Federalism. Divide power between state government and national government – Provide double security to rights – Check one another Framers of Constitution.

Federalism

Federalism• Divide power between state

government and national government– Provide double security to rights– Check one another

• Framers of Constitution supported concept– Many factions would seek own advantage– One faction might dominate part of

government, but not all of it– Gives factions ability to gain some – but not

all- power

Types of Federalism• Dual Federalism – constitution gives limited list of powers to

national government, leaving rest to states– Primarily foreign policy & national defense– Each level is dominant in its own sphere– Supreme Court mediates between national government & states

• Cooperative Federalism – stresses federalism as a system of intergovernmental relations in delivering goods & services to people

• Marble Cake Federalism – all levels of government are involved in a variety of issues & programs

• Competitive Federalism – national government, 50 states, and local governments compete to put together services & taxes

• Permissive Federalism – share of state power rests upon permission of national government

• 10th amendment = powers not delegated to the US by the Constitution, not prohibited by it to the States, are reserved to the states respectively, or to the people

• Enumerated Powers – distinctly written in Constitution to the National Government– Coin money– Establish post offices & post roads– Declare war– Raise & support armies & navy– Immigration– Commerce Clause – regulate commerce with foreign nations– Necessary & Proper Clause – Congress can make laws necessary for carrying into

action its foregoing powers

• Reserved Powers – anything unmentioned in the Constitution is reserved for the states– Licenses

• Full Faith and Credit Clause – licenses issued in one state are accepted by the other states

– Education– Rules for marriage & divorce– Maintaining Highways– Provide fire & police protection

• Concurrent/Shared Powers – responsibilities held by both the National and State level governments– Taxation– Setting up courts & prisons– Determine voting qualifications– Borrow money– Define crime & punishment

American Federalism

Federalists vs. Antifederalists

• Federalists supported constitution & strong national government

• Antifederalists opposed constitution & favored weaker national government– Supported states’ rights

• Closer to the people• More direct involvement

– Saw potential for central government to gain too much power & be corrupt• Disturbed by president’s veto power• Court system likely to encroach upon local courts• Lower house of legislature (Senate) small, likely to

be filled with elites• Wouldn’t really know constituents• Thought Congress would pass oppressive taxes

enforced by a standing army

Antifederalists• Main issue – liberty– Best secured by small republics

• Rulers physically close to & checked by the ruled• Strong national gov’t would be distant• Strong national gov’t could absorb state powers• Nation needed to be a loose confederation of states

– If national gov’t created, needed more restrictions

–Wanted a bill of rights in the Constitution

Federalist Papers• James Madison refuted critics in

Federalist #10 and #51• Liberty is safest in large republics

with many opinions & interests– Difficult for a tyrannical majority to form– Coalitions would have to form

• National government should be at some distance from people & insulated against momentary passions

Modern Controversies• States’ rights vs. national rights conflict on many issues• Medical Marijuana – several states permit use of medical

marijuana– WA & CO legalized recreational marijuana in 2012– DEA conducts raids on medical marijuana facilities– IRS attempts to prevent sales in CA by refusing o treat normally-

deductible business expenses as such for dispensaries

• Healthcare – Affordable Care Act or parts of it could be nullified – AZ & VA both took stand against federal government

• Marriage – previous DOMA infringed on states’ rights regarding marriage licenses– Allowed states to refuse to recognize same-sex marriages granted in

other states– Parts declared unconstitutional in 2013

• Education – acts like No Child Left Behind or Title IX increase federal oversight of education– Schools funded through state & local property taxes– Opt-in to programs like NCLB & meet their requirements = get

federal money

Current Event• Locate a current news article about states’

rights– Past 6 months– Reputable news source– Medical marijuana, death penalty, marriage

equality, etc.

• ½ page summary• ½ page analysis– Your reaction to the article– How does it relate to class?

• Be prepared to discuss it in class!