 while GDP • grew >300% over same period) • 2008-2009: median household income fell • $2,000 (not yet returned to 1990s levels) • African American and Hispanic households • have lowest incomes • Recently, white, non-college-educated men • also hit hard

48. Structural Foundations Mustang seniors, what tends to happen when household income is either stagnant or in decline?

49. Structural Foundations Yeah, but when household income is rising, Americans tend to express satisfaction with their elected officials, as they did with me.

50. Structural Foundations Even though Miss Becky and I are rich in so many ways, with the 2% pay cut we took, I feel poor sometimes. Someone please discuss poverty in the United States. 1955: 25% of all Americans fell below the federal government’s poverty line 1973: down to 11.1% 2009: 14.3%