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Shea, Green, and Smith
Living Democracy, Second Edition
Chapter 3:
Federalism
Chapter 3: Federalism
Dividing Governmental
Authority
In the compound republic of America, the
power surrendered by the people is first divided
between two distinct governments, and then
the portion allotted to each subdivided among
distinct and separate departments. Hence a
double security arises to the right of the people.
James Madison,
Federalist No. 51
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Dividing Governmental
Authority
Our federal system of government has often
been a source of conflict.
How do we decide which powers should rest
with the states and which should belong to the
national government?
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Dividing Governmental
Authority
Is the federal government getting too big to
provide an effective response to local problems?
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Why Divide Authority in the
First Place?
The Constitution may
have never been
ratified if the
Framers had pushed
for a unitary system.
Federalism was a
compromise, allowing
the states to maintain
their independence.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Student Profile: Harkirat Hansra
Sikh, living in California
Moved to activism following changed
climate after September 11, 2001
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
The Evolution of Federalism
“State-Centered Federalism”
1787 to 1868
From the adoption of the Constitution to the
end of the Civil War, the states were the most
important units of the American Federal
System.
McCulloch v. Maryland was decided during
this phase.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Pathways Profile: John Marshall
Chief Justice, 1801–1835
Marbury v. Madison, 1803
McCulloch v. Maryland, 1818
–used Constitution’s necessary
and proper clause
His opinions helped to weaken
states’ rights.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Evolution of Federalism
Doctrine of Nullification
– Each state could declare any laws or actions of the
national government “null and void.”
Doctrine of Secession
– States could choose to withdraw from the United
States if they wanted.
– Used by the Confederate States in the Civil War.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Pathways of Action:
The Civil War and the Failure
of American Politics
Counter-example, with no legitimate
pathway taken
Violence used instead
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Evolution of Federalism
“Dual Federalism”
1868 to 1913
In this phase, the national government narrowly
interpreted its delegated powers and the states
continued to decide most domestic policy issues.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Evolution of Federalism
After the Civil War,
industrialization and
urbanization created
new challenges for the
federal system.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Evolution of Federalism
Federal Power:
The Supreme Court and the New Deal
Franklin D. Roosevelt was elected in 1932, in the
midst of the Great Depression.
Supreme Court blocked many of his New Deal laws.
Roosevelt responded with a “court-packing” plan.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Evolution of Federalism
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Past Trends in Federalism
Cooperative Federalism
1913 to 1964
The system was likened to a
marble cake in that “as the
colors are mixed in a marble
cake, so functions are mixed in
the American federal system.”
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Past Trends in Federalism
The Great Society and Creative Federalism
The presidency of
Lyndon B. Johnson
(1963–1969) marked
a critical point in
the evolution of
federalism.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Past Trends in Federalism
The Great Society and Creative Federalism
Johnson’s “Great Society”
– War on Poverty
Federal funds were directed to
states, local government, and a
wide variety of social programs.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Past Trends in Federalism
The Great Society and Creative Federalism
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Past Trends in Federalism
The Great Society and Creative Federalism
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Past Trends in Federalism
The Changing Nature of Federal Grants
Grants-in-Aid
Federal funds given to state and local governments
on the condition that the money be spent for
specified purposes, defined by officials in
Washington.
In 2004, the federal government spent
$418,091,000,000 in grants-in-aid to
state and local government.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Past Trends in Federalism
The Changing Nature of Federal Grants
Block grants
Federal funds given to states, which have
discretion in spending the money
In 1996 there was a shift from Categorical
Grants to Block Grants.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Recent Trends in Federalism
Ronald Reagan sought to return more
power and responsibility to the states.
“Government is not the solution;
it’s the problem.”
–Ronald Reagan
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Recent Trends in Federalism
Dillon’s Rule v. Home Rule
John Dillon, Iowa Supreme Court
–New definition of the
relationship between state
and local governments
Home Rule
City governments free, except
where prohibited by state law.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Recent Trends in Federalism
Devolution
The Republican “Contract
with America” called for
devolution—the transfer
of political and economic
power to the states.
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Recent Trends in Federalism
The Supreme Court’s Shift in Perspective
Beginning in 1995, justices interested in granting more
deference to state authority gained a slim five-to-four
majority in the Supreme Court.
• United States v. Lopez (1995)
• Printz v. United States (1997)
• United States v. Morrison (2000)
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman
Chapter 3: Federalism
Pathways of Change
from Around the World:
Ukraine
Ukrainian movements
– Orange Revolution
– Nashi youth movement
Freedom fighters, or tool of the Kremlin?
Shea, Green, and Smith, Living Democracy, Second Edition
Copyright 2009 Pearson Longman