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 SELECTIVE INCORPORATION