Chapter 3- Federalism

Federalism
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Terms in this set (24)
Federalism
A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).
-The distribution of power between the federal and state governments

-A system where national and state governments each have defined powers, with some being shared by both and some being denied to both.
pros:
- System provides consistency; national gov makes laws but local and state gov can make decisions that better meets the needs of the people (everyday stuff)
-does a better job representing the people than a unitary system would
- practices pragmatism:Running a country the size of the United States, with such a diverse population, is much easier to do if power is given to local officials. Likewise, state and local officials are closer to the problems of their areas, so it makes sense for them to choose policies to solve those problems.
-creates laboratories of Democracy: State governments can experiment with policies, and other states (and the federal government) can learn from their successes and failures.
Example: California has frequently led the nation in environmental regulations: Many measures adopted by California are subsequently adopted by other states. And during the 1990s, Wisconsin governor Tommy Thompson experimented with welfare policy, and those experiments influenced federal welfare reform.
- encourages pluralism: Federal systems expand government on national, state, and local levels, giving people more access to leaders and opportunities to get involved in their government.
- ensures seperation of powers:Even if one person or group took control of all three branches of the federal government, federalism ensures that state governments would still function independently. Federalism, therefore, fulfills the framers' vision of a governmental structure that ensures liberty.

Cons:
Prevents The Creation Of A National Policy: The United States does not have a single policy on issues; instead, it has fifty-one policies, which often leads to confusion.

Leads To A Lack Of Accountability: The overlap of the boundaries among national and state governments makes it tricky to assign blame for failed policies.

Stark economic differences across states have a profound effect on the well-being of citizens. For example, in 2014, Maryland had the highest median household income ($73,971), while Mississippi had the lowest ($39,680).[5]
There are also huge disparities in school funding across states. In 2013, New York spent $19,818 per student for elementary and secondary education, while Utah spent $6,555.[6]
Furthermore, health-care access, costs, and quality vary greatly across states.[7]
Proponents of social justice contend that federalism has tended to obstruct national efforts to effectively even out these disparities.

-Lack of communication: Ex: 9/11, pandemic
-Confusion: different states have different laws- Ex: gun laws, cannabis
pros & cons of federalism
1) The U.S. Constitution
is the supreme law
of the land
(National Supremacy Clause)

AND>.......

2) The Federal Government has expressed powers specifically granted in the Constitution (tax, regulate commerce, declare war, etc.

states.... BRUH
ok fine....

3)RESERVED POWERS: The 10th Amendment reserves powers to the states (ex: education, law enforcement, etc.)

BUtttt..

4) The Federal Government has implied powers from the necessary & proper clause or "elastic clause" (ex: create a national bank)
Ex: Congress National Bank, Environmental Protection, Healthcare, regulating television & broadcasting
**Interstate commerce & tax is used the most b/c of elastic clause
Federalism & the Constitution
Dual Federalism (1789-1932)

-over the 200 years, federalism evolved

- When country first started, it was mostly strict constructionlist: first 120 years, we were strict in our interpretation=dual federalism

*Dual federalism: fed system of government, but there are strict lines in what national,state, and local government does (clear def in what the three levels do)

Ex: Prior to 1932, it would be unprecedented of for the national gov tell how the states how to handle marriage laws, education, civil rights education, business regulation

1900s-1932: system started changing why?
-Great Depression was a turning point in which national gov got very involved in helping states create jobs and programs
- also progressive era

- Today we have a cooperative federalism government
-Federal and state governments are co-equals, each sovereign
-Narrow interpretation of the Constitution
Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, foreign affairs)
-State have greater role and powers (ex: public education, race relations)

***Doctrine holding that the national government is supreme in its sphere, the states are supreme in theirs, and the two spheres should be kept separate
**LAYER CAKE
Cooperative Federalism

states rely on fed government for funding= fed gov: your going to do things our way
Ex: Civil rights era, Disabilities in students act=reg education for each students (special education), Americans with disabilities act


**Fed: Cooperative federalism
**Anti-Fed: Dual federalism
-National government clearly supreme over the states with wide interpretation of the "necessary and proper clause" (Article I, Sect. 8 of the Constitution, also known as the "elastic clause.")

-Federal government intervenes or assists in some areas traditionally left to the states (ex: education, health care, civil rights)
Began with the New Deal in the 1930s

- Downfall: can create confusion as lines of responsibility are blurred. Think Katrina, 9/11, healthcare, Flint lead poisoning, etc.

**stresses federalism as a system of intergovernmental relations in delivering governmental goods and services to the people and calls for cooperation among various levels of government.
Marbury v. Madison (1803)
The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress, (the Judiciary Act of 1789).

