The Changing Nature of American Federalism

1
The Changing Nature of American Federalism

• Dr. Marvin K. Hoffman
• Professor of Political Science
• Appalachian State University
• Boone, North Carolina USA

2
(No Transcript)
3
(No Transcript)
4
Federalism A Definition

• A system that involves sharing of powers between
  a national government and sub-national units,
  such as states or provinces.

5
American Federalism

• Phase I Articles of Confederation
• Phase II Adoption of the U.S. Constitution
• Phase III National Sovereignty Begins
• Phase IV The Civil War and its effect on the
  Union
• Phase V Modern Federalism

6
Phase I Articles of Confederation (1777-1787)

• Transition of Colonies to States with
• a. States separate, sovereign and equal
• b. Problems with money, commerce, disputes
• c. Very weak national government
• Enumerated powers unanimous consent to modify
• d. No President

7
Phase II Creating the U.S. Constitution-1787

• To remedy the defects of the Articles of
  Confederation, states sent delegates to make
  modifications
• Instead, after debate, they decided to create a
  new document.
• In doing so, they chose to ignore the rules set
  out in the Articles (i.e. unanimous consent for
  modifications)

8
The New Constitution

• A President
• A bicameral Congress
• Federal courts
• Uniform system of money, regulation of commerce
  between the states, supremacy clause
• Grant of new powers to National Government

9
Beginnings of Federalism in the United States

• Article I, Section 8
• Enumerated Powers
• Implied Powers Necessary and Proper
• Supremacy Clause
• This Constitution, and the Laws of the United
  States which shall be made in Pursuance
  thereofshall be the supreme Law of the Land and
  the Judges in every State shall be bound thereby

10
Federalist Papers

• Newspaper articles circulated in the states to
  explain the advantages of the new Constitution
• Written by Alexander Hamilton, John Jay and James
  Madison

11
Federalist X James Madison

• You cannot eliminate the causes of faction, you
  must control the effects
• To protect freedom, create a situation in which
  various interests compete for power and jealously
  guard their power.
• House vs. Senate
• Congress vs. President
• Interests of one state over another

12
Fears Over Too Much National Power

• Solemn Promise to add a Bill of Rights in
  Amendments 1-10
• Tenth 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.

13
Phase III -Federalism Changes Under the Supreme
Court

• Marbury vs. Madison -1803
• First time the Supreme Court struck down a law
  passed by Congress as being unconstitutional.
• Basis for all subsequent judicial review.

14
McCulloch vs. Maryland - 1819

• Congress created the Bank of the United States
• The State of Maryland levied a tax on all out of
  state banks.
• McCulloch refused to pay the tax
• Maryland courts backed Maryland and said the Bank
  of the US was unconstitutional
• US Supreme Court used necessary and proper clause
  to approve bank and said no state could regulate
  activities of the national government.

15
Phase IV The Civil War

• 13th Amendment outlawed slavery
• 14th Amendment forced states to give their
  citizens all rights of US citizens, including due
  process.
• 15th Amendment outlawed race or color as factors
  in determining who could vote.

16
State Sentiment Today about Federalism

• Good
• Extensive variety of grants available to the
  States from the National government to carry out
  national priorities.
• Bad
• Federal laws and court decisions telling the
  states what they have to do.

17
Monetary Grants to States for

• Highways and Airports
• Libraries, Arts and Museums
• Schools and Teachers
• Police, Fire, Medical
• Parks
• Water and Sewer

18
Court Decisions that Anger Conservatives

• Brown vs. Board of Education-1954
• Racial segregation in schools
• Baker vs. Carr-1962
• Apportionment of legislatures
• Miranda vs. Arizona-1966
• Right to counsel of persons accused of crimes
• Roe vs. Wade-1973
• Abortion legalized

19
The Struggle Over the Court