Chapter 3

1. Chapter 3 Federalism

2. Federal System • Framers of the Constitution created a system where national AND state derive authority from people. • Made state and federal government accountable to the people

3. Enumerated Powers • Exclusive powers of the national government • Coin Money, Conduct foreign relations, Provide an army and navy, declare war, establish court system

4. Necessary and Proper Clause • Article I, Section 8 • Expanded powers to national government and Congress

5. State Powers Under Constitution • Article I allows states to set the “Times, Places, and Manner for holding elections.” • Privileges and Immunities Clause in Article IV • Article IV also provides each state a “Republican Form of Government • Tenth Amendment • Reserve or Police Powers

6. Concurrent Powers • Powers shared by national and state governments • Borrow money, establish courts, make laws • State AND National Governments CANNOT • Pass a bill of attainder • Pass an ex post facto law

7. Theories and Metaphors • Sovereignty: the quality of being supreme in power or authority • The delegates who met in Philadelphia wrote a new constitution and invented a new political form—federalgovernment

8. Theories and Metaphors • Federalism: the division of power between a central government and regional governments • Citizens’ fears that majorities with different interests and values would rule them were calmed by the creation of federalism • Two or more governments exercise power and authority over the same people and the same territory

9. Theories and Metaphors • Dual Federalism (layer-cake federalism): a view that holds the Constitution is a compact among sovereign states, so that the powers of the national governments and the states are clearly differentiated • The national government rules by enumerated powers only • The national government has a limited set of constitutional purposes • Each government unit—nation and state—is sovereign within its sphere • States tend to have more power

10. More dual federalism The layer-cake approach (dual federalism) Developed under the leadership of Chief Justice Roger B. Taney (1835-1863) and lasted Key court case: Dred Scott v. Sandford (1857): Congress lacked the authority to ban slavery in territories Came to an end with the Great Depression, leading to an increase in federal power, programs to combat unemployment, and a new ideology of government.

11. Theories and Metaphors • Cooperative Federalism (marble-cake federalism): a view that holds that the Constitution is an agreement among people who are citizens of both state and nation • Tends to favor national government (supremacy clause) • The components are cooperative federalism include: • National and state agencies typically undertake government functions jointly rather than exclusively • The nation and states routinely share power

12. New Deal • FDR creation of government programs to stimulate economy • Many programs overturned by Supreme Court • “Court-packing”: FDR threatened to increase SC justices from 9 to 13.

13. FDR

14. More Cooperative Federalism The marble cake approach (cooperative federalism) Sees relations between levels of government in more fluid terms Is willing to override state standards for national ones A stronger, more influential national government

15. Metaphors for Federalism

16. Federalism’s Dynamics • Judicial Interpretation • Supreme Court settles disagreements over federalism by deciding whether the actions of either are unconstitutional • 19th and early 20th centuries, Dual Federalism • 1937 to 1990’s, Cooperative Federalism • Since Reagan Administration, the Court favor states’ rights (New Federalism)

17. Federalism’s Dynamics • Judicial Interpretation • The Supreme Court has used various definitions of “commerce” in decisions regarding the Commerce Clause, (Article I, Section 8, of the Constitution) • Greatly increases power of national government

18. Federalism’s Dynamics • Grants-in-Aid • Grant-in-Aid: money provided to be spent for a given purpose • Categorical Grants: either formula or project • Formula Grants: categorical grants distributed according to a particular set of rules, called a formula, that specify who is eligible and how much each eligible applicant will receive • Project Grants: categorical grants awarded on the basis of competitive applications submitted by prospective recipients to perform a specific task or function • Block Grants: grants-in-aid awarded for general purposes

19. Trends in National GovernmentGrants to States and Localities

20. Ideology, Policymaking,and American Federalism • Ideology, Policymaking and Federalism in Practice • Preemption: the power of Congress to enact laws by which the national government assumes total or partial responsibility for a state government function • Mandates: a requirement that a state undertake an activity or provide a service, in keeping with minimum national standards

21. Key Federalism Court Cases • McCulloch v. Maryland (1819) • Denied the right of the state to tax the Second National Bank of the United States (exception to the rule) • Marbury v. Madison (1803) • Judicial Review • Gibbons v. Ogden (1824) • Ruled in favor of Congressional licenses to sail on the Hudson River. • “What was the scope of the Congress’s authority under the commerce clause?” • Congress’s power to regulate interstate commerce included the power to regulate commercial activity as well. • Dred Scot v. Sandford (1857)