-M v M: Established judicial review; First time Supreme Court passed down an legisaltive law; set the precedent for Supreme Court to do strike down case
Expressed powers of Congress: Congress passed judiciary act; election of 1800: democratic republicans is in power for the first time; Adams appoints federalists to judge positions to stop Jefferson from doing anything
McCulloch v Maryland
An 1819 Supreme Court decision that established the supremacy of the national government over state governments. In deciding this case, Chief Justice John Marshall and his colleagues held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution.
Can a state tax a federal agency like a bank?
Can congress make a national bank if its not in the Constitution Is this a part of implied powers?=yes!
Ruling: On both accounts, Congress CAN make a national bank and Marylaynd CANT tax: Ex: VH can´t tax the post office b/c its a federal post office = takeaways: National Gov is supreme to state

1) national gov is supreme to state
key Takeaways from McCulloch vs Maryland
U.S v Lopez

***U.S V Lopez vs Mculloah V Madison difference:
Supreme Court does not always side with the national government
Congress cannot use Commerce Clause to make gun possession at school a crime; upheld state sovereignty

*Case is a particularly significant case because it marked the first time in half a century that the Court held Congress had overstepped its power under the Commerce Clause.
Extradition
According to this clause, any person who is charged with a crime and tries to run to another state can be forced by the local authorities to return to the original state.

-Legal process whereby an alleged criminal offender is surrendered by the officials of one states to officials of the state in which the crime is alleged to have been committed.
Interstate compact - An agreement among two or more states.
Full Faith and Credit ClauseClause in the Constitution (Article IV, Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid Ex: If someone has a valid issue in one state, then that license is honored in another state Ex: Issue: Same-sex marriages? Will it get honored in another state Ex: Divorce; dad pays child support in ILlinois and he can not move to flordia to get out of it; Flordia court has to respect Illinois courtPrivileges and ImmunitiesA state cannot unreasonably discriminate against citizens of other states. -"the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. Ex: Ex: If you are a ILlinoian and go to Alabama, still have the same rights as an Alabama citizen same rights and privileges in any stateFiscal FederalismFederal government using money ( block or categorical grants) to influence & control states. -a concept of federalism where funding is appropriated by the federal government to the states with specific conditions attached. -sharing of financial burden= state and local governments being reliant on federal money & funds the legislation can be in the form of mandates. spending in policy areas like education and transportation, and the type and total level of taxation present across areas.1) Categorical: money given from the federal government to state with a specific purpose (only for highways et.., food stamps ) Federal grants for specific purposes AKA:project grants 2) Block: Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services Ex: Fed gives ILlinois & CHicago money for ¨homeland services¨=pretty broad; states can exercise more discretion on how the money is being spent 3) Formula: money given to states w/ a formula attached to it Ex: Medicaid: insurance for poverty level families; to qualify that, they have to be 33% above the federal term for poverty level (Gov giving money, there is a certain formula for those who can qualify to use it)3 types of grantsGranta financial award given by a government agency to a private individual or group in order to carry out a specific task -money that one level of gov is giving to another level of governmentMandate (unfunded mandate)fed gov passes a law that everyone must follow AKA_____ -Requirements that direct states and local governments to provide additional services under the threat of penalties or as a condition of the the receipt of federal grant money.Ex: If you do not have a building that does not comply with ADA (no ramp), then gov will come in and ask them to change it; mandates cost business money but the fed gov does not give money for them to do it Ex: VH; individuals rep visually impaired; redo website or we will sue (based off the ADA); we did not get paid to fix it Ex: Minimum Wage is unfunded mandate: raises minimum wage but does not give those business the funds to balance it out Ex: Basically: You just have to do what they say and they will not help you! Ex: Oil companies, coal companies: you must renovate facilities to comply with environmental protection measures ***Private Sector, De Facto Examples) NCLB, Medicaid, Minimum Wage, Obamacare, ADA, Clean Air and Water Acts, Homeland Security ActWhy is it called unfunded mandate?confederate governmenta system of government where nations group or join, making it their central government. This government is vested with powers previously held by its independent states.How does a federal constitution differ from a confederacy? The states alone are sovereigns in a confederacy, whereas sovereignty is divided between the central and the state governments in a federal constitution. ... a state has the constitutional right to nullify a national law.How does a federal constitution differ from a Confederacy?intergovernmental relationsThe workings of the federal system- the entire set of interactions among national, state, and local governments. the activities and interactions that enable a federal system to function or not function . . -are the interactions and the interrelationships between levels and units of government in a complex, multi-layered (federal) system of government.tenth amendmentThe powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.enumerated powersnecessary & proper clause -Delegated (sometimes called enumerated or expressed) powers are specifically granted to the federal government in Article I, Section 8 of the Constitution. This includes the power to coin money, to regulate commerce, to declare war, to raise and maintain armed forces, and to establish a Post Office.Gibbons v. OgdenThis case involved New York trying to grant a monopoly on waterborne trade between New York and New Jersey. Judge Marshal, of the Supreme Court, sternly reminded the state of New York that the Constitution gives Congress alone the control of interstate commerce. Marshal's decision, in 1824, was a major blow on states' rights. *****establishing the principle that states cannot, by legislative enactment, interfere with the power of Congress to regulate commerce.devolutionthe transfer of powers and responsibilities from the federal government to the states - ____ territories have the power to make legislation relevant to the area, thus granting them a higher level of autonomy.