in what ways does the state have authority over you that the federal government does not? ◦ age...
TRANSCRIPT
Ch. 3: FederalismThe Thread of
Federalism Article with Thesis Statement
In what ways does the state have authority over you that the federal government does not?◦ Age for driver’s license◦ Drinking Age◦ Marriage Age◦ Hunting and Fishing Licenses◦ Gambling
Introduction
Federal v. State Power Take notes and then answer the questions
that follow each section. http://
www.learner.org/courses/democracyinamerica/dia_3/dia_3_video.html
Discuss Questions from video
Video with Questions
U.S. v. Lopez (1990); Challenged Federal Gun Free School Zones legislation. S.C. overturned law.
Read Case! Establishment of Judicial Review
◦ Read Marbury v. Madison with questions
Check on Congress to Protect State Rights
Federalism: What is it?◦ A way of organizing a nation so that two or more
levels of government have formal authority over the same area and people.
How many governments have federalism? ◦ Fewer than 30
Federalism
p. 67 In a federal system it is the entire set of interactions
among the different governments: Federal, State, Local
Most democracies use Unitary governments Our states are unitary in relation to their local
governments. Confederation is where republics join for commerce
and defense. States remain sovereign. Confederations are inherently weak.
◦ Used in international organizations like the United Nations
Intergovernmental Relations
It decentralizes our politics: ◦ Elections◦ Taxations: fed, state, county, city◦ Creates several locations of power ◦ More opportunities to participate and demand
things◦ With state access, fewer conflict at the national
level Water rights School appropriate novels
Why is federalism important?
Decentralizes our policies/Different state, different laws◦ Drinking laws (authority being debated; all states 21 age since
1988 or lose 10% of road funding).◦ Highway speed limits◦ Family◦ Moral Issues◦ Divorce◦ Education◦ Also makes state policy innovators that experiment with new
ideas Clean air act Welfare reform Gay marriage Started states: minimum wage, unemployment, income tax, health
care…
Why?
It took awhile to establish the Constitution as the Supreme Law of the Land. Article VI (Supremacy Clause)◦ Federal over States◦ Article 1 Section 8, Clause 18: Implied Powers: Congress
can do whatever it needs to do in order to enforce or carry out enumerated (delegated powers) found in clauses 1-16.
◦ Necessary and Proper Clause: Defined McCulloch v. Maryland: established implied powers and
Supremacy of the Constitution (Read the case and discuss) Gibbons v. Ogden: established implied powers found in the
commerce clause. Commerce Clause: Defined
Brown v. Board: established by racial equality in 1954; Constitution’s power over states in regards to rights of equality of individual and groups of citizens.
Historical View
It did not give states superior power to the national government for activities not mentioned in the Constitution (1976, 1985)
S.C. ruled twice against 10th Amendment
McCulloch v. Maryland: Read Case! Elastic Clause/Implied Powers: Article
1, Sec. 8, Clause 18◦ Established: Supremacy of federal government
over states using supremacy clause◦ National government has certain implied powers◦Enumerated Powers or Expressed Powers:
Article 1, sec. 8, Clause 17: Specific powers granted in the Constitution Implied Powers then come from enumerated powers.
Implied Powers
Facts of the Case (Background): Issues (Questions): Holding and Rule (Decision/Justification):
McCulloch v. Maryland
Facts Maryland enacted a statute imposing a tax on all banks operating in Maryland
not chartered by the state. The statute provided that all such banks were prohibited from issuing bank notes except upon stamped paper issued by the state. The statute set forth the fees to be paid for the paper and established penalties for violations.
The Second Bank of the United States was established pursuant to an 1816 act of Congress. McCulloch, the cashier of the Baltimore branch of the Bank of the United States, issued bank notes without complying with the Maryland law. Maryland sued McCulloch for failing to pay the taxes due under the Maryland statute and McCulloch contested the constitutionality of that act. The state court found for Maryland and McCulloch appealed.
Issues1. Does Congress have the power under the Constitution to incorporate a bank,
even though that power is not specifically enumerated within the Constitution?
2. Does the State of Maryland have the power to tax an institution created by Congress pursuant to its powers under the Constitution?
Holding and Rule (Marshall)1. Yes. Congress has power under the Constitution to incorporate a bank
pursuant to the Necessary and Proper clause (Article I, section 8).2. No. The State of Maryland does not have the power to tax an institution
created by Congress pursuant to its powers under the Constitution.
McCulloch v. Maryland
Congressional power to regulate interstate and international trade
Read Gibbons v. Ogden 1824: Defined commerce very broadly to encompass virtually all forms of commercial activity
Now includes movement of goods, radio signals, electricity, telephone messages, Internet, insurance transactions, and more.
Used to stop racial discrimination in businesses under a liberal court (1964)
Commerce/Hand-Out
Commerce clause with elastic clause gives Congress vast amount of power as long as federal government uses for economic development through subsidies and services for business.
Commerce Cont.
