Federalism: Forging a Nation Chapter 3
Federalism: National and State Sovereignty The Argument for Federalism Authority divided into two levels: national and regional each directly governs the people and derives its authority from them Protects liberty checks and balances Moderates the power of the national government large republic is less likely to have all powerful factions Strengthens the union overcome the problems of the Articles of Confederation 2009 McGraw-Hill Higher Education. All rights reserved. 2
Federalism: National and State Sovereignty The Powers of the Nation Enumerated (expressed) powers 17 powers secure defense & stable commerce Article VI - Supremacy clause Implied powers Necessary and proper clause Elastic clause - the authority to take action that is not expressly authorized by the Constitution but that supports actions that are expressly authorized 2009 McGraw-Hill Higher Education. All rights reserved. 3
Federalism: National and State Sovereignty The Powers of the States Oversight of local matters: public education and safety The national government would take responsibility for a strong defense and sound economy while the states would retain nearly all other functions Tenth Amendment: reserved powers 2009 McGraw-Hill Higher Education. All rights reserved. 4
Figure 3-1 Federalism as a Governing System: Examples of National, State, and Concurrent Powers 2009 McGraw-Hill Higher Education. All rights reserved. 5
Federalism in Historical Perspective Two levels of authority would be sure to conflict from time to time Framers provided vagueness in the Constitution so that flexibility would be sought between the two levels An indestructible union (1789-1865) The nationalist view: McCulloch v. Maryland (1819) The states -rights view: the Dred Scott Decision (1857) 2009 McGraw-Hill Higher Education. All rights reserved. 6
Federalism in Historical Perspective Dual federalism and laissez-faire capitalism (1865-1937) Dual federalism: separation of national from state power was possible and desirable Who would regulate business? Would the federal government be allowed to intervene to ensure fair treatment of African Americans? This era was characterized by state supremacy in racial policy and business supremacy in commerce policy The Fourteenth Amendment and state discretion Plessy v. Ferguson 2009 McGraw-Hill Higher Education. All rights reserved. 7
DUAL FEDERALISM Judicial protection of business: Supreme Court limited national power Laissez faire capitalism Corporations were persons Courts narrowly interpreted the national government s commerce power National authority prevails starting in 1937 Court packing by Roosevelt The court who had originally ruled much of the New Deal unconstitutional now had a majority of Democrats The court granted Congress the authority to broadly apply its commerce powers Brown v. BOE national citizenship 2009 McGraw-Hill Higher Education. All rights reserved. 8
Federalism Today 1930s and on have shown a continued expansion of national authority Great Society programs The ability to tax without being hurt population wise Interdependency and intergovernmental relations Cooperative federalism: shared policy responsibilities National, state, and local levels work together Joint funding, administration, and determination of programs 2009 McGraw-Hill Higher Education. All rights reserved. 9
Federalism Today Government revenues and intergovernmental relations Fiscal federalism: federal funds used for state programs Grants in aid (cash payments) If states accept the money they must spend it in the way specified by congress Categorical and block grants Federal funds restricted to certain state programs Federal funds for state programs addressed to a general concern 2009 McGraw-Hill Higher Education. All rights reserved. 10
Federalism Today Devolution Shift of power from national government to states New federalism The Republican Revolution reduce unfunded mandates, increase block grants Welfare Reform Act of 1996 Devolution, judicial style United States v. Lopez 11 th amendment 2009 McGraw-Hill Higher Education. All rights reserved. 11
The Public s Influence Setting the boundaries of federal-state power Roosevelt s New Deal jobs during the Great Depression Lyndon Johnson s Great Society increased social services in 1960s Republican Revolution rolled back federal authority in 1990s Framers felt that Americans would shift their loyalties between the nation and the states according to their needs at that time 2009 McGraw-Hill Higher Education. All rights reserved. 12