Federalism

States into a NationThis presentation is the property of Dr. Kevin Parsneau for use by him and his current students. No other person may use or reprint without his permission.

Questions:

• What is federalism and what are its most important features?

• Why federalism?

• What historical events have altered the balance of power between the states and the federal government?

• What are the current controversies about federalism?

• Are we ever going to work this out and is there even a permanent solution?

• Federalism: a system in which power is divided between a central government and subnational/ regional governments (states).

• Unitary: a system where a national government creates subnational subgovernments as administrative units (Great Britain)

Features of Federal

• Federal, State and Concurrent Powers • Supremacy Clause• Implied Powers—“Elastic Clause” • Regulate commerce—“Commerce Clause”• States’ Rights (10th Amendment)• Full Faith and Credit Clause

Federal Powers

• Expressed Powers– Regulate Commerce and Trade– Foreign Relations, War and Peace– Coin and Print money– Raise and Support Military– Establish Post Offices and Roads– Naturalization and Immigration

• Implied Powers (Elastic Clause)

State Powers

• States had powers prior to the Constitution– Regulate Trade within State– Establish local Government– Conduct Elections and Set Voter Qualifications– Incorporate Businesses, license professionals– Make Marriage Laws

• Reserved Powers (10th Amendment)

Concurrent Powers

• Powers of federal and state governments– Taxation– Borrow Money– Establish Courts– Charter Banks– Enforce Laws and Punish Criminals

Supremacy Clause

• “This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.”

Implied Powers

• Powers of the federal government not specifically expressed but implied through the interpretation of the delegated powers.

• McCulloch v. Maryland (1819)

Elastic Clause• “To make all laws which shall be necessary

and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.”

Commerce Clause

• “ The Congress shall have power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; ”– Gibbon v. Ogden (1824)– Much of the federal government’s current

regulatory authority comes from the broad interpretation of the Commerce Clause

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.”

Full Faith and Credit Clause

• “Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.”

Why Federalism?

• Practicality

• Control Faction

• Natural?

Rise of the Federal Government

• Dual federalism (1780s- approx. 1930)• Cooperative federalism (since 1930)

Dual Federalism

• Dual federalism: Constitution is an agreement among states and thus the powers of the federal government are appropriately limited, and the powers and responsibilities are clearly divided between states and federal government.

Cooperative Federalism

• Cooperative federalism: Constitution is an agreement among people who are citizens of both states and nation, and powers and responsibilities are blurred and mixed between states and federal government.

Historic Events

• Rise of the national government– Louisiana Purchase (1803)– Civil War (1861-65)– Progressive Era (1880-1920 TR [1901-1909]) – FDR—New Deal/ WWII (1932-45)– Cold War (1945-91)– Great Society (1961-1968)

Historic Events (cont.)

• Return of the States– New Federalism (1970s)– Reforming New Federalism – “Devolution” (Newt Gingrich 1994-1999)

Features of New Federalism

• Federal Money Administered by the States– Formula Grants– Grants-in-aid– Categorical Grants– Block grants

• Mandates and Unfunded Mandates?

Controversies

• Can we find a fair balance?• Can states address all the problems? • Can federal understand all the local

situations?• Are states rational units of administration ?

Some Thoughts

• Federalism divides power between national and state governments.• State autonomy• National supremacy

• Federalism • Natural solution• Further divides power

• Growth of national government through our history• Civil War, WWI, Great Depression, WWII…

• Balancing power and practicality