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Federalism

Federalism. Definition: political system with local government units, besides national one that can make final decisions regarding some governmental activities and whose existence is protected. Governmental Structure. Federalism Political system

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Federalism

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  1. Federalism Definition: political system with local government units, besides national one that can make final decisions regarding some governmental activities and whose existence is protected

  2. Governmental Structure • Federalism • Political system • Local government can make decision and be protected • Unitary System • Local government depends on the national government

  3. Hot Issues • Hot issues disputes over federalism • Hot issues today • Gay marriage • Medical (coverage, drugs, social security) • Immigration

  4. State Powers • Under federalisms • Federal government has power over • Economic issues • Military • Defense • Under federalism • State government has power over issues that deal with • Social • Moral • family

  5. Positives and Negatives • Negative view • Blocks progress and protects powerful local interest • Positive view • Contributes to government strength • Political flexibility • Fosters individual liberty • Federalist Papers # 10 • Small political units allow all relevant interest to be heard

  6. Different political groups with different political purposes come to power in different places • Federalism lowers the cost of political organization at the local level

  7. National Powers State Powers Patriot Act Social Security Naturalization Gay marriage Discrimination License Elections Health Care Immigration enforcement Education commerce IRS

  8. Federal Aid and Federal Control • Condition of aid • What must be done if state receives aid • Drinking age 21 • Mandates • Federal rule • State and local government have little o no say • Americans with Disabilities Act • Civil Rights Act

  9. Grants v. Revenue Sharing • Categorical grants • For specific purposes • Block grants • General purposes with few restrictions • Revenue sharing • Can be spend on almost any governmental purpose

  10. The Constitution • 9th Amendment • Enumerated powers • 10th Amendment • All power not given to the national government • Any power not prohibited to the states • Reserved to the states and the people • Article I, section 9 • Congress can make the necessary and proper laws to carry out its enumerated powers

  11. Hamilton's view: • national supremacy since Constitution supreme law • Jefferson's view: • states' rights with the people as ultimate sovereign

  12. McCulloch v. Maryland • Could Congress charter a national bank • Yes • The power is not in the Constitution • “Necessary and Proper Clause” • Could states tax the national bank • No • “The power to tax is the power to destroy” • National power supreme

  13. Increasing National Power • Gibbons v. Ogden (1824) • Commerce issues • All intercourse between states • created "dual federalism." • Dual federalism = bath national and state governments are supreme in their own spheres • Today this is extinct • Heart of Atlanta Motel v. US (1964) • Commerce clause • Upheld the Civil Rights Act of 1964 • This expanded the federal power • "Nullification" • states cannot declare acts of Congress unconstitutional

  14. What about the State Powers? • By the late 20th centaury • 10th Amendment ha little relevance • Then came Lopez • Lopez v US (1995)

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