Six Principals of Constitution

1. Six Principals of Constitution • Judicial Review • Checks and Balances • Separation of Powers • Federalism • Limited Government • Popular Sovereignty

2. Federalism Chapter 3

3. Federalism • Constitutional division of power between the national and state governments. • A political system where local government units can make final decisions regarding some governmental activities and whose existence is protected • System of delegated, Implied, Inherent, Concurrent, Reserved and Denied powers TATE F E D E R A L I S M Sacramento, CA

4. Reasons for Federal System in U.S. • Unitary system • local governments are subservient to the national government • undesirable - too reminiscent of British rule. • Confederate system undesirable -- too reminiscent of Articles. • Allows unity, but not uniformity -- allows for differences among states. • More suitable for geographically large nation -- allows for differences. • More suitable for heterogeneous people -- allows for differences.

5. Some more reasons • If tyranny occurred in a few states, fed. govt. could prevent its spread to others. • National govt. has only those powers granted to it -- all others belong to states through Amendment 10. • Frees national govt. to concentrate on truly national matters. • Frees states from excessive intrusion on strictly state/local matters (mandates?). • Encourages experimentation -- states as 'laboratories' (e.g. Wisconsin's welfare reform plan) • Keeps govt. closer to people. Multiple points of access for citizens.

6. Federal and State Powers • In general, the federal government has power over economic issues, the military and defense. • In general, state governments have power over social, moral, and family issues.

7. National Powers • Delegated(expressed, enumerated): actually stated in the Const. (Congress makes laws, declares war) • Implied: not stated explicitly, but suggested implicitly. Importance of elastic clause/Necessary and Proper Clause • Inherent: not stated explicitly, but held by the national govt. by virtue of its being a national govt. (Any govt. is entitled to certain foreign policy powers such as diplomatic recognition, acquiring territory, or defending itself.) State Powers: Reserved • Amendment 10 states that any powers not granted to the national govt. are reserved for the states. • Examples: establishing voting requirements, running elections, licensing professionals, protecting community health, establishing a vehicle code.

8. Concurrent Powers • Granted to Congress, but not denied by Const. or courts to the states --- > held by both national and state govts. • Examples: taxing, borrowing, establishing court system, establishing law enforcement agencies, education. Article 6: Supremacy Clause • Questions of fed./state authority are decided by courts. • National supremacy (Article VI): national govt. supreme in case of conflict.

10. Hot Issues • Some of the hottest issues in American politics are, at their core, disputes over federalism. • Some hot issues involving federalism today are • Gay marriage • Medical marijuana • Obama-care • Immigration enforcement

11. Article 4: Obligations of State Governments • The Full Faith and Credit Clause requires states to recognize the public acts and legal judgments of other states. • One state’s validity carries over state borders - i.e. marriage licenses, driver’s licenses, judgments of courts (child custody, child support, convections). • Issue: Rights of same sex married couples • The Privileges and Immunities Clause requires states to offer out-of-state citizens the same treatment as in-state residents. • Sales tax for only tourists>>> nope. . .but what about out of state tuition? Or only residents can vote in elections? Court has been unclear.

12. Article 4: Obligations of State Governments • Extradition is a process where a state must return a person when he or she has been charged with a crime in another state. • Up to the state Governor to execute this • Interstate compacts require consent of Congress. • Colorado River Basin

13. Obligations of National Gov’t. • Guarantee each state a republican form of gov’t. • Protect each state against invasion or domestic violence. • Grant new states the same rights as other states.

14. Federalism Over Time Dual federalism • Both national and state governments are supreme in their own spheres, which should be kept separate. • Powers and policy assignments of the layers of govt. were distinct, as in a layer cake. • Suggested that the powers of the national govt. should be interpreted narrowly. • Prevalent through 1937.

15. Federalism Over Time Cooperative federalism • The state and federal spheres overlap and distinctions between them are blurred. • Mingling of responsibilities between the state and national govt. • Sharing of powers and policy assignments, as in a marble cake • Suggests that powers of the national govt. should be interpreted broadly. • Prevalent since 1937.

16. From Dual to Cooperative Federalism • Education sets the stage for both the Feds + states to work together in “fiscal harmony” • “Shared Costs” of Fiscal Federalism Why use federal help at the “expense” of state sovereignty? • Feds had the bucks. . . surpluses abounded and reduce the bureaucracy • Fed income tax in 1920’s • Feds could print more if needed more • Politics - States saw it as “free” money they “need”. Why not pursue it. . .Constituents benefitted!

17. Federal Aid and Federal Control: Fiscal Federalism • Fiscal federalism is the use of federal taxing and spending which impacts the states through grants-in-aid. • Grant-In-Aid programs been around for 200+ years. Feds sell land to fund programs! • Conditions of aid: tell state governments what they must do if they wish to receive grant money. Raising the drinking age to 21 is an example of this.

