Federalism

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
Under Federalisms

• Federal government has power over
• Economic issues
• Military
• Defense

• State government has power over issues that deal
  with
• Social
• Moral
• family

3
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

4
Patriot Act
Social Security
Naturalization
Discrimination
Gay marriage
License
Elections
Health Care
Immigration enforcement
Education
commerce
IRS
5
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

6
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

7

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

8
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

9
What about the State Powers?

• By the late 20th century
• 10th Amendment had little relevance
• Lopez v US (1995)
• What happen?

10
Hot Issues over Federalism

• Hot issues today
• Gay marriage
• Medical (coverage, drugs, social security)
• Environment
• Energy