Federalism

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Federalism

• US Govt Beckman
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Federalism

• What is Federalism?
• Power is constitutionally divided between a
  central government and regional governments
  (states)
• Most democracies are Unitarian central
  government has complete power over constituent
  units

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Why Federalism?

• Hamilton
• Prevent Tyranny of government by dividing power
  between nation and state
• More opportunities for citizen participation
• Allows states to experiment with their own laws

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Why Federalism?

• Also, only choice framers had
• States were not going to give up all of their
  power to a central government
• States were very different and had different
  economies
• Is and was a big country
• Needed different governments

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Evolution of Federalism

• Original Idea
• States would do most of what needed to be done
• National government would have certain
  enumerated or express powers
• Look at Article I, Section 8 of Constitution
• States were the most important entity into the
  20th century (10th amendment)

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Make a Three Column Chart

• What decisions do you believe your parents or
  guardians should make for you?
• What decisions should you be able to make
  yourself?
• What decisions should be made cooperatively?

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Analyze your responses

• Did every student in the class have the same
  perspective about who should make certain
  decisions?
• Have you and your parents or guardians ever had a
  conflict over who gets to make certain decisions?
  
• Why is it important that some decisions are made
  exclusively by parents or guardians?

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Should the States or the Federal Government

• admit new states
• provide for public safety
• borrow money
• establish and maintain schools
• negotiate treaties with foreign countries
• protect public health
• determine the qualifications of voters
• set up a post office
• set rules for immigration
• maintain the state militia (aka the National
  Guard)

• declare and engage in war
• conduct elections
• print and coin money
• govern marriage laws
• maintain an army, navy, and air force
• regulate interstate and foreign commerce
• regulate intrastate commerce
• punish lawbreakers
• levy and collect taxes
• protect the rights of citizens
• set traffic standards

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Federalism National, State, and Concurrent Powers
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How Federalism has Changed

• Originally Dual Federalism
• Each level has its own specified powers
• Analogous to a Layer Cake
• Now Cooperative Federalism
• Shared powers, not separate
• More like a Marble Cake

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Evolution of Federalism

• In 20th Century the scope of national government
  expanded dramatically
• Why?
• National effort required for the World Wars, the
  Great Depression, etc.
• How has the world changed since 1787?
• Technological, Industrial, and Economic Growth
  required organization and oversight on a national
  level

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How did the National Government Grow?

• Different roles clearly spelled out in
  Constitution
• 10th amendment reserves most power to the states
• The Civil War was essentially fought over the
  relative power of State and Federal governments
• Note the federal power in 13th, 14th, 15th
  amendments
• This remains a contentious topic

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How does your Government Grow?

• If we were willing to fight a Civil War over the
  balance of power between the state and federal
  governments and the Constitution clearly spells
  out those powers, HOW has the central government
  taken on so much power?
• Primarily and Constitutional Interpretation
• State and Local governments receive a lot of
  federal funding
• This money comes with strings
• He who pays the piper calls the tune
• This is why the drinking age is 21 nationwide

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Federal Grants to State and Local Governments
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How does your Government Grow?

• Constitution is vague
• Interpreted to allow the federal government
  implied powers
• Article I, Section 8
• Necessary and Proper (Elastic) clause
• Commerce clause (can you think of any commerce
  that is carried out solely within one state?)
• Article VI, Section 1 Supremacy clause

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Commerce Clause

• Why would we want the Federal government to
  regulate commerce?
• 50 different rules would be inefficient for
  business

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Smokestack Chasing

• We live in a mobile society
• States are competing for jobs
• In order to attract business, how much emphasis
  do they place on business regulation, worker
  protections, environmental regulations, etc.?
• If want certain levels of these things, must do
  at the federal level
• Otherwise problems can Spill Over from one
  state to another
• This is why conservatives support states rights

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Recent Changes

• The erosion of state authority has turned around
  in recent years
• The Rehnquist Court has made a number of
  decisions giving the states broad sovereign
  immunity from federal laws
• Limits the ability of individuals to sue state
  entities for overtime pay, patent infringement,
  or discriminatory practices