The Federal System National State v. State Powers.

The Federal The Federal SystemSystem

National State v. State National State v. State PowersPowers

FederalismFederalism What is What is federalism?federalism?

A system of government in which the powers of A system of government in which the powers of government are divided between a central and government are divided between a central and regional governmentsregional governments

Laid out in Laid out in Article IVArticle IV and the and the Amendment Amendment 1010

The idea of federalism has changed over the The idea of federalism has changed over the last 200+ years.last 200+ years. The Supreme Court ruling The Supreme Court ruling ““Separate but EqualSeparate but Equal””

gave more rights to the states (Plessy v gave more rights to the states (Plessy v Fergusson Fergusson 1896))

““The New DealThe New Deal”” under FDR, expanded the role under FDR, expanded the role of the National Government, and the Presidentof the National Government, and the President

Delegated PowerDelegated Power Under the Constitution, 3 powers are granted Under the Constitution, 3 powers are granted

to the National government.to the National government. 1. 1. Expressed PowersExpressed Powers

Those power directly expressed or stated in the Those power directly expressed or stated in the ConstitutionConstitution

Found in the first three ArticlesFound in the first three Articles Levy and collect taxes, coin money, declaring war, & Levy and collect taxes, coin money, declaring war, &

regulating commerceregulating commerce

Delegated PowerDelegated Power Under the Constitution, 3 powers are granted Under the Constitution, 3 powers are granted

to the National government.to the National government. 2. 2. Implied PowersImplied Powers

Powers not specifically listed in the Constitution: Powers not specifically listed in the Constitution: ““Reasonably Suggested”Reasonably Suggested”

““Necessary and Proper ClauseNecessary and Proper Clause”” (Article I, Section 8, (Article I, Section 8, Clause 18)Clause 18)

Known as the Known as the ““Elastic ClauseElastic Clause”” Congress shall have power…to make all laws which shall be Congress shall have power…to make all laws which shall be

necessary and proper for carrying into the Execution the necessary and proper for carrying into the Execution the Foregoing powers, and all other Powers vested…in the Foregoing powers, and all other Powers vested…in the Government of the United States.Government of the United States.

The draft, NASA, the Interstate Highway SystemThe draft, NASA, the Interstate Highway System Clauses in the Constitution?Clauses in the Constitution?

Delegated PowerDelegated Power Under the Constitution, 3 powers are Under the Constitution, 3 powers are

granted to the National government.granted to the National government. 3.3. Inherent Powers Inherent Powers

Those powers that national government Those powers that national government may exercise simply because it is a may exercise simply because it is a governmentgovernment Diplomatic RelationsDiplomatic Relations Regulating immigrationRegulating immigration

Reserved PowersReserved Powers Reserved PowersReserved Powers

Powers given strictly to the statesPowers given strictly to the states Not specifically stated, but defined by Not specifically stated, but defined by

the 10the 10thth Amendment Amendment EducationEducation Legal Documents and LicensesLegal Documents and Licenses

Marriage, Driver, Professional, Voter Marriage, Driver, Professional, Voter RegistrationRegistration

Establishment of local government Establishment of local government (Unitary)(Unitary)

States as Unitary States as Unitary GovernmentsGovernments

Supremacy ClauseSupremacy Clause

Under Article VI, Section 2, the Constitution is SupremeUnder Article VI, Section 2, the Constitution is Supreme No state constitution or state law may conflict with any part of No state constitution or state law may conflict with any part of

the Constitutionthe Constitution When Federal & State officers are sworn in; they must recite When Federal & State officers are sworn in; they must recite

an oath to uphold the Constitutionan oath to uphold the Constitution

McColloch v. Maryland (McColloch v. Maryland (1819))

SupremacySupremacy

Concurrent and Denied Concurrent and Denied PowersPowers

Concurrent Powers:Concurrent Powers: Those that both the state and national Those that both the state and national

governments havegovernments have Power to tax, maintain courts, and define crimesPower to tax, maintain courts, and define crimes

Goes along with the reserved powersGoes along with the reserved powers Denied Powers:Denied Powers: Specifically denies some power to all levels Specifically denies some power to all levels

of governmentof government Article I, Section 9 - National Government Article I, Section 9 - National Government

Cannot tax exports or interfere with states businessCannot tax exports or interfere with states business Article 1, Section 10 – State GovernmentsArticle 1, Section 10 – State Governments

Cannot make treaties with foreign nation or coin Cannot make treaties with foreign nation or coin moneymoney

Powers:Powers:Exclusive – Concurrent - Exclusive – Concurrent -

Reserved Reserved

Interstate CommerceInterstate Commerce

Obligations of the National Obligations of the National GovernmentGovernment

The Federal Government is obligated to do The Federal Government is obligated to do three things for the statesthree things for the states

1. 1. Must guarantee a republic form of Must guarantee a republic form of governmentgovernment Congress must allow Senators and Representatives Congress must allow Senators and Representatives

to take their seat in officeto take their seat in office 2. 2. Must protect states from invasion and Must protect states from invasion and

domestic violencedomestic violence protect from outside attack and internal threats protect from outside attack and internal threats