1990 Federal Gun Free School zone overturned: not commerce and violated state rights.
1994 Violence Against Women Federal Act overturned: same reason
1996 Indian Tribes: Federal government can’t sue states to force them to negotiate with Indian tribes.
1997 Brady Handgun Act for background checks overturned. Can’t mandate states to address certain issues or force state officials to enforce mandatory federal programs.
S.C. undermined 1990-2000
Read Brown v. Board of Education 1954 1960s: Federal government enacted
policies to end segregation in schools, housing, public accommodations, voting jobs
Racial equality more important than state rights
Racial Equality
Article IV Full Faith and Credit Clause
◦ All states must recognize the civil decisions of the other states
◦ Loans, divorce, child custody, business obligations◦ Same-sex marriage: Vermont, Massachusetts,
California, Iowa, New York, D.C., New Hampshire
State Obligations to each other
Extradition: States must return prisoners to state where crime was committed for trial.
Privileges and Immunities: State can’t discriminate against citizen of another state.◦ Exceptions:
Out of state tuition Voting in elections Hunting and fishing licenses
Applies to: Parks Schools Civil Rights Police Protection
Obligations Continued
Powers Granted to National Government: Expressed Powers Article 1 Sec. 8/Article II
Sec. 2/16th Amendment Implied Powers: Article 1 Sec. 8 Clause 18 Powers Denied: Article 1 Sec. 9
Federalism
Powers reserved to States 10th Amendment Amendment 21 sec. 2 Denied Powers: Article 1 Sec. 10 13th, 14th, 15th, 19th, 24th, 26th
Understanding Federalism Activity
Federalism
Originally we had dual federalism◦ Layer cake: Powers clearly divided
Federal: Post offices, currency, foreign and military policy
Thought by most political officials to be out of date (never completely existed)
From Dual to Cooperative Federalism
Shared powers More like a marble cake Federal government is active in education,
road building Share the cost of these expensive public
goods Usually money has federal guidelines:
lowering the drinking age Ronal Reagan wanted to restore state powers;
not very popular: cost states too much money
Cooperative Federalism
The grant system: Distributing the pie◦ Federal government has power over states with
Money (grants-in-aid) always federal is more than state/local
◦ Text pp. 80-81
Fiscal Federalism: The pattern of spending, taxing, and providing grants
Main source of federal aid to states Specific purpose that states must use them for String attached: Usually nondiscrimination
guidelines Cross over sanctions: money for one thing, but
stipulations on something else. Ex: highway money for reduced drinking age
Cross-cutting sanctions: when grant conditions on one grant is extended to all activities supported by federal funds. Ex: colleges that discriminate against female athletes could lose all of their federal funding.
Categorical Grants
Formula Grants: Grants awards based on a formula that determines need. Ex: Medicaid, child nutrition programs, sewage treatment construction, public housing, community development, employment training programs
Project Grants: Awarded on competitive application, best project wins. Ex: scientific research (most common)
Categorical Grant Types
Started in 1966 to give more freedom to states and reduce paper work of grant applications
Republican have expanded them since 1995 Granted more or less automatically Broad guidelines: Community development
or social services
Block Grants
$400 billion in grants available yearly Makes up ¼ funds and 18% of federal
budget Cities and States employ full time staffs in
DC to track and apply for federal $$. Principle of Universalism: Something for
everybody Money more equally distributed than most
goods in America; more than income, taxes, education
Scramble for Federal
Mandates are stipulations given to the states in order to keep or get their federal money (cross cutting and cross over stipulations)
States must adopt federal rules and regulations: Examples: Federal government mandates
expanding Medicaid coverage to poor and pregnant women◦ State program◦ Federal government pays 50-83% of cost, states pay the
rest◦ Mandate expanding inclusion and increases states’ share
they can’t pay (pregnant women, poor, elderly)◦ 1990 ADA access of disabled in public facilities
Mandate Blues
Republican Congress in 1995 limited unfunded mandates to states if over 50 million; both houses to vote separately for mandate.
Anti-discrimination laws exempt from mandate votes Example 2003 NV dropped blood level to .08 to keep
federal money In 1994 several states (CA, NY, TX, FL) sued the federal
government for reimbursement in cost for health care, education, prisons, goods to illegal citizens. States lost but made their point.
9-11-2001 increased mandates on states Courts also impose mandates (prison standards, school
desegregation, mental health facility standards). Welfare Reform Bill Activity
Mandate Blues Cont.
National spending has greatly increased. Why? Is this good or bad?
Reagan used to help national automobile industry by placing quotas on imported cars
Used to stop monopolies: Gas/oil, phone companies, etc.
Helped develop unions: working conditions, minimum wage
Protects the environment: physical features, effects across state lines
Space program Social security program US issues cross state lines and need vast resources
Federalism and the Scope of National Government
The Politics of Federal Grants Activity
Federalism
Due
Ch. 3 FRQ
Describe two of three court cases below:◦ McCulloch v. Maryland◦ Gibbons v. Ogden◦ Marbury v. Madison
Explain how the two selected in (a) promote sovereignty at a state level or a national level.
Free Response #3: Federalism and the Supreme Court