Federalism Defining the powers of National and State Governments

Transcription

1 Chapter 4 Federalism Defiig the powers of Natioal ad State Govermets

2

3 Origis of the Federal System o o Uder the Articles, the U.S. was govered by a cofederatio. Natioal govermet derives power from states o Led to weak atioal govermet o Framers remedied problems with a federal system Federal system U.S. was the first coutry to adopt a federal system of govermet The atioal govermet ad state govermets derive all authority from the people. Differet from uitary system o The local ad regioal govermets derive all authority from a strog atioal govermet.

4

5 Natioal Powers Uder the Costitutio o Eumerated Powers 17 specific powers grated to Cogress o Article 1, sectio 8 of the U.S. Costitutio o Taxatio o Coiage of moey o Regulatio of commerce o Natioal defese Necessary ad Proper Clause o Implied Powers Supremacy Clause o Madates that atioal law is supreme to all other laws passed by the states or by ay other subdivisio of govermet

6 State Powers Uder the Costitutio o Article 1 Allows states to determie time, place, ad maer of electios for House Represetatives ad Seators o o o Article II Requires that each state appoit electors to vote for presidet Article IV Privileges ad immuities clause Republica form of govermet Protectio agaist foreig attacks ad domestic rebellio Teth Amedmet States powers described here Reserve (or police) powers

7 Cocurret Powers o Cocurret powers Authority possessed by both state ad atioal govermets ad exercised cocurretly (at the same time) as log as that power is ot exclusively withi the scope of atioal power or i coflict with atioal law o Power to tax (states already had this oe) o Right to borrow moey o Establish courts o Make ad eforce laws to carry out these powers

8

9 Deied Powers o States caot Eter ito treaties Coi moey Impair obligatio of cotracts Caot eter ito compacts with other states without cogressioal approval Deied the authority to take arbitrary actios affectig costitutioal rights ad liberties Caot pass a bill of attaider No ex post facto laws o Cogress caot o Favor oe state over aother i regulatig commerce o Caot lay duties o items exported from ay state o Caot pass a bill of attaider Laws fidig a particular party guilty without trial o No ex post facto laws No covictios for breakig a law prior to its eactmet

10 Relatios Amog the States o Mechaisms for iterstate disputes Directly settled by U.S. Supreme Court uder its origial jurisdictio Full Faith ad Credit Clause o Esures judicial decrees ad cotracts made i oe state will be bidig ad eforceable i others o States ca vary cosiderably o social issuesimplicatios? Privileges ad Immuities Clause Extraditio Clause Iterstate compacts o Over 200 exist today o Cotracts betwee states that carry the force of law - Drivers Licese Compact o Coset of Cogress

11 Relatios Withi the States: Local Govermet o Local govermets authority ot grated by the people but through state govermets States establish or charter their admiistrative subdivisios. Local govermets carry out or execute the duties of state govermets o smaller scale.

12 Federalism ad the Marshall Court o Two ruligs i the early 1800s had a major impact o the balace of power betwee atioal ad state govermets. McCulloch v. Marylad (1819) o Upheld power of atioal govermet ad deied the right of state to tax atioal bak Gibbos v. Ogde (1824) o Upheld broad cogressioal power to regulate iterstate commerce

13 Dual Federalism: The Taey Court, Slavery, ad the Civil War o Dual Federalism Belief that havig separate ad equally powerful levels of govermet works best Implicatio: Natioal govermet should ot exceed its costitutioally eumerated powers ad all other powers are, ad should be, reserved to the states or the people. o Dred Scott v. Sadford (1857) Declared the Missouri Compromise ucostitutioal Cogress lacked the authority to ba slavery i the territories.

14 The Civil War, Its Aftermath, ad the Cotiuatio of Dual Federalism o Natioal govermet grew i size ad powers after Civil War ( ) 13th, 14th, ad 15th Amedmets o Prohibited slavery ad grated civil ad political rights to Africa Americas Supreme Court adhered to cocept of dual federalism o Plessy v. Ferguso (1896) o Cofusio over regulatio of commerce o Icosistet ruligs o scope of atioal power

15 Settig the Stage for a Stroger Natioal Govermet o Sixteeth Amedmet (1911) Authorized Cogress to eact a atioal icome tax o Supreme Court had foud cogressioal legislatio i this area ucostitutioal o Seveteeth Amedmet (1913) Made seators directly elected by the people Removed their selectio from state legislatures

16 Differet Eras of Federalism o Dual Federalism I o Dual Federalism II o Cooperative Federalism o Creative Federalism o Devolutio o Today????

