THE CONSTITUTIONALITY OF FEDERALISM SUPREMACY CLAUSE: Article VI, Sec 2 states that the Constitution, all laws passed by Congress and treaties shall be the supreme law of the land. Necessary & Proper/elastic clause: Article I, Sec 8 gives Congress the power to make all laws necessary and proper to carry out its enumerated powers. COMMERCE CLAUSE: Article I, Sec 8 gives congress the power to regulate trade between states, foreign countries, Indian tribes etc.
FULL FAITH & CREDIT CLAUSE: Article IV, Sec. I states that the states must respect each other s public acts, records, and judicial proceedings Privileges and immunities clause: Article IV, Sec. II: Ensures that a person from one state will be treated in the same manner as a resident of another state. ***Tenth Amendment***: Reserves all powers not enumerated to the federal government to the states.
BENEFITS of Federalism Protects against the tyranny of the majority Promotes unity without uniformity States become laboratories for new policy ideas Encourages political participation
Original intent: ***dual/layer cake federalism Each level has specific powers (1790s-1930s) Today: ***Cooperative/Marble Cake Federalism Shared powers & responsibilities (1930s-PRESENT)
FEDERAL GOVERNMENT (Delegated Powers) Regulate foreign and interstate commerce Coin (produce) money Provide armed forces Declare War Establish Federal courts below Supreme Court Foreign Relations Federal and State Govts. (CONCURRENT POWERS) Levy Taxes Borrow Money Spend for General Welfare Establish Courts Enact & Enforce Laws (Reserved Powers 10 th Amend.) STATE GOVERNMENTS Regulate intrastate (internal) commerce Establish Local Government systems Administer Elections Protect public health, welfare and morals
The power of the federal government over the states has grown primarily due to three clauses of the Constitution: SUPREMACY CLAUSE Necessary & Proper Clause Commerce Clause The states have resisted federal encroachment with the 10 th Amendment
McCulloch v Maryland: Established federal supremacy Relevant Clauses: Supremacy; Necessary & Proper Gibbons v Ogden: Established federal supremacy over interstate commerce. Relevant Clauses: Commerce Clause Heart of Atlanta Motel v U.S.: Congress may use the commerce clause to force some private businesses to desegregate Relevant Clauses: Commerce Clause U.S. v Lopez: Limited congress use of the commerce clause Relevant Clauses: Commerce Clause; 10 th Amendment
Grants-In-Aid 3 types I. Formula grants ($$$ X #OF POOR PEOPLE) II. Project Grants (States submit proposals) III.Block Grants (States have discretion on how to spend the $$$)
Conditions of Aid: States must follow federal guidelines in order to receive money Examples: States must implement federal testing guidelines to receive education money States must follow USDA guidelines for school meals.
POSITIVE INTENT Civil RIGHTS legislation Osha regulations EPA (Environmental Protection Agency) Rules ADA Negative Impact Often unfunded Federal courts Can mandate state actions through court decisions (School busing, Prison Reform) Often reflect federal not state goals
CATEGORICAL GRANT HIGHWAY CONSTRUCTION Given for a specific purpose
BLOCK GRANT MEDICAID UNEMPLOYMENT WELFARE JOB TRAINING Feds determine the size of the pie State determines the size of each slice
DEVOLUTION Transferring responsibility/power from the feds back to the states. WHY? Distrust of the federal government Federal spending seen as wasteful Belief that state governments know better how to meet local problems. HOW? Block Grants SCOTUS 10 th Amendment Rulings EX: U.S. v. Lopez (1995)
States resemble direct democracies more-so than republics because citizens often have direct control over the fate of laws. Three ways citizens can exercise their power are: Referendum: A proposal by citizens to repeal an unpopular law. Example: Referendums on repealing state adoption of Common Core standards.
INITIATIVE: Citizens directly proposing and voting a law or state constitutional amendment into effect. Example: Michigan s vote to legalize medical marijuana began as a ballot initiative. Recall Election: Citizens CALLING FOR A SPECIAL ELECTION TO REPLACE A STATE OR LOCAL OFFICIAL BEFORE THEIR TERM EXPIRES. Example: Unions in Wisconsin recently tried to recall their governor and failed. All three initiated via petition.
States must respect each other s laws and court decisions including extradition of criminals (Full Faith & Credit Clause) Interstate Compacts: must be approved by Congress Interstate Disputes: Settled by SCOTUS