Transcript Federalismx

FEDERALISM
Federalism
• political system
power divided & shared b/w central gov’t
& states (regional units)
The Roots of Federal System
• Framers worked to create a political system
halfway b/w failed confederation (Articles of
Confederation) & tyrannical unitary system (G.B.)
• three major arguments…
1. prevention of tyranny
2. provision for increased participation in politics
3. use states as testing grounds or laboratories for new
policies & programs
The Powers of Government
National Government - one of
delegated powers.
3 types of delegated power:
- enumerated (expressed)
- implied
- inherent
Enumerated powers expressed
Article I, section 8
• lay and collect taxes, duties, and imposts
• provide for the common defense and general
welfare of the United States
• regulate commerce with foreign nations, and
among the states, and with Indian tribes
• coin money and regulate the value thereof
• declare war
Implied Powers
• Article I, Section 8, clause 18
“necessary & proper clause” or elastic clause
• necessary & proper clause- expands
powers of national gov’t
Inherent powers
• belong to national gov’t by virtue of their
existence
Reserved or State Powers
(police powers)
• come from 10th Amendment:
– "The powers not delegated to the United States
by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively,
or to the people."
Concurrent powersPowers shared by the national
and state governments
Denied Powers
• Article I, section 9 lays out powers
denied to the central government.
– For example: give preference to ports of
one state over another
• Article I, section 10 lays out the
powers denied to the states.
– For example: enter into treaties,
alliances, or confederations
Supremacy Clause
• Article IV- federal law is supreme
– federal gov’t wins arguement
The Evolution and
Development of Federalism
• The allocation of powers in our federal system
has changed dramatically over the years.
• The Supreme Court in its role as interpreter of
constitution has been a major player in the
redefinition of our Federal system.
– McCulloch v. Maryland (1819)
– Gibbons v. Ogden (1824)
– Dred Scott v. Sandford (1857)
McCulloch v. Maryland (1819)
• McCulluch 1st major decision Supreme Court
under Chief Justice John Marshall about
relationship b/w states & national gov’t
• Court upheld power of nat’l gov’t & denied
right of a state to tax bank.
• Court’s broad interpretation of necessary &
proper clause paved way for later rulings
upholding expansive federal powers.
Gibbons v. Ogden (1824)
• Gibbons case: conflict between states & powers of
Congress.
• Could New York grant a monopoly concession on
navigation of Hudson River? Hudson River forms part
of the border b/w New York & New Jersey & U.S.
Congress also licensed a ship to sail Hudson.
• main constitutional question in Gibbons was scope of
Congress' authority under Commerce Clause.
• Gibbons, Court upheld broad congressional power over
interstate commerce
Dred Scott v. Sandford (1857)
• Supreme Court - concurrent powers & dual federalism
– separate but equally powerful levels of gov’t is preferable
– natl gov’t should not exceed its enumerated powers.
• Taney Court: Mr. Scott was not a U.S. citizen &
therefore not entitled to sue in federal court.
• case dismissed & Scott remained a slave
• Taney wrote: Congress had no power to abolish slavery
in territories & slaves were private property protected
by Constitution
Civil War & Beyond
• Dual federalism remained Supreme
Court's framework for federalism even
w/ 13th, 14th, & 15th amendments
• Dual federalism ended 1930s, crisis of
the Great Depression demanded
powerful actions from national
government
The Changing Nature of
Federalism
• 1930s scholars used analogy: layer cake
– Each layer clearly defined powers & responsibilities
• New Deal analogy of a marble cake b/c lines of
authority were mixed
• This marble cake federalism is often called
cooperative federalism and has a much more
powerful national government.
• States have a cooperative role, as did many cities.
Ch 4 Federalism
• Start chapter
• “United” States = union
– Constitution --- guarantees & duties
[IV]
• guarantees- republican (representatives) form
• respect for territorial integrity
– boundaries**
– congressional representatives
(#?)
• guarantees- protection
– foreign invasion
– domestic unrest
(violence / disaster)
Washington set precedent…
LONG, HOT SUMMER ‘67 – LBJ
assassination ‘68
president need to be asked for troops?
No! Little Rock- Ike / Univ. of Alabama- JFK
Reqs
– territory
– presidential ok
Procedure
1) Congress- “Enabling Act”
 constitution assistance
2) constitution approved by popular vote
3) Congressional approval
 propose changes
 Utah- (polygamy)
4) “Act of Admission”
 Puerto Rico
Federal Grants-in-Aid
• Constitution: "...general welfare of U.S…”
– Northwest Ordinance (1787) - public education
Conditional or Categorical- “strings attached”
purpose specified
federal guidelines
match funds
establish management agency
P-ville --- elderly / North Side / downtown
new powers --- normally no constitutional authority
Block Grants:
fewer "strings attached"
Revenue Sharing:
$$ distribute
Other Forms:
** FBI
** compensation >> property tax
State Aid to National Gov’t:
1-national elections
2-naturalization
3-federal fugitives
• usually --- natural resources
– all states share supervision of…
parolees & probationers
juveniles
(DRPA)
• respect… laws / records / judicial proceedings
civil matters
• prohibit discrimination- resident another state
– reasonable discrimination…
voting & license (career)
higher fees- outdoors licenses & tuition
• accused or convicted flees justice
– returned to state w/ jurisdiction
routine request [made by?]
– disputed…
political or racial issues
parental kidnapping
[custody]
Demanding State
1- written request
(indictment / warrant)
6- faces charges
Asylum State
2- gov. reviews request
3- no reason for delay
signs warrant
4- arrest & returns- demanding state
5- judge rules or waives right