Riots, strikes, & natural disastersRiots, strikes, & natural disasters 3. 3. Must respect the territorial integrity of each Must respect the territorial integrity of each

statestate Must receive permission from the State Legislator Must receive permission from the State Legislator

before the National Government can get involvedbefore the National Government can get involved West Virginia is the only exception to this ruleWest Virginia is the only exception to this rule

Obligations of the StatesObligations of the States

The states are obligated to do two The states are obligated to do two things for the National Governmentthings for the National Government

1. 1. State and Local governments must State and Local governments must pay to run national electionspay to run national elections Senators, Representatives, & the Senators, Representatives, & the

PresidentPresident 2. 2. Play a key role in amending the Play a key role in amending the

ConstitutionConstitution ¾ of the states must approve an ¾ of the states must approve an

amendment before it becomes lawamendment before it becomes law

Frontline: Frontline: ““The Pot The Pot RepublicRepublic””

Video

SovereigntySovereignty Dual Sovereignty: Dual Sovereignty:

A theory of federalism saying that both the A theory of federalism saying that both the national and state governments have final national and state governments have final authority over their own policy domains.authority over their own policy domains.

But… Supremacy Clause (Art. VI)But… Supremacy Clause (Art. VI) Example: NullificationExample: Nullification

Alien and Sedition Acts (Virginia and Kentucky Alien and Sedition Acts (Virginia and Kentucky void)void)

Tariffs under JacksonTariffs under Jackson Ultimately settled by Civil WarUltimately settled by Civil War

Judicial ReviewJudicial Review Judicial Review: The doctrine under which Judicial Review: The doctrine under which

legislative and executive actions are legislative and executive actions are subject to review (and possible subject to review (and possible invalidation) by the judiciary.invalidation) by the judiciary.

Federalism can be messyFederalism can be messy Hobbes warned that anything but a “single Hobbes warned that anything but a “single

sovereign” would lead to Civil Warsovereign” would lead to Civil War Thankfully though we have a judicial process Thankfully though we have a judicial process

to settle disputes (even if some states or the to settle disputes (even if some states or the federal government might not like the rulings)federal government might not like the rulings)

Many Supreme Court cases have decided the Many Supreme Court cases have decided the balance between federal and state powersbalance between federal and state powers

3 Important Clauses in 3 Important Clauses in ConstitutionConstitution

1) 1) Spending Clause (Art. I, 8.1)Spending Clause (Art. I, 8.1)•Lay and collect taxes… for the Lay and collect taxes… for the common defense and general common defense and general welfarewelfare

2) 2) Commerce Clause (Art I, 8.3)Commerce Clause (Art I, 8.3)•Congress has the power to Congress has the power to regulate regulate InterstateInterstate commerce commerce

3) 3) Necessary and Proper Clause Necessary and Proper Clause (Art. 1, 8.18)(Art. 1, 8.18)•““Elastic Clause”Elastic Clause”

Fed and States do work Fed and States do work togethertogether

Layer Cake FederalismLayer Cake Federalism

Marble Cake FederalismMarble Cake Federalism

““Cooperative Federalism”Cooperative Federalism”

Examples?Examples?

GrantsGrants

Intergovernmental Grants:Intergovernmental Grants:

Grant ($$$) from the national Grant ($$$) from the national government to state or local government to state or local governmentsgovernments

- Sometimes 50/50 or 90/10- Sometimes 50/50 or 90/10

Ex:Ex:

- Infrastructure - Museums - Infrastructure - Museums

- Research - Historical sites- Research - Historical sitesHarry Reid’s Website

TypesTypes1) 1) Categorical GrantsCategorical Grants•They include regulations concerning how They include regulations concerning how the money is to be spent.the money is to be spent.

• Many social welfare programsMany social welfare programs- - Medicaid - Head Start -Job TrainingMedicaid - Head Start -Job Training-Housing - Food StampsHousing - Food Stamps

Cons? - Cons? - Can impede implementation (4 years – 70 Can impede implementation (4 years – 70 agencies)agencies)

- Can create “Unfunded Mandates”, limiting state - Can create “Unfunded Mandates”, limiting state independenceindependence

Pros? Pros? - Help achieve a national purpose (Pollution & - Help achieve a national purpose (Pollution & welfare)welfare)

- “Race to the bottom”…. And Block Grants can be - “Race to the bottom”…. And Block Grants can be wastefulwasteful

TypesTypes2) 2) Block GrantsBlock Grants•Include a broad set of objectives, but Include a broad set of objectives, but minimal regulations and much local minimal regulations and much local discretiondiscretion

• ““General Revenue Sharing”General Revenue Sharing”- Some education and welfare - Infrastructure- Some education and welfare - Infrastructure

Cons? Cons? - Can lead to wasteful spending (and corruption)- Can lead to wasteful spending (and corruption)

- Can limit the achievement of a national goal- Can limit the achievement of a national goal

Pros?Pros?- Allow for local and states to spend the money - Allow for local and states to spend the money

how they see fithow they see fit

FederalismFederalismThe Federal government often uses The Federal government often uses grants to create national programs.grants to create national programs.

They are often “optional”, but how They are often “optional”, but how can states resist $$$$?can states resist $$$$?

““Pork Barrel” Spending – Pork Barrel” Spending – “One person’s pork barrel project is “One person’s pork barrel project is another person’s wise investment in the another person’s wise investment in the local infrastructure”local infrastructure”