Federal/State Powers

1. Federal/State Powers • Concurrent = held jointly (tax, borrow, make and enforce laws, establish courts, etc.) • Prohibited = national government  taxing exports; states  entering into treaties with another country • Supremacy clause (Article VI, clause 2, 369) = Constitution and federal laws superior to all conflicting state and local laws • federal law takes precedence over state law • Constitution, congressional laws, national treaties, and rules/regulations issued by executive are “Supreme Law of the Land” • states cannot use reserved or concurrent powers to thwart national policies

4. Vertical Checks and Balances • Separation of powers/checks and balances at national level  preventing national government from becoming too powerful • Federalism = “vertical” checks and balances between states and national government • States’ checks = reserved powers; representation in Congress; vote for president; amendment process; administration of national programs • National government’s checks = expressed and implied powers; Supremacy clause; commerce clause; federal grants

5. Interstate Relations • A.k.a. “horizontal federalism” (Article IV, 368-9) • Full Faith and Credit = all states required to respect one another’s laws • Privileges and Immunities = citizen of a state has all rights as citizen of another state where they happen to be • Extradition = person accused of crime who flees to another state must be returned if requested

6. Expanding Powers of National Government • Landmark Supreme Court cases under Chief Justice John Marshall increased power of national government • McCulloch v. Maryland (1819) – enhanced implied powers of national government through expansive interpretation of necessary and proper clause (Article I, Section 8, Clause 18, 365) • Gibbons v. Ogden (1824) – broad interpretation of commerce clause (Article I, Section 8, Clause 3, 364) expanded regulatory powers of federal government; regulation of interstate commerce exclusive national power

7. Reassertion of States’ Rights and Civil War • Civil War – ultimate dispute over power of national and state governments; national government supremacy and rights of states • Nullification– idea states could declare national law null and void • Secession– withdrawal of state from union • Civil War ends idea state can secede and leads to increase in national government power

8. Growth of National Government • Defeat of South ends idea states can secede from Union • Civil War results in expansion of powers of national government (opposite of what South was fighting for) • New governments employees hired to conduct war effort and Reconstruction • Billion dollar budget passed • Temporary income tax imposed on citizens • Civil liberties curtailed because of war effort • National government provided pensions to veterans and widows

9. Continuing Dispute over division of power • Post-Civil War –two major phases in Federal-State government relations • Dual Federalism – national and state governments equal sovereign powers within own spheres • e.g., states control intrastate commerce; federal government interstate commerce • Cooperative Federalism (post-depression era) – states and national government cooperate to solve common problems

10. Federal Aid to States • Transportation improved, trade expanded, national government began to regulate national economy and construct infrastructure through federal grants • Categorical grants-in-aid = federal grants targeted for specific programs/projects (Medicaid, highway construction, unemployment, housing, welfare); enables Congress to effect policy change in states • Block grants = federal grants provided for general functional areas (criminal justice, mental health); preferred by states because it gives them greater flexibility in spending • Federal mandates = rules/regulations handed down by federal government (environmental protection, civil rights), often unfunded and expensive, that force states and municipalities to comply with certain rules

11. Supreme Court and Federalism • Key role in determining line between state and federal powers • Over last decade, conservative Rehnquist/Roberts courts have lessened federal government powers under commerce clause • Emphasized state powers granted by 10th and 11th Amendments

12. Federalism, Supreme Court, and Commerce Clause • United States v. Lopez – court rules Congress exceeded authority under commerce clause in passing Gun-Free School Zone Act of 1990 • United States v. Morrison – court rules Congress exceeded authority under commerce clause in passing Violence Against Women Act of 1994

13. Federalism, Supreme Court and Eleventh Amendment • Decisions bolstered authority of state governments: • Alden v. Maine (1999) – state employees can’t sue state for violating federal overtime pay law • Kimel v. Florida Board of Regents (2000) – state university employees can’t sue state for violating federal age discrimination law • Yet, in Nevada v. Holmes (2003) – court ruled state employers must abide by federal Family Medical Leave Act, which seeks to outlaw gender bias

14. State Governments Today • Provide highly visible functions (e.g., education, health, police, fire, roads, welfare, etc.); funded by sales taxes and income taxes • Local government services funded by property taxes • Mirrored on national government • Most executives have line item veto power (unlike President) • Legislatures often criticized as unprofessional, ineffective; limited resources; limited meeting times; low pay; responsible for drawing electoral district lines • Each maintains a court system • Crises in state finances vitally important (as we know all too well in CA)

15. Why Federalism is Important • No uniform body of national laws (unlike under Unitary governments) • Differences in criminal sanctions and sentencing from state to state; county to county • Differences in welfare and education spending • Allows for diversity and inequalities • Gives citizens option to “vote with their feet” and go to state conducive to their interests

16. Discussion Questions • Is there a proper balance between states’ rights and the powers of the federal government? • Would we be better off with increased federal powers? • Has federalism “worked” for the U.S.? • Do you think unfunded federal mandates are fair?