18. Types of Fiscal Federalism: Categorical Grants • Categorical grants are for specific purposes defined by federal law with strings attached; they often require local matching funds. • There are two types of Categorical Grants • Project grants are based on competitive applications and must be used for a specific purpose (like building an airport). States don't have to accept these, but if they do they must comply w/ fed. standards. • Formula grants are based on a formula (like the percentage who fall below the poverty level)Do you meet the formula? i.e. public housing, employment programs

19. Devolution of Power: The Block Grant and Revenue Sharing • Block grants – general purposes and social service endeavors w/less strings attached. ---> more state leeway in spending of the money. • Associate these w/ 104th Republican Congress and devolution of power back to states (Welfare Reform Act of 1996, Speed Limit) • Devolution occurs when the federal government gives more authority and discretion to state governments. • Revenue sharing requires no matching funds and can be spent on almost any governmental purpose. General grant of money to states to spend as they please --- > even more leeway than block grants. • Associate these w/ Nixon and Reagan -- more New Federalism • As budget deficits skyrocketed, these ended – “no more revenue to share.” • Not all states are treated equally. . . when it comes to fiscal federalism. . . its the role of the politician to take care of ones constituents! With a $3 trillion budget, there is plenty to fight for!

20. Types of Fiscal Federalism: The Mandate • Mandates: federal rules that states or localities must obey, generally have little or nothing to do with federal aid. But if you don’t comply, you don’t get the funds (Special Education, Medicaid) • An unfunded mandate occurs when states must comply with a federal law but are not provided with funds. (Americans With Disabilities Act).

21. U.S. v. Lopez Fact Path McCulloch v. Maryland • Could Congress charter a national bank? • Yes, even though this power is not explicitly in the Constitution • John Marshall upholds the constitutionality of Implied Powers • Could states tax the national bank? • No, because “the power to tax is the power to destroy.”

22. U.S. v. Lopez Fact Path • In Gibbons v. Ogden (1824), the Court defined commerce broadly, to include all “intercourse” between states. Commerce is more than trade; it includes navigation.

23. U.S. v. Lopez Fact Path • In Heart of Atlanta Motel v. US, which is not technically a federalism case, the Court upheld the Civil Rights Act of 1964 using the Commerce Clause. This greatly expanded federal power.

24. Reaction against big government • By the last quarter of the twentieth century, many scholars thought that the Tenth Amendment had little relevance. • General consensus in late-70s that power of govt. had gone too far. • 3 “outsiders” (Carter, Reagan, Clinton) elected as President. • Questionable effectiveness of some fed. programs. • Tax revolt (California Prop 13).

25. What is left of state power? • Reduction of Great Society-style fed. aid to cities, and restoration of principle that states should take on more responsibilities: • Elimination of revenue sharing. • Reduction of categorical grants. • Increased use of block grants. • Reduction of fed. regulations, e.g. granting of waivers to states that want to experiment with welfare reform. • End to future unfunded mandates as part of Contract with America. • Then, along came the Lopez case…

26. AMERICAN FEDERALISM: STATES' RIGHTS v. NATIONALIST APPROACH

27. Positives and Negatives of Federalism • Negative view: Federalism blocks progress and protects powerful local interests. • Positive view: Federalism contributes to governmental strength, political flexibility, and fosters individual liberty and the development of leaders. • Federalist #10: small political units allow all relevant interests to be heard.

28. Advantages and Disadvantages of Federalism Advantages • Multiple layers of government---increases participation and provides greater access • Promotes innovation ion handling complex problems---states as “labs” • Provides regional centers for various issues • Encourages diversity in solving issues Disadvantages • Leads to fragmentation of policy • Basic inequities in the federal system • Too many layers of government—each with a cost to taxpayers • State and local constituencies can obstruct and delay implementation of national policy i.e. Yucca Flats Nuclear Storage Facility

29. States' Rights and Nationalist Approach States’ Rights • Const. a compact created by states. • Const. carefully limits national authority to delegated powers. • 10th Amendment gives broad powers to states. • When in doubt as to which holds a power, matter should be resolved in favor of states. • Implies strict constructionist approach. • National govt. has gotten too big and impersonal. • State govts. are closer to the people. • Followers: Calhoun, Goldwater, Reagan, southern conservatives, western conservatives. • Selective Incorporation of Bill of Rights Nationalist • Const. created by people (“We the people…”) • Elastic, commerce, and taxing/spending clauses give great power to national govt. • Powers go to states only if they have been surrendered by national govt. • When in doubt, matter should be resolved in favor of national govt. • Implied loose constructionist approach. • Size of federal bureaucracy has remained relatively constant for last 40 years. • While state govts. may be closer to people, some of those state govts. have violated people's basic rights (e.g., South during first 70 years of this century) -- national govt. has been key protector of rights. • Followers: Hamilton, Marshall, Webster, TR, FDR, JFK, LBJ.