Federalism Discussion
There are three basic strategies for vertically organizing a country’s government. There
is the Federal system used by the United States, where both the national and state
levels have powers specific to their layer, powers denied to them, powers they share
and some powers specific to the level. There is the unitary system used by Great
Britain, where all power is held by the national government and any local government
power is held at the whim of the national government. Finally, there are
Confederations, such as the United States under the Articles of Confederation period
or the Confederate States of America during the Civil War.
Look at the three scenarios listed below and discuss how each system might work, or
not work, within each of the scenarios. Have one person from your group record a
summary of your discussion for each of the 3 scenario situations:
Scenario 1: Four states at the end of a large, navigable river become alarmed
when the water table drops due to states up the river system damming the
tributary rivers and streams to provide water for their cities and towns, a
water reserve the agricultural community can use for irrigation and the
general population can use for recreational purposes. There is concern the
large river may lose its navigability if present trends continue.
Scenario 2: A local “Save the Park” organization forms to keep a small park
and lake from being sold to a local university to be made into much needed
parking for the university.
Scenario 3: A Civil Rights organization is formed to improve the living and
working conditions of a previously oppressed minority through the nation.
Federalism
Latin for “Covenant”
Federalist supporters of the new constitution
argued three points for the new system.
1. Prevents tyranny
2. Helps increase public participation
3. A testing ground for new policy
Federalism is…
➢
A system of government in which political
authority is divided between a national
government, and its political subdivisions (such
as states)
➢
In the U.S., the
national government
and the Constitution
are supreme over
states
the
Federalism & the Constitution
The Federal
Government has
implied powers from
the necessary & proper
clause or “elastic
clause” (ex: create a
national bank)
The U.S. Constitution
is the supreme law
of the land
(National Supremacy
Clause)
The 10th Amendment
reserves powers to the
states (ex: education,
law enforcement, etc.)
The Federal
Government has
expressed powers
specifically granted in
the Constitution (tax,
regulate commerce,
declare war, etc.)
Responsibilities of the NATIONAL
government to the STATE
governments.
1. Guarantee of a representative government.
(Article V-provides that the amendment process cannot be used to deny
any state equal suffrage or representation in the senate.)
1. Protection against foreign invasion and
domestic violence. (Art. IV)
2. Respect for territorial integrity. (Art. IV)
3. Support and financial help. (Art. I Sec. 8)
Responsibilities of the STATE
governments to the NATIONAL
government
1. Conduct national elections. (Art. I Sec. 4)
2. Enforce the laws. (Art. IV)
Responsibilities of the STATES to other
STATES (Art. IV)
1.
2.
3.
4.
5.
No interstate compacts. (Art. I, Sec. 10)
Full faith and credit
Privileges and immunities
Extradition of the accused
Admission of new states on equal footing
by Congress –Enabling Act and Act of
Admission
Federalist No. 51
Madison tells us that the shifting support
between the two levels will keep each in
check…..
Federalist No. 28
Alexander Hamilton,, suggested that both levels
of government would exercise authority to the
citizens' benefit: "If their [the peoples'] rights
are invaded by either, they can make use of
the other as the instrument of redress."
Era’s of Federalism
Use your guided notes!
Federalism and immigration
• http://www.click2houston.com/news/suprem
e-court-sets-election-year-clash-onimmigration
Federalism & the
U.S. Supreme Court
McCulloch v.
Maryland (1819)
➢Marshall
1)
2)
Court’s Decision:
National bank constitutional using
“necessary & proper clause”
States do not have the right to tax a federal
institution (“the power to tax is the power to
destroy”) based on Supremacy Clause
Gibbons v. Ogden (1824)
Marshall Court’s
Decision:
■Only
Congress
can regulate
interstate
commerce
Gitlow v. New York (1925)
Taft Court’s Decision:
■SCOTUS
rules for the first
time that the Bill of Rights
limits the states as well as
the federal government
■Establishes the
“Selective Incorporation
Doctrine”
U.S. v. Lopez (1995)
Rehnquist Court’s Decision:
➢ Struck down the Gun-Free-School-Zone Act
because Congress exceeded its authority to
legislate
➢ Rare victory for the states
McDonald v. Chicago (2010)
Roberts Court Decision
➢ Struck down Chicago’s strict handgun ban
and said the 2nd Amendment can limit the
states.
Obergefell v. Hodges (2015)
Roberts Court Decision:
➢ The 14th Amendment requires States to license a
marriage between two people of the same sex
➢ States must recognize a marriage between two
people of the same sex when their marriage was
lawfully licensed and performed out-of-State.
Selective Incorporation
■
■
■
a.k.a. The Incorporation Doctrine
The legal doctrine by which portions of the
Bill of Rights are applied to the states
The Due Process Clause of the 14th Amend.
What are the merits of a federal
system?
A federal system:
• Offers the means to unify a country at the same time
that it respects the uniqueness of the different
institutions or levels of government
• Supplies the best means of developing a new country
in a natural and spontaneous way
• Prevents the rise of a despotic central government
Federalism and local self-government:
• Self-government stimulates the interests of the people;
sustains local political life; educates citizens in their
duties, teaches perpetual vigilance to attain the goals
of a good administration; liberty and collective
prosperity
• Federalism diminishes risks
The Merits of a Federal system cont..
• Federalism enables people to experiment
• Federalism distributes power in such a way that it relieves the
national legislature of duties that would prove otherwise too
heavy for it
• The American Constitution provides the national government
direct authority over all citizens while at the same time
empowering the states as well
– Both states and the national government look for mediation through
an independent body
How did the government get so
large?
“No one planned the growth, but everyone
played a part in it.”
Reasons for growth:
1. National or global scope to problems- states
could supervise small business but needed
national government to oversee national
corporations.
2. Industrialization- business groups quickly
discovered the national government had
more money and assistance than the states.
(pre-Civil War national government was
distant and foreign)
3. Since Great Depression-welfare,
unemployment, agriculture help, WWII
regulations of price controls, wages, GI Bill,
etc.
4. Politicians-presidents, judges, federal
administrators, especially Congress reacts to
pressure to create new initiatives and there is
rarely a counter pressure.
Devolution Revolution
“era of big government is over”
Send federal functions back to the states--???
Do the states want those responsibilities back or
new demands on their budgets?
Centralists vs. Decentralists
Centralists-those who favor national action.
(nationalists)
Decentralists- those who favor action at the state
and local levels. (states’ righters)
The constitutional arguments
revolving around federalism grew out
of the specific political issues.
Did the national government have the authority
to outlaw slavery?
Did states have the authority to operate racially
segregated schools?
Could Congress regulate labor relations?
Centralists’ Arguments
1.
(national government agent of the people/state governments
speak for only some!)
State and local officials tend to be less competent than national
officials.
2. State and local officials tend to be concerned only with the
interests of their own areas.
3. State and local governments are unable or unwilling to raise
taxes needed to carry out vital government functions.
4. State and local governments are more apt to reflect local racial
and ethnic biases, as well as bias toward dominate local
industries.
5. State and local government are afraid to regulate industries for
fear the industries will move elsewhere.
(John Marshall, Lincoln, FDR and historically Supreme Court)
Decentralists’ Argument
(state governments closer to the people-national government
should be an agent of the sovereign states)
1. Increased urbanization has made states more
responsive to the needs of the cities.
2. Recently state and local governments have
shown greater willingness to raise taxes.
3. State and local governments have become as
sensitive to the needs of the poor and minorities
as the national government.
4. State and local governments have reformed and
modernized and are now more effective.
(Jefferson, Reagan, Bush, Rehnquist, Supreme Court 1920-1937)