POLITICAL SCIENCE DISCUSSION 1
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Ch_3_Federalism.pptxFEDERALISM The Changing Boundaries Between the Nation and the States
Chapter 3
Questions to Consider
How is power dispersed in American federalism?
How have the powers of the national and state governments evolved over the nation’s history?
What factors influence relations between national and state governments today?
Federalism: The Tension Between National and State Power
The ultimate political authority in the American representative democracy rests with the people, but that this authority is divided between two levels of government – the nation and the states.
Tensions Between National and State Power
Gonzales v. Raich
Precedent in Wickard v. Filburn
Further changes in state law for marijuana
Unchanged federal law
Impossible to enforce
Constitution and legal history defines boundaries between nation and states
Shifting and changing boundaries
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Connecting to the Stories
What challenges to American federalism are posed by medical and recreational marijuana laws in the United States in the 21st century?
What issues remain unresolved?
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Federalism Defined
Federalism: A structure of governance that places the people’s authority in two or more levels of government.
The Framers settled on the federalist system, in which power is shared between state and federal governments.
Powers Defined
Concurrent Powers: Powers granted to both states and the federal government in the United States constitution.
Enumerated Powers: Powers explicitly granted to the national government via the Constitution.
Implied Powers: Powers not textually granted to a government, but considered valid in order to carry out the enumerated powers.
Reserved Powers: Powers reserved to American states if not textually granted to the federal government.
Prohibited Powers: Powers that are denied to either or both levels of government.
Regional and Local Governments
Constitution does not describe powers past those of the states
Essentially two levels of government in American Federal System
Local governments granted power by the states
Shaping American Federalism
The Constitution lays out much of the framework of American federalism, but not in one clear, neatly defined section.
Instead, multiple clauses and sections attempt to define its basic boundaries.
The Development of American Federalism
The boundaries between the authority of national and state authority have changed over time.
Many of these changes have come about as a result of United States Supreme Court decisions in interpreting the Constitution.
Federalism Concerns
What political concerns did Chief Justice John Marshall have to contend with in issuing early decisions that shaped American federalism?
States’ Rights
Federal Authority
Supremacy Clause
Commerce Clause
Necessary and Proper Clause
Slavery
The Division Of Power
The necessary and proper clause or “elastic clause” of the Constitution gives Congress implied powers to carry out its enumerated powers.
The supremacy clause (Article VI) declares federal law supreme when national and state laws collide.
THE EVOLUTION OF INTERGOVERNMENTAL RELATIONS
1789-1832: Federalists and Antifederalists struggled over the power federal government should exercise.
Congress asserted federal authority by establishing a national bank over objections of state banking interests.
McCulloch v. Maryland: Supreme Court ruled federal government has authority to create national bank and states cannot tax federal institutions.
Gibbons v. Ogden: Supreme Court upheld federal government’s authority to regulate interstate commerce.
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THE EVOLUTION OF INTERGOVERNMENTAL RELATIONS
1832-1865: Union unraveled over issue of slavery
Nation-state relations were dominated by a philosophy of dual federalism—state and federal governments acting as distinct and autonomous in their own domains.
Dred Scott v. Sandford: Supreme Court rejected authority of Congress to outlaw slavery in any part of Union.
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THE EVOLUTION OF INTERGOVERNMENTAL RELATIONS
1832-1865: Union unraveled over issue of slavery
1860 election of Republican Abraham Lincoln as president led to Southern secession and civil war.
Postwar constitutional amendments ban slavery and guarantee African Americans’ basic civil rights, including the vote.
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THE EVOLUTION OF INTERGOVERNMENTAL RELATIONS
1865-1932: Supreme Court wrestles with federalism in the age of commerce.
Reformers eventually pressured national lawmakers to pass progressive legislation that expanded federal power versus that of the states.
By the early twentieth century, the federal government was exerting greater authority over the states.
