PS 0200: Introduction to American PoliticsThursday January 15 2015:The Politics of Federalism: Change and Import1. The early yearsWho is supreme?The Players:Democratic-Republicans(Thomas Jefferson) vs. Federalists(John Adams, Washington & Hamilton)The SituationSecond National Bank, 1816 in Baltimore, MarylandMaryland State legislature controlled by Dem.-RepublicansThey tried to tax the bank out of existenceKey IssuesDoes Congress have:Power to create a national bank?Does Maryland have:Power to tax?The Ruling:Yes congress can create a national bankOther fronts in battle over national vs. stateAlien and Sedition acts- illegal to make slanderous or violent statements against the government- silences criticism of the governmentJefferson’s StrategyDoctrine of interposition, i.e. nullification of Alien and Sedition ActsHow fast did national power grow?Coalition of states right advocatesWhere this leads CIVIL WAR2. Dual Federalism, 1789-1937IN early years, Supreme Court reaffirmed national powerChief Justice Marshall replaced by Roger Taney after Marhsall’s deathTaney wants state power to trump national governmentSupport of State PowerDistinct, little overlap (i.e. Layer Cake)National government limitedExamples: Can the state of Massachusetts itself impose trade sanctions on BurmaDual Federalism:From Barron v. Baltimore (1833) – Case in which 5th amendment is violated, city of Baltimore takes property by dumping sand in Barron’s harborOther Key Moments:1873: 14th amendment doesn’t change power balance1875: Court overturned Civil Rights ActInterstate v. intrastate commerce: If Kentucky sells whiskey in Kentucky, Federal Government cannot tax it3. Cooperative Federalism, 1937-PresentDistinctions BlurredProgressive EraOther Changes- changes in technology, business becoming increasingly national“Marble Cake” FederalismVs. Dual federalism, Marble cake is blendedPicket fence analogyCooperation within policy jurisdictionsHarder to coordinate?4. Fiscal Federalism, 1937-PresentMoney sent from federal government to lower levelsMoney doesn’t equal cooperationBlock grantsNo strings attachedExample: Community Development Block GrantsNew Advocates: RepublicansLed by presidents Nixon and Reagan, they see this as giving power back to state governmentMaximizes states ability to enact policies, and does not tie their hands5. Coercive Federalism, 1970s-PresentGifts that are seen to tie states’ handsExamples: Clean Water and Air Acts-Anchorage, AlaskaUnfunded mandates: laws without sufficient moneyLess money than costEnforceable dutyNo opting outExamples: 1996 minimum wage increase, Race to the Top6. Fragmented Federalism, 2013-???Pickerill and Bowling, “Polarized Parties, Politics and Policies: Fragmented Federalism in 2013-2014”Argument: Federalism is FragmentedGridlock + divided government at federal levelUnified party control + polarization at state levelResult- congress doesn’t do anythingState PoliticsRestrictions of abortion, same sex marriage, income tax etcExample: Same-sex marriageDefense of Marriage Act of 1996- Marriage is between a man and womanOverturned 2013Federalism issuesFragmentationFederal lawsLegalization of MarijuanaControlled substances act of 1970-federal drug policyMedical Marijuana 1996- California legalizes Marijuana for medical useGonzales v. Raich (2000)Colorado, Washington, Oregon, AlaskaCorrelates with patterns of state controlFederalism issuesConflict with federal lawUncertainty- ‘precarious state of affairs’ PS 0200: Introduction to American Politics Thursday January 15 2015: The Politics of Federalism: Change and Import  1. The early years Who is supreme?  The Players:- Democratic-Republicans(Thomas Jefferson) vs. Federalists(John Adams, Washington & Hamilton) The Situation- Second National Bank, 1816 in Baltimore, Maryland o Maryland State legislature controlled by Dem.-Republicans They tried to tax the bank out of existence  Key Issues- Does Congress have:o Power to create a national bank? - Does Maryland have:o Power to tax?  The Ruling:- Yes congress can create a national bank Other fronts in battle over national vs. state - Alien and Sedition acts- illegal to make slanderous or violent statements against the government- silences criticism of the government Jefferson’s Strategy- Doctrine of interposition, i.e. nullification of Alien and Sedition Acts How fast did national power grow?- Coalition of states right advocates - Where this leads CIVIL WAR 2. Dual Federalism, 1789-1937 IN early years, Supreme Court reaffirmed national power- Chief Justice Marshall replaced by Roger Taney after Marhsall’sdeath- Taney wants state power to trump national government  Support of State Power- Distinct, little overlap (i.e. Layer Cake)- National government limitedExamples: Can the state of Massachusetts itself impose trade sanctions on BurmaDual Federalism:- From Barron v. Baltimore (1833) – Case in which 5th amendment is violated, city of Baltimore takes property by dumping sand in Barron’s harbor - Other Key Moments:o 1873: 14th amendment doesn’t change power balanceo 1875: Court overturned Civil Rights Acto Interstate v. intrastate commerce: If Kentucky sells whiskey in Kentucky, Federal Government cannot tax it  3. Cooperative Federalism, 1937-Present  Distinctions Blurred- Progressive Era- Other Changes- changes in technology, business becoming increasingly national  “Marble Cake” Federalism - Vs. Dual federalism, Marble cake is blendedPicket fence analogy - Cooperation within policy jurisdictions- Harder to coordinate? 4. Fiscal Federalism, 1937-Present  Money sent from federal government to lower levels- Money doesn’t equal cooperation  Block grants- No strings attached- Example: Community Development Block Grants  New Advocates: Republicans- Led by presidents Nixon and Reagan, they see this as giving power back to state government o Maximizes states ability to enact policies, and does not tie their hands 5. Coercive Federalism, 1970s-Present- Gifts that are seen to tie states’ handso Examples: Clean Water and Air Acts-Anchorage, Alaska - Unfunded mandates: laws without sufficient moneyo Less money than costo Enforceable dutyo No opting outo Examples: 1996 minimum wage increase, Race to the Top  6. Fragmented Federalism, 2013-??? Pickerill and Bowling, “Polarized Parties, Politics and Policies: Fragmented Federalism in 2013-2014” 