POL S 202: Intro to American Politics

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POL S 202 Intro to American Politics

• Federalism
• Week 2 October 9, 2007

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American Politics in the News
Interesting News Stories 1. Bush proposing new
homeland security measures towards terrorist
cells in the US 2. Washington state court ruled
that campaigns do not have to be 100 truthful
about opponents 3. Giuliani and Romney raised
most money / debate tonight, attacking each other
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When America was first founded, U.S. Senators
were selected by

• The President
• State Governor
• The Voters
• State Legislature
• House of Reps

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Three Systems of Government

• Unitary System centralized government in which
  local governments exercise only those powers
  given to them by the central government
• Confederal System consists of a league of
  independent states, each having essentially
  sovereign power
• Federal System power is divided by a written
  constitution between a central government and
  regional governments

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Figure 2.1a The Flow of Power in Three Systems
of Government
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So Why Adopt Federalism?

• A Practical Solution to the dispute between
  advocates of a strong central government and
  states rights advocates
• Geography and population make it impractical to
  locate all political authority in one place
• Brings government closer to the people
• State governments train future national leaders
• State governments can be testing grounds for
  policy initiatives
• Federalism allows for many political subcultures

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Constitutional Basis of Powers of the National
Government

• Expressed Powers First 17 clauses of Article I,
  Section 8, examples include coining money,
  setting standards of weights and measures,
  declaring war
• Implied Powers the clause in Article I, Section
  8, that grants Congress the power to do whatever
  is necessary to execute its specifically
  delegated power (necessary and proper clause)
• Inherent Powers powers derive from the fact
  that the United States is a sovereign power among
  nations

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The Powers of State Government

• Reserved Powers derived from the 10th
  Amendment, states powers not assigned to the
  federal government are reserved for the states
• Police Powers power reserved to the state
  government to regulate the health, safety, and
  morals of its citizens regulation/enforcement
• Concurrent powers states and federal government
  share power on issues such as granting business
  license (national policy usually wins when there
  is a conflict)

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In the United States, each state has the power to
regulate

• Religion
• Marriage
• The Press
• Postal Service
• Immigration

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Examples of Federalism

• States pass their own laws regarding
• Gay Marriage, Abortion, Affirmative Action,
  Bilingual Education, Death Penalty, K-12
  Education, Speed Limit, Drinking Age, Gambling,
  Marijuana, Assisted Suicide

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Federalism in practice

• State Laws on the books today
• It is illegal for a driver to be blindfolded
  while operating a vehicle.
• It is illegal to wear a fake mustache that causes
  laughter in church.
• A L A B A M A

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Federalism in practice

• State Laws on the books today
• Animals are banned from mating publicly within
  1,500 feet of a tavern, school, or place of
  worship.
• It is a misdemeanor to shoot at any kind of game
  from a moving vehicle, unless the target is a
  whale.
• C A L I F O R N I A

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Federalism in practice

• State Laws on the books today
• Women may be fined for falling asleep under a
  hair dryer, as can the salon owner.
• A special law prohibits unmarried women from
  parachuting on Sunday or she shall risk arrest,
  fine, and/or jailing.
• Men may not be seen publicly in any kind of
  strapless gown.
• F L O R I D A

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Federalism in practice

• State Laws on the books today
• If an elephant is left tied to a parking meter,
  the parking fee has to be paid just as it would
  for a vehicle.
• Having sexual relations with a porcupine is
  illegal.
• It is illegal to sing in a public place while
  attired in a swimsuit.
• F L O R I D A

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Federalism in practice

• State Laws on the books today
• Prohibits shooting rabbits from a motorboat.
• K A N S A S
• It is illegal to rob a bank and then shoot at the
  bank teller with a water pistol.
• L O U I S I A N A

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Federalism in practice

• State Laws on the books today
• It is illegal for a liquor store to sell cold
  soft drinks or milk.
• I N D I A N A
• You may not swear in front of women and children.
  
• M I C H I G A N

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Federalism in practice

• State Laws on the books today
• It is illegal for bar owners to sell beer unless
  they are simultaneously brewing a kettle of soup
  
• N E B R A S K A
• It is illegal to lie down and fall asleep with
  your shoes on.
• N. D A K O T A

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Federalism in practice

• State Laws on the books today
• It is against the law to throw a ball at
  someone's head for fun.
• A license must be purchased before hanging
  clothes on a clothesline.
• The penalty for jumping off a building is death.
  
