I. Constitutional Underpinnings of United States Government 5 – 15%

1. I. Constitutional Underpinnings of United States Government 5 – 15% A. Considerations that influenced the formulation and adoption of the Constitution B. Separation of powers C. Checks and balances D. Federalism E. Theories of democratic government

2. Judicial Review • The power of the courts to decide the constitutionality of laws and acts of government • Marbury v. Madison

3. Marbury v. Madison (1803) • Established the doctrine of judicial review • Article III - judicial powers • Chief Justice John Marshall • Issue of President John Adams appointing Federalists and Thomas Jefferson’s Secretary of State James Madison refusing to deliver commissions. • Mr. Adams, the late President of the United States, nominated the applicants to the senate for their advice and consent to be appointed justices of the peace of the District of Columbia; that the senate advised and consented to the appointments; that commissions in due form were signed by the said President appointing them justices…

4. FEDERALISM Division of government powers and functions between national and state levels of government

5. Federalism • The powers of government are divided between national and state levels • Results in a dual system of government • Each level has some independent powers

6. The Constitutional Basis of Federalism

8. Federalism • Inherent/Exclusive Powers: Powers given to the national government because it is the only representative of the entire nation (i.e., war powers) • Delegated/Expressed Powers: Powers written in the Constitution (i.e., power to regulate trade) • Implied Powers: Powers not exactly written in the Constitution - based on the Necessary & Proper Clause • Reserved Powers: Powers of the state government / 10th Amendment (i.e., public schools, marriage laws) • Concurrent Powers: Powers shared by both the national and state levels of government (i.e., power to tax)

9. FEDERALISM NATIONAL GOVERNMENT STATE GOVERNMENTS SHARED POWERS

10. Layer Cake vs. Marble Cake Federalism

11. Dual Federalism • A constitutional theory that the national government and the state governments each have defined areas of authority, especially over commerce • Federal government has very limited delegate powers • States Rights- states have vast reserved powers not delegated to the federal government • Each entity is sovereign within its own powers • Powers of one can’t encroach on the other • Article 10-US Const • Reserved Clause

12. 1st 150 years of U.S. HistoryDual Federalism – Layer Cake • State Governments: Policies governing the lives of individuals • Property laws, marriage & family laws, education, criminal laws… • National government: commercial development • Land grants, tariffs, currency, transportation… • Spared potential conflicts resulting from divisive decisions

13. McCulloch v. Maryland (1819) • Supremacy Clause • Implied Powers – Necessary & Proper Clause

14. McCulloch v. Maryland (1819) • Upheld the right of implied powers based on the Necessary and Proper Clause and the Supremacy Clause • Called the “Bank of the United States” case • involved the Second Bank of the United States and the State of Maryland • Supreme Court landmark case • unanimous decision • Chief Justice John Marshall

15. Gibbons v. Ogden (1824) • Question of NY’s right to grant a monopoly to Aaron Ogden on waterways between New York & New Jersey; Thomas Gibbons obtained a license from the federal government. • Supreme Court upholds Gibbon’s right based on Interstate Commerce Clause • (Article I, Sec.8) • National supremacy in all matters affecting interstate commerce

16. Shift in Supreme Court Decisions • Barron v. Baltimore (1833) • State power not subject to the U.S. Bill of Rights • Dual citizenship defined separately as national and state citizens • Dred Scott v. Sandford (1857) • Congress could not regulate slave trade in the territories

17. State vs. National Power • 19th Century – efforts by Congress to regulate commerce ruled unconstitutional • Issues..fraud, child labor...(intrastate trade) • Supreme Court defines commerce clause as barrier to Congress interfering with states • Plessy v. Ferguson (1896) • Supreme Court upholds segregation laws • Separate but Equal doctrine

18. State vs. National Power • Industrial Revolution • Consolidation of great national industrial corporations…U.S. Steele, AT&T, Standard Oil… • Interstate Commerce Act (1887) • Created the Interstate Commerce Commission • ICC becomes first federal administrative agency • Sherman Antitrust Act (1890) • Regulation of monopoly practices

19. Civil War (1861-1865) • 13th Amendment (1865) • Prohibits Slavery • 14th Amendment (1868) • Due Process & Equal Protections for all citizens • Bill of Rights applied to states • 15th Amendment (1870) • Right to vote for former male slaves

20. Cooperative Federalism • Theory of federalism in which federal, state, and local governments interact cooperatively and collectively to solve common problems rather than making policies separately. • Overlapping state and federal functions • Most federal and state functions are cooperatively undertaken (highways, schools, hospitals) • Feds and states have shared powers (police, taxes) • Fragmented centers of political power • Article VI- the supremacy clause- the Constitution specifically subordinates state law to federal law

21. Cooperative Federalism (Marble Cake) FDR – Nixon • Grants-in Aid • New Deal programs • National Labor Relations Board (NLRB) v. Jones & Laughlin Steel (1937) • Redefines interstate commerce to permit the national government to regulate local economic & social conditions • Brown v. Board of Education (1954) • Segregation ruled unconstitutional • Voting Rights Act (1965) • Civil Rights Acts (1964 & 65)

22. New FederalismNixon - Reagan • Revenue Sharing • Block Grants • Criticism of unfunded mandates by national government • Mandates are the “strings” attached to federal money • Unfunded mandates are requirements on state & local governments- but no money

23. Grants-In-Aid • Federal funds provided to states and localities. • Typically provided for airports, highways, education, and major welfare services

24. Intergovernmental Relations Today • Federal Grants to State and Local Governments (Figure 3.1)

26. Intergovernmental Relations Today • The Scramble for Federal Dollars • $350 billion in grants every year • Universalism- a little something for everybody • Fiscal Federalism: • The Grant System: Distributing the Federal Pie • Categorical Grants • Block Grants • Grants are given to states & local governments

27. Categorical Grants • Federal grants for specific purposes defined by federal law • Requires the state or locality to “match” some part of the federal grant • Formula Grants • States and Feds share costs of a proejct • Ex. (20% fed-80% state) • Project Grants • Money given out to states and localities for a purpose • Applied for by state • Usually research based- universities, agencies

28. Block Grants • Grants of money from the federal government to states for programs in certain general areas rather than for specific kinds of programs • Money to states with few strings attached • Example: 1996 Welfare Reform Act • States have broad discretionary powers to use money as they see fit • Favored by Republicans/Conservatives • Nixon and Regan: New Federalism • More Power to the states

29. Advantages of Federalism • Promotes diverse policies that encourage experimentation and creative ideas. • Provides multiple power centers – makes it difficult for any one interest group to dominate • Keeps government close to the people – increases opportunities for participation

30. Disadvantages of Federalism • Promotes inequality because state resources differ • Enables local interests to delay or halt majority support for a policy • Creates confusion – different levels of government make it difficult for citizens to know what different governments are doing

31. Understanding Federalism • Federalism and the Scope of Government • Which level of government is best able to solve the problem? • Which level of government is best able to fund solutions to the problem?