Federalism
DO NOW
Nikki Haley, the governor of South
Carolina, has called for the removal of
a Confederate flag from the state
capitol's grounds. It will take a
majority vote in the state legislature
to remove the flag.
The flag was embraced by Dylann
Roof, the man accused of killing nine
black people in a church last week.
The Sons of Confederate Veterans, a
group that says it supports “heritage,
not hate”, says it will fight attempts
to remove the flag.
What does this controversy suggest
about regional divisions in the United
States?
The Pledge of Allegiance
I pledge allegiance to the flag of the United
States of America and to the Republic for which
it stands, one nation, under God, indivisible, with
liberty and justice for all.
The Pledge of Allegiance - Texas
Honor the Texas flag; I pledge allegiance to thee,
Texas, one state under God, one and indivisible.
The Pledge of Allegiance – Latvaria
I pledge allegiance to the flag of Latvaria and to
the dominion for which it stands; one nation,
under Doom, invincible and indivisible.
Learning objectives
• To describe the origins and development of
federal government
• To explain the relationship between
expressed, reserved and concurrent powers
• To evaluate the consequences of Federalism
for the United States
Learning resource
• ‘Crash Course’ has recently uploaded an entire
new sequence of lessons on US Government &
Politics
• Your lives just got a lot easier
What is Federalism?
Write a
definition of
federalism
using 30
words or
fewer
What is Federalism?
A political
principle
according to
which sovereign
powers is shared
between national
and state
governments.
How does Federalism work?
Draw a Venn diagram
with two large circles
and a good-sized
intersect. Use the
powers listed opposite to
complete the diagram in
order to show the
relationship between
expressed, reserved and
concurrent powers in the
United States.
Copyright laws
Declare war
Charter banks
Build roads
Set foreign policy
Est. armed forces
Conduct elections
Maintain schools
Borrow money
Criminal justice
Print money
Ratify treaties
Est. post offices
Regulate intra-state trade
Provide for public safety
Regulate inter-state trade
Est. local government
Expressed powers delegated to
the federal government
Powers reserved by the state
governments
Copyright laws
Maintain schools
Declare war
Conduct elections
Charter banks
Set foreign policy
Borrow money
Est. armed forces
Ratify treaties
Est. post offices
Regulate inter-state trade
Regulate intra-state trade
Criminal justice
Est. local government
Build roads
Provide for public safety
Print money
Concurrent (shared)
powers
50 self- governing states
(and several territories)
Federalism in Action
• We are going to investigate three different examples
of Federalism in action
• After each example, write down on your Post-it
notes any consequences that occur to you for life in
the United States
• We will revisit these consequences towards the end
of the lesson
Federalism in Action 1
Watch the video footage. What does this
suggest about the extent of Federalism in the
USA?
• http://www.youtube.com/watch?v=BmEkugfO
T-c
What does this
map show? Work
with a partner. You
have two minutes.
Click for the answer
“… 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 ‘marital 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.”
From R. Singh, American Government & Politics: A Concise Introduction (2003) p243
What does this extract and the previous example tell you about
Federalism in the United States?
Don’t forget local government
• There are more than 87,000 units of local
government in the United States today.
• Each of these local units is located within one of the
50 States. Each State has created these units
through its constitution and laws.
• Local governments, since they are created by States,
are exercising State law through their own means.
Origins of Federalism
The Framers of the Constitution were dedicated to
the concept of limited government. They were
convinced:
1. that governmental power poses a threat to
individual liberty
2. that therefore the exercise of governmental
power must be restrained; and
3. that to divide governmental power, as
federalism does, is to curb it and so prevent its
abuse.
Origins of Federalism
• However, Federalism as a word is not mentioned in the
Constitution.
• Federalism instead is implied throughout the
Constitution. For example ... the division of government
into three distinct groups ... the President is Commanderin-Chief ... Congress raises taxes etc ... i.e. power is
dispersed and checked and balanced
• The 10th Amendment reserved all remaining powers to
the States and the people
The Federalist Papers
• The Federalists were a
group that supported
a strong federal
government
• Argued for their
viewpoint by writing
the Federalist papers
• Led by three men
– Alexander Hamilton
– James Madison
– John Jay
The Authors
The papers’ authors were or became powerful political figures
–
–
–
Madison became a leading member of the U.S. House of
Representatives from Virginia (1789–1797), Secretary of State
(1801–1809), and ultimately the fourth President of the United
States.
Hamilton, who had been a leading advocate of national
constitutional reform throughout the 1780s and represented New
York at the Constitutional Convention, in 1789 became the first
Secretary of the Treasury, a post he held until his resignation in
1795.
John Jay, who had been secretary for foreign affairs under the
Articles of Confederation from 1784 through their expiration in
1789, became the first Chief Justice of the United States in 1789,
stepping down in 1795 to accept election as governor of New
York, a post he held for two terms, retiring in 1801.
The Federalist Papers (cont’d)
• A series of 85 letters to
the editor; 77
eventually published
• All letters were signed
“Publius” in honor of a
Roman Consul
• All letters attempted to
persuade people to
ratify the Constitution
• Controversial because
of opposition to Bill of
Rights
The Anti-Federalists
• Opposed the strong federal
government that was laid out
in the Constitution
• Favored local governments
closely controlled by the
people.