17 The Chagig Nature of Federalism: From Layer Cake to Marble Cake o Layer cake federalism Each layer, atioal, state ad local, had clearly defied powers ad resposibilities. After the New Deal, the ature of the federal system chaged. o Marble cake metaphor o Cooperative federalism The relatioship betwee the atioal ad state govermets that bega with the New Deal

18 Cooperative Federalism: New Deal ad Growth of Natioal Govermet o Great Depressio Bak failures (1920s) 1921 slump i agricultural prices 1926 costructio idustry wet ito declie 1929 (summer) ivetories of cosumer goods ad cars were at a all-time high October 29, 1929, stock market crashed

19 Cooperative Federalism: New Deal ad Growth of Natioal Govermet o The New Deal ( ) Itese govermetal activity o the atioal level Respose to Great Depressio required the exercise of tremedous atioal authority o New agecies ad programs Supreme Court worried about scope of these programs i terms of regulatig commerce ad the ecoomy o Court-packig pla respose to ati-new Deal court decisios New programs required cooperatio across all levels of govermet.

20 Federal Grats ad Natioal Efforts to Ifluece the States o Morrill Lad Grat Act of 1862 o New Deal o Most grats were categorical grats. Grat for which Cogress appropriates fuds for a specific purpose States could accept or ot but if accepted they must do exactly what the Federal Govermet said

21 Creative Federalism Ifluecig Local Govermet Lydo Johso has a Better Idea o 1960s War o Poverty o Educatio Legislatio o Medicaid/Medicare Direct assistace to states, local govermets, ad citize groups Grats used to push atioal ageda rather tha respod to state demads o Ufuded Madates o Court Decisios Expasio of Crimial Rights Griswold v CT Roe v Wade

22 Devolutio: Returig Power to the States o New Federalism Federal/state relatioship proposed by Reaga admiistratio durig the 1980 Retur admiistrative powers to the state govermets o Reaga Revolutio Block grats o Broad grat with few strigs attached o Give to states by federal govermet for activity i specified area (educatio or health services, for example)

23 Devolutio: Returig Power to the States o The Devolutio Revolutio Cotract with America Ufuded Madates o Natioal laws that direct states or local govermets to comply with federal rules ad regulatios but cotai o federal fudig to help pay the cost of meetig those requiremets Persoal Resposibility ad Work Opportuity Recociliatio Act of 1996

24 Devolutio: Returig Power to the States o Federalism Uder the Bush Admiistratio Budget shortfalls at federal ad state level States raised taxes ad cut services; received aid from federal govermet Federal govermet expaded post 9/11 o Departmet of Homelad Security o No Child Left Behid Example of preemptio Viewed by may as a uprecedeted usurpatio of state ad local powers

25 The Supreme Court: A Retur to States Rights? o o From New Deal to 1980s: Court has geerally expaded atioal authority at the expese of the states Begiig i 1980s: Court iterpretatios altered Willigess to allow Cogress to regulate i a variety of areas waed Webster v. Reproductive Health Services (1989) Steberg v. Carhart (2000) U.S. v. Lopez (1995) Sovereig immuity o Right of a state to be free from lawsuit uless it gives permissio to the suit o Uder the 11 th Amedmet, all states are cosidered sovereig. Questios regardig the Courts future directio

26

27 Amedig the Costitutio: The Bill of Rights o First te amedmets to the U.S. Costitutio o Specific protectios of persoal rights o Freedom of expressio, speech, religio, ad assembly o Right to bear arms ad o quarterig of soldiers resposes to British rule o o Nith Amedmet: eumerated rights are ot iclusive Teth Amedmet: powers ot give to the atioal govermet are reserved by the states or the people

28 Formal Amedmet Process First step Proposal This is the way all 27 amedmets have begu! or

29 Formal Amedmet Process Secod Step Ratificatio OR Used 26 Times Used 1 Time

30 Formal Amedmet Process Most Commo 26 of 27 Times

31 Formal Amedmet Process

32 Iformal Methods of Amedig the Costitutio o Judicial Iterpretatio o Marbury v. Madiso (1803) o What should gover judicial iterpretatio? o Framers itet? o Elastic, flexible documet that could coform to ages? o Lawmakig Cogress iterpretig what fufillig the Costitutio says

33 Iformal Methods of Amedig the Costitutio o Presidetial Actios Eforcig Legislatio Executive Orders o Political Party Actios Goverig Electoral College o Social ad Cultural Chage

34