TYPES OF GOVERNMENT
Federalism
Unitary Government- Central has all the power
Confederation
FEDERALISM
Intergovernmental Relations
 Why is it important?
 Decentralization Policies- Abortion, healthcare, environment
 Politics-Voting per state- not just Federal
DIVISION OF POWER
Vertical Federalism
 Supremacy Clause
 Const., Laws of the Federal Gov’t, Treaties with other nations
 All State Judges are bound by the Const.
 Hierarchy of Power- Candy Corn
 What happens when the Federal government does not fulfill obligations?
AMENDMENTS
National Government has to work within its boundaries
 10th- powers not delegated to the Fed, and not specifically denied to states
 U.S. v. Darby- States can only do what they are told
 National League of Cities V. Usery 1976-State Supreme
 1985- Garcia v. San Antonio Metro- Overturn- Congress will make the decisions
 11th- Protects states from being sued for Fed Regulation (2001)
HOW TO ESTABLISH NATIONAL SUPREMACY
Implied Powers
 McCulloch v Maryland-National Bank
 Maryland Taxes the Federal Bank
 1. Supremacy of national gov’t over state- if aligned w/Const.
 2. Implied Powers from- Enumerated Powers AISec8
 Coin Money, Regulate Value, Tax
 “Necessary and Proper Clause”/Elastic Clause- for Exec
 Stretch to Fit- Build Highways, Protect Consumers
Agenda- How do I get out of this?
HOW TO ESTABLISH NATIONAL SUPREMACY
Commerce power Regulate Interstate and International Commerce
 Gibbons v. Ogden
 Define Commerce- Signals, electric, telephone messages, Inst., etc….
 Keeps Expanding- Regulate Commerce not Promote
Gibbons
Federal License
Ogden
State License
ALFONSO LOPEZ V. US (1995)
Gun Free School Zones Act (1990)
 It shall be unlawful for any individual knowingly to possess a firearm….[in] a
school zone.
 Whoever violates [this law] shall be fined not more than $5,000, imprisoned
for not more than 5 years, or both.
THE KEY QUESTION is not whether or not this law would make schools safer, but
rather does the Constitution give Congress the right to regulate guns in school.
HOW TO ESTABLISH NATIONAL SUPREMACY
Civil War
 Slavery and the Struggle between the Fed and State
 Lincoln support Slavery if it Saved the Union
 Can’t allow state sovereignty
HOW TO ESTABLISH NATIONAL SUPREMACY
Racial Equality
 1954 Brown v. Board of Education
 Segregation was unconstitutional
 Univ. of Alabama- Wallace Stops from Entering
 Society changes the expansion- MEDIA
NEW DAY
STATE TO STATE
Horizontal Federalism
 Extradition
 Privileges and Immunities
 Texans treated the same as Cali's in Calif.
 What about out of state tuition?
 Define?
 Full Faith and Credit Clause
FULL FAITH & CREDIT CLAUSE
ARTICLE IV, SECTION 1
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.
DEFENSE
OF
MARRIAGE
ACT
No state need treat a relationship between persons of the same
sex as a marriage, even if the relationship is considered a
marriage in another state.
Federal definition of Marriage = One Woman + One Man
Full Faith & Credit vs. DOMA
Which is more powerful?
FULL FAITH & CREDIT CLAUSE
ARTICLE IV, SECTION 1
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.
US v. Windsor (2013)
“nor shall any person…be deprived of life, liberty, or property,
without due process of law.” – 5th Amendment
MEDICINAL
MARIJUANA
In Gonzales v. Raich (2005) the court ruled 6-3
that the Feds could overrule state laws
permitting marijuana because of commerce.
“It is not the job of the court to decide whether or not Congress made a
good law by ruling medicinal marijuana illegal but to decide whether or
not they acted within their powers. For a national commodity, such as
marijuana, and the Congresses ability to regulate interstate commerce,
they certainly acted appropriately.” – John Paul Stevens
DUAL V. COOPERATIVE FEDERALISM
Dual Federalism- Fed and State are supreme in their spheres
Exclusive Powers- given only the Federal (Money Trade Treaties)
Delegated- powers given by the const. – Expressed, implied, inherent
Concurrent -power to tax, build roads, establish bankruptcy laws, and to create
lower courts.
Cooperative Federalism- Sate and Federal Share Powers-Marble Cake
Changing slowly
 1958- National Defense Educational Act- grants for Elem, and Secondary Science
 1965- More for schools- desegregate
 NCLB-performing standards
DUAL V. COOPERATIVE FEDERALISM
Cooperative Procedures
 Share Cost
 Fed Guidelines- give money to follow
 Shared Administration- freedom to spend how they like
DEVOLUTION/DECENTRALIZATION
Return Responsibility to the States
 Speed Limit, welfare, state prisoner
 Reagan
Since 1990’s (Not happening)– Republicans Federal Government needs to help
states make decisions (hippy control)
 Healthcare, NCLB, Harsher punishments
DEVOLUTION
Returning power from the central government (the circle) to the states
(the squares).
If there’s a Devil in
Devolution…what is
author’s main point?
Another way to
look at
devolution.
Fiscal Federalism
The Federal Government using $$$ to get states to
do things they otherwise don’t have to.
THE FEDS WANT THE STATES TO DO
SOMETHING, THE FEDS CAN EITHER…
1. MANDATE the states to do it. These
mandates can either be fully, partially, or
unfunded. Feds must have the
constitutional authority to issue the
mandate.
2. Give the states grants. States usually
need more money so they accept the
grants even if there are significant strings
attached. Congress is able to use money
to usurp state power because when the
states voluntarily take the money they also
sign on the dotted line to accept all the
conditions of the grant.
`
The Federal government can gain powers
they don’t constitutionally have by offering
money to states. Once the state takes the
money, they’re on the hook.
The Feds will give
$x million for light
rail transit if the
state also throws in
$x million.
State wins a
MATCHING
GRANT
The Feds will give $x million for a
bridge, but… the state has to pay
for an extensive
environmental
impact statement
and…
lower the blood
alcohol content for a
DUI to 0.08 and…
hire welfare
State wins a
recipients on the job
CATEGORICAL
site and…
GRANT
`
The Federal government can gain powers
they don’t constitutionally have by offering
money to states. Once the state takes the
money, they’re on the hook.
The Feds will give the
state $x million for
Welfare. The state
creates and
administers its own
program and spends
the $ the way they
wish as long as it’s
spent on Welfare.
State wins a
MATCHING
GRANT
State wins a
CATEGORICAL
GRANT
State wins a
BLOCK GRANT
GRANT BREAKDOWN
Categorical Grants- main source of funds
 Specific purpose with conditions
 Ex. Equal Opportunity Act of 1982
 Crossover Sanctions- influence amount of money to highway if don’t raise
drinking age
 Crosscutting- Usually Title VI of 1964 Civil Rights Act
 I discrimination, you lose all funding
Block Grants- automatically given and have more discretion when spent (1966)
Formula Grants- fit formula, more money
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