• Led by Patrick Henry and
included others like: Sam
Adams, George Mason,
James Monroe
• Thomas Jefferson showed
Anti-Federalist ideas, but did
not join the movement (was
living in France at the time)
An ever-changing union
• Westward Expansion
– From 13 colonies to 50 states
• Growth in Population
– 4 mn in 1790 to 321 mn in 2014
• Industrialisation
– Need for government regulation
• Communication
– As the nation grew, it shrank
• Events
– The Great Depression
An ever-changing union
• Foreign Policy
– Second World War caused the need for
centralised planning
• Supreme Court Decisions
– Decisions on the meaning of the constitution alter
the role of the Federal Government
• Constitutional Amendments
– These can alter the powers of States or Federal
Government
Phases of Federalism
Take a full page in your exercise books. Copy and complete the
table below based on pp27-32 of the A2 text book.
Phase
Years
Key
features
1787-1920
1930s-60s
1970s-2000s
2000-2008
2008 to date
Dual Federalism
1780-1920
• Associated with a collection of ‘unknown
presidents’
Large Focus on States Rights
• Federal Government limited to Money, War and
Peace
Layer Cake Federalism
• Divisions in Political Power are Clear Cut
Cooperative Federalism
1930s – 1960s
• Franklin Roosevelt, Harry Truman, John Kennedy, Lyndon Johnson
• Majority of the Presidents were Democrats
New Departments
• Defence (1949), Health, Education, & Welfare (1953), Transportation
(1966)
Large Increase in Categorical Grants
• Grants allocated to states by Federal Government for specific projects
Marble Cake
• Division in Political Power are less clear cut
New Federalism
1970s-2000
• Nixon, Ford, Reagan, Bush and Clinton
• Majority of the Presidents were Republicans
Shift back to State Power
• The Federal Government did not create the States;
the States created the Federal Government
Large Increase in Block Grants
• Grants allocated to states by Federal Government
for non specific purposes or general areas
Federalism Under ‘Dubbya’
Government spending
increased by 33% in 01-05
– Iraq War
– Homeland Security
– Expansions of Medicare
& Education
• No Child Left behind
– Wall Street and Banking
Collapse
Federalism Under Obama
Expansion of Federal
Government Role
• Obama Care
• GM Bailouts
BUT:
Willing to allow states to
pursue goals – pollution
permits in California
However:
Only does this when it suits
him to do so!
The Supremacy Clause
The Supremacy Clause in the Constitution establishes the Constitution and United
States laws as the “supreme Law of the Land”.
Pros and cons of Federalism
Sort the cards into two columns:
• One listing the pros of Federalism
• One listing the cons of Federalism
Try to rank each column in order of importance.
Be prepared to explain your ranking.
Pros
Cons
Federalism permits diversity
Federalism can hide economic and social
inequalities
Federalism is pluralist—it allows for different
political actors with different political views—
much like American society as a whole
Federalism frustrates the national will, making
solutions to problems harder to devise and/or
implement
Federalism increases the protection of
individual and minority rights
Federalism is a constant source of conflict
between states and government
States can function as ‘policy labs’, e.g. the
introduction of pollution permits in California
Federalism is highly bureaucratic, therefore
creating a costly system that is resistant to
change
Federalism is well-suited to a geographically
large and ethnically diverse nation
Consequences of Federalism
Watch the video footage. Does this affect your
view of the pros and cons of Federalism?
• http://www.youtube.com/watch?v=BmEkugfO
T-c
• http://www.youtube.com/watch?v=Qk1tTCk2
Kks
Consequences of Federalism
• Read through the briefing on the 2001 Patriot
Act.
• How does this illustrate the changing
relationship between the federal and state
governments?
Consequences of Federalism
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.
Consequences of Federalism
• Legal—laws differ greatly between states,
including on issues of vital importance to people’s
lives
• Political—states have different electoral systems,
different candidate selection processes; parties
are state-based
• Economic—the US tax system is complex: difficult
to understand and (arguably) easy to manipulate
• Regionalism—distinct cultures-can frustrate
federal policy, e.g. civil rights reform
Plenary
How far do you think the Founding Fathers’
concept of a federal state has been upheld?
Any
Questions?
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
The US
Constitution
allows each
citizen the right
to bare arms.
U.S. citizens, except for convicted felons and
those found mentally disabled, have the right
to possess firearms. Citizens in most States
may carry a handgun or other weapon in
public in a concealed or open manner, either
on one's person or in proximity, however many
states and cities heavily restrict this. Some
jurisdictions require a permit for concealed
carry, but most jurisdictions do not require a
permit for open carry, if allowed. A small
number of states and localities may require
licenses to own or purchase guns and
ammunition.
Why do
different
states do
different
things if
there is a
constitution
Any
Questions?
STUDENT RESOURCES
“… 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 ‘marital 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.”
From R. Singh, American Government & Politics: A Concise Introduction (2003) p243
What does this extract tell you about Federalism in the United
States?
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 expanded 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 four 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.
Federalism permits diversity
Federalism can hide economic and social
inequalities
Federalism is pluralist—it allows for different
political actors with different political views—
much like American society as a whole
Federalism frustrates the national will, making
solutions to problems harder to devise and/or
implement
Federalism increases the protection of
individual and minority rights
Federalism is a constant source of conflict
between states and government
States can function as ‘policy labs’, e.g. the
introduction of pollution permits in California
Federalism is highly bureaucratic, therefore
creating a costly system that is resistant to
change
Federalism is well-suited to a geographically
large and ethnically diverse nation
Expressed powers delegated to
the federal government
Powers reserved by the state
governments
Concurrent (shared)
powers