Federalism

Definition: political system with local government units, besides national one that

can make final decisions regarding some governmental activities and whose existence

is protected

Governmental Structure

• Federalism– Political system– Local government can make decision and be

protected

• Unitary System– Local government depends on the national

government

Hot Issues

• Hot issues disputes over federalism

• Hot issues today– Gay marriage– Medical (coverage, drugs, social security)– Immigration

State Powers

• Under federalisms– Federal government has power over

• Economic issues• Military• Defense

• Under federalism– State government has power over issues that deal

with • Social• Moral • family

Positives and Negatives

• Negative view– Blocks progress and protects powerful local

interest

• Positive view– Contributes to government strength

• Political flexibility• Fosters individual liberty

– Federalist Papers # 10 • Small political units allow all relevant interest to be

heard

• Different political groups with different political purposes come to power in different places

• Federalism lowers the cost of political organization at the local level

National Powers

State Powers

Social Security Patriot Act

Naturalization

Health CareEducation

Discrimination

IRS

commerce

LicenseGay marriage

Immigration enforcement

Elections

Federal Aid and Federal Control

• Condition of aid– What must be done if state receives aid

• Drinking age 21

• Mandates– Federal rule– State and local government have little o no

say • Americans with Disabilities Act• Civil Rights Act

Grants v. Revenue Sharing

• Categorical grants– For specific purposes

• Block grants– General purposes with few restrictions

• Revenue sharing – Can be spend on almost any governmental

purpose

The Constitution

• 9th Amendment– Enumerated powers

• 10th Amendment• All power not given to the national government • Any power not prohibited to the states

– Reserved to the states and the people

• Article I, section 9– Congress can make the necessary and proper laws to

carry out its enumerated powers

• Hamilton's view: – national supremacy since Constitution

supreme law

• Jefferson's view:– states' rights with the people as ultimate

sovereign

McCulloch v. Maryland

• Could Congress charter a national bank– Yes

• The power is not in the Constitution• “Necessary and Proper Clause”

• Could states tax the national bank– No

• “The power to tax is the power to destroy”• National power supreme

Increasing National Power

• Gibbons v. Ogden (1824)– Commerce issues

• All intercourse between states• created "dual federalism."

– Dual federalism = bath national and state governments are supreme in their own spheres

• Today this is extinct

• Heart of Atlanta Motel v. US (1964)– Commerce clause

• Upheld the Civil Rights Act of 1964

• This expanded the federal power– "Nullification"

• states cannot declare acts of Congress unconstitutional

What about the State Powers?

• By the late 20th centaury– 10th Amendment ha little relevance

• Then came Lopez– Lopez v US (1995)