Consequences of Federalism
Learning Objectives
• To identify and explain the consequences of
federalism
- Legal
- Political
- Economic
- Regionalism
Why Federalism?
Western expansion - Needed someone to intervene, manage this
growth
Amendments – 14th allowed fed govt to end segregation, 16th –impose
tax
Population - 4 million to 300, needed a big government to manage
Industrialisation - Needed regulation, standardisation,
Communication - Improvements brought nation closer, needed
regulation, standardisation
Great depression - States needed the resources that national
government had. New deal central government huge expenditureincreased power of fed government
Foreign policy - WW2 and events in wider world gave federal govt wider
role
S/C cases - interpreted the implied powers of the constitution
The State in American Bedrooms
“…crossing a state boundary can involve ‘stepping into another
moral universe’. Oral sex for example, was illegal in 15 of the 50
states as late as 1999. Adultery remained a crime in 24 of them.
Eight states had prohibited the sale, though not the use of ‘martial
aids’. Thirty-three states had no statute relating to fornication, but
in 17 it was considered a misdemeanour or felony. Incest was a
felony in 48 states but only a misdemeanour in Virginia and did not
even merit a statute in Rhode Island. Prostitution was only a
misdemeanour in most states but the strongest condemnatory
language in American sex law was reserved for sodomy, although
23 states had no statutes at all pertaining to the practice.
Theoretically the state of Alabama allows sex with donkeys and
corpses (no law exists against either bestiality or necrophilia), but
punishes oral sex between husbands and wives.”
Robert Singh, American Government & Politics p243
Consequences of Federalism
• Legal
• Different laws on many things
• Political, states have different electoral laws,
different candidate selection processes, punch
cards, touch screen, parties are state based
• Economic , complex tax system
• Regionalism, distinct cultures-can block
federal policy.
Consequences of Federalism
State laws are often of greater significance to
citizens since they influence their daily lives.
Legal Consequences
Political Consequences
Economic Consequences
Regionalism
Legal Consequences
• Laws differ greatly between states, especially
on age of marriage, driving regulations, death
penalty, drugs, and local taxation. E.g. Oregon
has doctor assisted suicide.
Political Consequences
• Each state has different electoral methods.
• Different candidate selection, different
mechanisms for polling, e.g punch cards,/touch
screen. Montana had 100% postal ballot.
• Contributed to issues of 2000 election.
• Parties are state based. Virginia Republicans are
more liberal than South Carolina Republicans,
therefore relative lack of party unity in Congress
Economic Consequences
• Complex tax system as both fed and state
govts can raise income tax
• Property and sales tax differ between states
Regionalism
• Very distinct cultures in the different regions
in the country. E.g. Bible belt very different to
New England.
Consider the Patriot Act 2001 after 9/11.
“A range of powers given to law enforcement agencies for the purposes of fighting terrorism.”
Is this constitutional?
USA Patriot Act
2001
Unites and
strengthens
America
Provides
appropriate tools
required to
intercept and
obstruct
terrorism
Impinges on
Civil Liberties
Extensive
powers given
to FBI
Guantanamo
Bay detainees
without
proper trial.
The USA PATRIOT Act (commonly known as the "Patriot Act") is an Act of the U.S. Congress and
signed into law by President George W. Bush on October 26, 2001. The title of the Act is a
contrived acronym, which stands for Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.
The Act dramatically reduced restrictions on law enforcement agencies' ability to search
telephone, e-mail communications, medical, financial, and other records; eased restrictions on
foreign intelligence gathering within the United States; expanded the Secretary of the Treasury’s
authority to regulate financial transactions, particularly those involving foreign individuals and
entities; and broadened the discretion of law enforcement and immigration authorities in
detaining and deporting people suspected of terrorism-related acts. The act also expanded the
definition of terrorism to include domestic terrorism, thus enlarging the number of activities to
which the USA PATRIOT Act’s expanded law enforcement powers could be applied.
The Act was passed by wide margins in both houses of Congress and was supported by
members of both the Republican and Democratic parties. Many of the act's provisions were to
sunset beginning December 31, 2005, approximately 4 years after its passage. In the months
preceding the sunset date, supporters of the act pushed to make its sunsetting provisions
permanent, while critics sought to revise various sections to enhance civil liberty protections. In
July 2005, the U.S. Senate passed a reauthorization bill with substantial changes to several
sections of the act, while the House reauthorization bill kept most of the act's original language.
The two bills were then reconciled in a conference committee that was criticized by Senators
from both the Republican and Democratic parties for ignoring civil liberty concerns. The bill,
which removed most of the changes from the Senate version, passed Congress on March 2,
2006, and was signed into law by President George W. Bush on March 9 and 10, 2006.
Questions
How did the Patriot Act impact federalism?
Do you know of any other examples of
either power moving towards the
central federal government, or power
moving towards the state
governments?
How far do you think the Founding Fathers’ concept of a
federal state has been upheld?
Evidence of move towards
centre
Evidence of continuing
significance of federalism
How far do you think the Founding Fathers’
concept of a federal state has been upheld?
Essay Planning
• What were the FF’s beliefs?
• Growth of Federal power
• Stages of federalism
• Bush /Obama federalism
• Protected states rights (research Gonzales v
Oregon)
• Liberal/conservatives position
• Effects of economic domestic/and international
crisis
Homework
• EXAM QUESTION
• Reading and Note Taking, Chapter 6, p222-229
The Creation of the Presidency
Powers of the President
EXAM QUESTION
‘Federal government increasingly
dominates state governments in
the USA.’ Discuss.