PSCI 1040 1nd Edition Lecture 3 Outline of Last Lecture I The Declaration of Independence II Constitutions III The Articles of Confederation IV The United States Constitution V Evaluating the Constitution Outline of Current Lecture I Federalism II Debate III Federalism Requires IV Reasons V Cooperative Federalism A New Deal B Expansion of National Government C Distribution of Powers VI Fiscal Federalism VII Supreme Court s Shift in Perspective VIII Recent Trends in Federalism Current Lecture I Debate These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute II III IV Federalists favored strong national government Anti federalists favored a weak central government Federalism Requires Each level of gov has Its own elected officials Power of taxation Independent authority to pass laws regulating the lives of its citizens Dillon s Rule 39 50 states follow Local governments are creatures of the state counties etc A state legislature can alter the boundaries of a local gov expand or narrow its powers or abolish it at any time Dual Federalism powers of federal and state are strictly separate and state governments and national governments are equally authoritative American Federalism Defined By Constitutional Powers of the National Gov enumerated powers and Necessary and Proper Clause implied power Constitutional Powers of the State Governments 10th amendment of Reserved Powers and Police Powers States Obligation to Each Other Full Faith and Credit Clause and Privileges and Immunities Clause Powers Denied to Both Bill of Rights Reasons for Federalism Compromise A For Anti Federalists Congress given specific delegate powers not general powers States have independent authority State boundaries unchangeable without consent 10th amendment B For Federalists Necessary and Proper Clause The Congress shall have power to make all laws which shall be necessary and proper for execution of the foregoing powers McCulloch vs Maryland 1819 States cannot override national laws authority to create national bank for Congress Supremacy Clause Diversity of States Practicality Cooperative Federalism Commerce Clause national gov uses to extend its authority by claiming a criminal act affects interstate commerce think of the narcotics laws it is a federal offense to have enough narcotics on person to have intent to distribute Congress ties narcotics to interstate commerce because drugs can cross state lines thus affecting interstate activities A New Deal Programs Claimed the programs required national government regulation on things such as employee wages mining safety and other regulations B Preemption States completely or partially excluded from regulating in certain areas Copyright Interstate railroads Immigration Airline regulation C Distribution of Powers V Fiscal Federalism Gov gives national government power to tell states they must exercise a power in a certain way or else gov funds will be withheld Money as Power A Grants in Aid VI VII Categorical Grants federal funds given to a state without much direction or instruction on how to use the money Block Grants federal funds must be used for certain purposes in state Conditional Funding a state must do something prior to being given aid EXAMPLE the law requiring all states to up the drinking age to 21 stated that until a state obeyed highway budgets would be cut in half Supreme Court s Shift in Perspective US vs Lopez 1995 Dealt with a Handgun Act and National School Zone Safety where Congress tried claiming a handgun could not be within x amount of feet of a school and that it pertained to the commerce clause in that school safety affected business Not enough to mandate and create a law Printz vs US 1997 Gun issue and unfunded mandate Tried requesting states to collect materials for and conduct background checks without giving them the funding to do so Supreme Court ruled unconstitutional US vs Morrison 2000 Violence against women issue Congress could not tie violence towards women based on gender to the commerce clause Mandate requirement that a state undertake an activity or provide a service imposed by the national gov Unfunded Mandate Congress does not supply a state with necessary funds to carry out their regulations they are imposing Recent Trends in Federalism Concerns about the expanse of federal gov Calls for devolution and return of state power Concerns over deficit spending Leading to increased competition for federal resources Unfunded mandates