Federalism

EQ: How has federalism shaped the

administration of public policy and how do
state, local and national governments work
within the federal framework today?
Federalism Defined
The sharing of power between a central government and
equally sovereign regional governments, became a key part of
the framework to secure liberty while also dividing respective
powers among multiple authorities.
Federal v. Unitary Government
Constitutional Provisions That Guide
Federalism
• Article I, Section 8—Enumerated powers of Congress,
including the necessary and proper clause
• Article I, Section 9—Powers denied Congress; no
regulating slave trade before 1808; states to be treated
uniformly
• Article I, Section 10—Powers denied to the states, such
as treaties; impairing contracts
Constitutional Provisions That Guide
Federalism
• Article IV—Full faith and credit; privileges and
immunities; extradition
• Article VI—Supremacy of the national government
• 9th Amendment—Rights not listed reserved by the
people
• 10th Amendment—Powers not delegated to the
federal government reserved by the states
 The States’ Power
• States already had prisons, state militias, and
other services when the federal system was
created.
• States’ power
• Elections
• Marriage laws
• Maintenance of deeds and records
• Police Powers—create and enforce laws on
health, safety and morals
• Operate Hospitals and clinics
 Types of Powers
• Delegated Powers (Expressed Powers)—those the
Constitution delegates to the federal government
• Article I, Section 8, Articles II & III
• Reserved Powers—Not specifically listed, and thus
any powers not mentioned remain with the states
• Concurrent power—held by authorities at both
levels
 Quick Write
If Education, Elections, and most Law Enforcement
are left to the state then why:
Department of Education?
Federal Elections Commission?
FBI?
Same Sex Marriage?
 Beginning Divisions
• 48/59 seats in The House of Representatives were
Federalist
• 18/20 seats in the Senate were Federalist
• Federalists steered the new ship of state, national
politics divided Americans into two camps.
• The familiar debate over national strength
versus states’ rights and individual liberties
continued to shape the U.S. into two-party
nation.
• National Bank—Washington requested opinions on
the bank idea from his secretaries.
 National Bank
• Washington requested opinions on the bank idea
from his secretaries, Jefferson and Hamilton
• Jefferson expressed the that bank was improper
and Congress had no power to create it.
• Strict constructionist
• Hamilton believed that if the Constitution did
not forbid it something, then it permitted it.
• Washington and the Federalist Congress
went with Hamilton and established the first
Bank of the United States in 1791.
 Whiskey Rebellion
• Federal Tax on Whiskey—first tax placed on a domestic
product in 1791—on all distilled spirits
• Burdened whiskey distillers of the backcountry
• Opponents sharply challenged the new national
government and refused to pay federal tax collectors.
• Washington summoned the militia for several states
• 13,000 soldiers answered Washington’s call and put
down the rebellion.
• But strengthened a developing Jeffersonian faction
• Numerous Federalist foes condemned the
Administration for it brutal display of force.
 States’ Rights
• Compact Theory—the 13 sovereign states, in creating
the federal government, had entered into a compact, or
contract, regarding jurisdiction
• In response to the Alien and Sedition Acts
• Jefferson
• This challenged the authority of the federal judicial
branch and the supremacy of national laws.
• Nullification—the right to declare null and void any
federal law if a state thought the law violated the
Constitution.
• The doctrine of nullification disappeared after the
Civil War
 Quick Write
Should states have the ability to nullify laws that they
think are unconstitutional? Why or why not?
 Supreme Court
• McCulloch v. Maryland (1819)
• Can Congress create a bank?
• Yes, implied power
• Coin money, borrow money, collect taxes, laws
on bankruptcy
• Can a state levy a tax on federal institutions?
• No, Elastic Clause and Supremacy clause
• “the power to tax involves the power to
destroy…”
• Gibbons v. Ogden (1824)
• As interstate navigation fell under interstate
commerce, New York could not interfere with it,
and the law was therefore invalid.
 Dual Federalism
• Gibbons decision led to dual federalism since the
national government did not engage too much legislation
regarding commerce.
• The national government being supreme in its sphere
and the states being supreme in their sphere.
• States still had some rights to commerce within their
borders
• Selective exclusiveness
• A doctrine asserting that only Congress may
regulate when the commodity requires a national
uniform rule.
 Supreme Court
• Hammer v. Dagenhart (1918)
• The Keating-Owen Child Labor Act prohibited the
interstate shipment of goods produced by child
labor.
• Constitutional?