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THE EVOLUTION OF INTERGOVERNMENTAL RELATIONS
1932-1937: Great Depression led to dramatic growth in federal power
President Franklin Roosevelt launched national program of economic recovery called the New Deal.
New Deal programs provided public work and established social safety net of unemployment and old age insurance.
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THE EVOLUTION OF INTERGOVERNMENTAL RELATIONS
1932-1937: Great Depression led to dramatic growth in federal power
New Deal regulations affected virtually every industry in America and increased federal participation in all aspects of life.
The Supreme Court initially struck down key New Deal legislation.
Court backed down when Roosevelt threatened to pack it with his own justices.
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THE EVOLUTION OF INTERGOVERNMENTAL RELATIONS
1937-1960: Cooperative federalism advocates federal-state partnerships to solve public policy problems.
Federal government established minimum standards for programs such as Medicare and welfare.
States have flexibility in enhancing federal benefits and delivering services.
Cooperative federalism brought more uniformity to public policies across the nation.
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THE EVOLUTION OF INTERGOVERNMENTAL RELATIONS
1960s-1970s: Creative federalism expanded the rights of historically disadvantaged citizens
Supreme Court ruled in Brown v. Board of Education that separate is inherently unequal; decision sparked revolution in citizen rights and federalism.
Federal government sought to eradicate racial and economic injustice by targeting money at citizen groups and local governments.
Supreme Court ruled in favor of nondiscrimination policies in regard to voting and criminal prosecution.
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THE EVOLUTION OF INTERGOVERNMENTAL RELATIONS
1980-present: New federalism features devolution of power from federal government to the states.
Ronald Reagan cut spending on federal programs and regulations; states have been assuming greater share of cost of government.
Federal government continues to impose new standards on states, straining state budgets.
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THE EVOLUTION OF INTERGOVERNMENTAL RELATIONS
1980-present: New federalism features devolution of power from federal government to the states
In 1990s, Congress limited national government’s authority to impose federal programs or laws on states.
Federal government uses financial incentives to persuade states to adopt uniform policies.
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INTERSTATE RELATIONS
The full faith and credit provision of the Constitution directs states to recognize legal judgments in lawsuits that are valid in another state.
States may not discriminate against nonresidents when it comes to fundamental rights, but they can treat nonresidents differently in other areas.
The commerce clause allows Congress to regulate economic relations between states (interstate commerce)
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States and Experiments in Public Policy
States often serve as places where new policies are tried out
Measures calling for the expansion of rights are often more easily accommodated at the national level.
Public policy innovations pioneered by state governments have often sparked widespread political changes.
Wealthier states with politically influential urban populations are most likely to innovate and to adopt new ideas from other states.
Grants
Block Grants: Money proved to state, local or regional governments over which sub-national governments have greater control.
State, local or regional governments have greater say in how funds are spent.
Grants
Categorical Grants: Money provided by the national government to state, local or regional governments that is tied to specific policy objectives and that carries certain conditions for receipt or expenditure.
National government controls purse strings.
Once a program is established, states depend upon national government for continuation of that program.
Can mean that wealthier states “subsidize” poorer ones; but can also mean that inequalities between states are reduced and citizens in poorer states have access to benefits they might not otherwise have.
Can make it harder for states to control their own budgets.
Can lead to expansion in size of national and state government.
Grants
Grants-in-Aid: Federal money provided to states to implement public policy objectives
Account for almost 30% of state revenues
Unfunded mandates: Federal regulations that must be followed by the states but whose costs must also be shouldered by the states
Grants
State and local officials prefer block grants because they allow more flexibility in the way such funds can be used.
Congress prefers categorical grants that provide stricter accountability for the use of federal money.
State officials are especially anxious about unfunded mandates—requirements that Congress passes without providing funds to carry them out.
Questions
What challenges to American federalism are posed by medical and recreational marijuana laws in the United States in the 21st Century?
What issues remain unresolved?