• N E W Y O R K

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Federalism in practice

• State Laws on the books today
• It is illegal to fish for whales on Sunday.
• It is illegal to get a fish drunk.
• O H I O
• A person is not eligible to become Governor if
  he/she has participated in a duel.
• P E N N S Y L V A N I A

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Federalism in practice

• State Laws on the books today
• It is illegal to take more than three sips of
  beer at a time while standing.
• It is illegal to drive without windshield wipers
  but a windshield is not required
• It is illegal for one to shoot a buffalo from the
  second story of a hotel.
• It is illegal to milk another person's cow.
• T E X A S

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Federalism in practice

• State Laws on the books today
• Fake butter may not be served in state prison.
• One may not camp in a wagon on any public highway
• Livestock have the right of way on public roads.
• W I S C O N S I N

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Federalism in practice

• State Laws on the books today
• Canned corn may not be used as bait for fishing.
• It is illegal to whisper dirty things in your
  lovers ear during sex.
• O R E G O N

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Federalism in practice

• State Laws on the books today
• It is mandatory for a motorist with criminal
  intentions to stop at the city limits and
  telephone the chief of police as he is entering
  the town
• All motor vehicles must be preceded by a man
  carrying a red flag (daytime) or a red lantern
  (nighttime) fifty feet in front of said vehicle
• It is illegal to display a hypnotized or
  allegedly hypnotized person in a store window
• W A S H I N G T O N

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The Growth of the National Government

• McCulloch v. Maryland (1819)- established the
  implied powers of the national government and the
  idea of national supremacy
• (from the necessary and proper clause)
• (from the supremacy clause)
• Gibbons v. Ogden (1824) established that the
  power to regulate interstate commerce was an
  exclusive national power
• (from the commerce clause)
• During John Marshall years as Chief Justice

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The Shift Back to States Rights in the
Jacksonian Era

• Nullification the idea that states could
  declare a national law null and void
• Secession the withdrawal of a state from a
  union
• South Carolina first state to repeal its
  ratification of the U.S. Constitution (1860)

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War and the Growth of the National Government

• The defeat of the South ended the idea that
  states could secede from the Union.
• The defeat of the South also resulted in an
  expansion of the powers of the national
  government (the opposite of what te South was
  fighting for)
•    New governments employees were hired to
  conduct the war effort, and Reconstruction
•    A billion dollar budget was passed
•    A temporary income tax was imposed on
  citizens
•    Civil liberties were curtailed because of the
  war effort and the nationals governments role
  expanded to include providing pensions to
  veterans and widows

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The Continuing Dispute over the Division of Power

• Dual Federalism the national and state
  governments as equal sovereign powers
• Cooperative Federalism the idea that states and
  the national government should cooperate to solve
  problems

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The Decline of Dual Federalism

• Great Depression resulted in FDRs New Deal
  policies which established a large and far
  reaching federal government
• FDR fought with the Sup. Ct. for years and won
  re-election in landslide in 1936 and threatened
  to pack the court
• Result was a return to a strong federal government

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Federal Preemption from 1900 to the Present
Source U.S. Advisory Commission on
Intergovernmental Relations, plus authors update.
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Federalism, the Supreme Court and the Commerce
Clause

• United States v. Lopez court rules Congress
  exceeded its authority under the commerce clause
  in passing the Gun Free School Zone Act of 1990
• United States v. Morrison - court rules Congress
  exceeded its authority under the commerce clause
  in passing the Violence Against Women Act of 1994

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Federalism,the Supreme Court and the Eleventh
Amendment

• Decisions bolstered the authority of state
  governments
• Alden v. Maine (1999) state employees cant sue
  state for violating federal overtime pay law
• Kimel v. Florida Board of Regents (2000) state
  university employees cant sue state for
  violating federal age discrimination law
• However, in Nevada v. Holmes (2003) the court
  ruled that state employers must abide by the
  federal Family Medical Leave Act, which seeks to
  outlaw gender bias

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Washingtons state Constitution

• 1876 Ballot measured calling for convention
• 1878 Constitutional Conv. held in Walla Walla
• Feb 1889 Washington is considered for statehood
• July 1889 2nd Const. Conv. held in Olympia
• Nov 1889 Washington is admitted as 42nd State
• Delegates to WA Const. Conv. look to other state
  constitutions for models of what to do
• California, Oregon, Wisconsin, Indiana
• Framers of WA constitution were advocates of
  popular sovereignty and direct democracy

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Washingtons state Constitution

• Washington constitution focused on 4 areas
• (1) Individual Rights
• (2) Restricting the Legislature
• (3) Enhancing Democracy (Direct Democracy)
• (4) Restricting Private and Corporate power
• Washingtons Supreme Court was an early leader in
  constitutional jurisprudence by interpreting
  provisions of the state constitution in favor of
  individual rights

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Discussion Questions

• Should the U.S. federal government have the right
  to regulate marriage or is this best decided by
  each individual state? What are the advantages
  and disadvantages of each?
• Think about the Washington state constitution in
  contemporary federal system. How does our state
  constitutional jurisprudence reflect or determine
  Washingtons political culture?