• No
• Production was not commerce, and thus
outside the power of Congress to regulate
• And the regulation of production was reserved
by the Tenth Amendment to the states
National Concerns, State
Obligations
• State and federal governments generally stayed with dual
federalism until the early 20th century.
• What changed?
• Congress’s increased use of the commerce clause
• The Progressive Movement (1890-1920)
• Federal Income Tax (16th Amendment;1913)
• Direct elections of Senators (17th Amendment:
lessened State Legislatures’ powers)
• FDR’s New Deal
• Minimum Wage ($.25/hour, 1938)
• Was upheld and overturned Hammer
 Federal Grant Program
• Congress has dedicated itself to addressing national
issues with federal dollars
• revenue sharing, cooperative federalism, or fiscal
federalism
• Congress has encouraged, or required states to
address safety, crime, education, and civil rights
through grants-in-aid.
• Increased under Progressive Era, New Deal,
Great Society, 19th amendment
Grants Through the Mid-1900s
• After the Revolution high ranking soldiers received
land grants for their service
• 1862 Congress parceled out land to encourage
states to build colleges
• In modern times Congress has provided money to
states to take care of improvements in the
environment, education, unemployment, interstate
highways, welfare, and health care
 Grants-in-Aid
• In the early 1900s, most grants were grants-in-Aid with
conditions attached.
• Many were matching grants.
• Congress started using grants heavily in 1916 to fund
road construction.
• Conflict between the 10th Amendment and accepting
federal funds.
• States did not want to cede their authority, but at the
same time, wanted the funds to carry out states needs.
• Categorical grants—grants with particular
congressional guidelines or requirements.
• Describe the
characters, objects,
and actions in this
cartoon.
• How does the text
help convey the
message?
• What perspective
about federalism is
the cartoonist trying
to convey?
• What is the
implication of the
cartoonist’s
perspective or
argument?
 Societal Concerns of the 1960s &1970s
• Civil Rights and school desegregation, clean air and clean
water, and concern for crime gained national interest.
• 1964 Civil Rights Act withheld dollars from schools that
did not fully desegregate
• Under President Johnson, the federal government
increased the number of grants for poverty and health
care.
• 1966 Congress introduced block grants—large sums of
money to states to care of large, overarching purpose
without the strings of categorical grants—more power
for local governments.
• Democrats led the efforts for the early block grants
• President Nixon wanted to return greater authority to
local governments.
 Block Grants
• Nixon started to give money states in larger, less
restrictive ways, using block grants.
• Congress soon realized that they lose authority and
benefits with block grants.
• Additionally, block grants took away Congress’s role of
oversight.
• Politically, block grants denied individual
representatives and senators the ability to claim credit.
• The number of block grants decreased drastically
between 1966 and 1980, and categorical grants
became the norm.
 Marble Cake Federalism
• The results of Nixon’s changes contributed to a
phenomenon of mixing state and federal authority
that had already begun.
• Remember that with Dual Federalism everything is
stacked
 Cooperative Federalism
• Marble cake federalism
• Federalism has become a hodgepodge of
government authorities and even mixed with the
private sector.
• Federal grants are awarded to local nonprofits
that help develop and clean up communities.
 New Federalism
• States have come to depend on Federal Money
• But the strings can be costly
• Wages
• Environmental impact
• Hiring guidelines
• Early 1980s Congress offered large sums of money to
states on the condition that states increase their
drinking age to 21.
• upkeep of highways
• ease drunk driving
• By 1984, most states had raised their drinking age
to 21.
 Mandates
• Different that conditions of aid
• Federal mandates require state to comply with a
federal directive, with or without money.
• Often address civil rights, environmental concerns, and
other societal needs.
• The Clean Air Act Amendments
• Americans with Disabilities Act
• FMLA
• Civil Rights Restoration Act
• National Voter Registration Act (Motor Voter law)
 Devolution
• Devolving some of the responsibilities assumed by
the federal government over the years back to the
states—1994—Republicans
• Unfunded Mandate Reform Act
• Personal Responsibility and Work Opportunity
Reconciliation Act
• United States v. Lopez (1995)
• Does Congress have the authority under the
commerce clause to outlaw guns near schools?
• No
 Education and Federalism
• Creation and management of schools was largely left to the
states until 1960s.
• Why the change?
• Racial desegregation of public schools
• Cold War competition with Soviet Union
• Department of Education—October 1979
• No Child Left Behind—Bipartisan support-2002
• Every child can learn and that schools and states should
be held accountable for student learning.
• Congress only provide 8% of the funding for the
program
• Unrealistic goals
• Obama’s Race to the Top—2009
• Every Student Succeeds Act—2015