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Pearson LongmanPoliticalScienceInteract
ive
Shea, Green, and SmithLiving Democracy, Second
Edition
Chapter 3:Federalism
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Dividing Governmental Authority
In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate departments. Hence a double security arises to the right of the people.
James Madison, Federalist No. 51
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Dividing Governmental Authority
Our federal system of government has often been a source of conflict.
How do we decide which powers should rest with the states and which should belong to the national government?
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Is the federal government getting too big to provide an effective response to local
problems?
Dividing Governmental Authority
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Why Divide Authority in the First Place?
The Constitution may have never been ratified if the Framers had pushed for a unitary system.
Federalism was a compromise, allowing the states to maintain their independence.
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Sikh, living in California
Moved to activism following changed climate after September 11, 2001
Student Profile: Harkirat Hansra
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
The Evolution of Federalism
“State-Centered Federalism” 1787 to 1868
From the adoption of the Constitution to the end of the Civil War, the states were the most important units of the American Federal System.
McCulloch v. Maryland was decided during this phase.
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Chief Justice, 1801–1835
Marbury v. Madison, 1803
McCulloch v. Maryland, 1818
–used Constitution’s necessaryand proper clause
His opinions helped to weaken states’ rights.
Pathways Profile: John Marshall
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Evolution of Federalism
Doctrine of Nullification– Each state could declare any laws or actions of the national government “null and void.”
Doctrine of Secession– States could choose to withdraw from the United States if they wanted.
– Used by the Confederate States in the Civil War.
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Counter-example, with no legitimate pathway taken
Violence used instead
Pathways of Action: The Civil War and the Failure
of American Politics
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Evolution of Federalism
“Dual Federalism”
1868 to 1913
In this phase, the national government narrowly interpreted its delegated powers and the states
continued to decide most domestic policy issues.
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Evolution of Federalism
After the Civil War, industrialization and urbanization created new challenges for the federal system.
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Federal Power: The Supreme Court and the New Deal
Franklin D. Roosevelt was elected in 1932, in the midst of the Great Depression.
Supreme Court blocked many of his New Deal laws.
Roosevelt responded with a “court-packing” plan.
Evolution of Federalism
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Evolution of Federalism
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Past Trends in Federalism
The system was likened to a marble cake in that “as the
colors are mixed in a marble cake, so functions are mixed in the American federal system.”
Cooperative Federalism 1913 to 1964
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
The presidency of Lyndon B. Johnson (1963–1969) marked a critical point in the evolution of
federalism.
Past Trends in Federalism
The Great Society and Creative Federalism
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Johnson’s “Great Society”– War on Poverty
Federal funds were directed to states, local government, and a wide variety of social programs.
Past Trends in Federalism
The Great Society and Creative Federalism
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Past Trends in FederalismThe Great Society and Creative
Federalism
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Past Trends in FederalismThe Great Society and Creative
Federalism
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Grants-in-AidFederal funds given to state and local governments on the condition that the money be spent for specified purposes, defined by officials in Washington.
In 2004, the federal government spent $418,091,000,000 in grants-in-aid to
state and local government.
Past Trends in Federalism
The Changing Nature of Federal Grants
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Block grantsFederal funds given to states, which have discretion in spending the money
Past Trends in Federalism
The Changing Nature of Federal Grants
In 1996 there was a shift from Categorical Grants to Block Grants.
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Recent Trends in Federalism
Ronald Reagan sought to return more power and responsibility to the states.
“Government is not the solution; it’s the problem.” –Ronald Reagan
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
John Dillon, Iowa Supreme Court–New definition of the relationship between state
and local governments
Home Rule City governments free, except where prohibited by
state law.
Recent Trends in Federalism
Dillon’s Rule v. Home Rule
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Devolution
The Republican “Contract with America” called for devolution—the transfer of political and economic power to the states.
Recent Trends in Federalism
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
The Supreme Court’s Shift in Perspective
Beginning in 1995, justices interested in granting more deference to state authority gained a slim five-to-four majority in the
Supreme Court.
•United States v. Lopez (1995)•Printz v. United States (1997)•United States v. Morrison (2000)
Recent Trends in Federalism
Chapter 3: Federalism
Copyright 2009 Pearson Longman Shea, Green, and Smith, Living Democracy, Second Edition
Ukrainian movements
– Orange Revolution
– Nashi youth movement
Freedom fighters, or tool of the Kremlin?
Pathways of Change from Around the World:
Ukraine