GPOSC 225 1st Edition Lecture 7 Outline of Last Lecture II. Federalist 49 & 51III. Federalist 47 – TyrannyIV. Federalist 48 – Danger in LegislationV. Federalist 49 – Amending the ConstitutionVI. Federalist 51 – Separation of PowersOutline of Current Lecture VII. FederalismVIII. Why Federalism?a. Glueb. Labc. Libertyd. DemocracyIX. Why not Federalism?a. Federalism and how APD has changed over timeX. Bank Controversy 1791Current LectureFederalismFederal government: There are local governments as well as national governments that can make final policy decisions regarding some government activities and who’s existence is constitutionally protected. - Must be independent- Must be binding decisions- Must be beyond control Unitary governments are not necessarily undemocratic. Confederate systems – Prof. Lupert can’t think of this government in the world today; the only example is the USA under the articles of Confederation.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.NOTE: they wanted a federal government not a decentralized government (so delegating laws tosmaller counties but still subject to central government). USA, Australia, India, Germany, Switzerland, and Canada are all examples of decentralized governments. NOTE: All of the federal constitutional rights in the Bill of Rights didn’t apply to state governments until the 50’s (after WWII).NOTE: The constitution never uses the word “federalism”.Sources of Constitutional protection for the states are found in:- Article IV Section 1 and 3 – Territorial integrity clause – basically recognizes that the states exist geographically. - Article V- Article I (arguably) – The national government has limited powers, enumerated. So the 50 states enjoy all other powers.- Article 1 sec 9 - - 10th amendment – The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.o Remember: others proposed amendments as structural changes in the constitution, but Madison wanted to preserve it. So he drafts the bill of rightsambiguously. It does not at all answer which powers are delegated to the US government. BUT it never uses the words “Explicitly” or “expressly” in the 10th amendment. That would completely change the meaning of this amendment. Madison had no interest in constraining the national government in this amendment. He assumed the need for flexibility.NOTE: it was assumed that states would still be the primary policy makers. It was a rural world where the national government basically just delivered the mail. Why Federalism?There are arguments for and against- valid arguments. It is constitutionally grounded. The federalist system under the constitution is required to have distribution of powers between national and local governments.GLUE – Federalism holds small local pieces together. [e.g.] Canada, Belgium, Switzerland, each have ethnic pieces that remain parts of the whole with ability to make policy over their own region. They have a great deal of autonomy.LABS – federalism and states as laboratories of democracy. According to Justice Brandeis 1932, 1). Democratic states can experiment to produce democratic experimentation. [e.g.] voting day vs. voting window. 2). Policy experimentation, trying different policies at a low cost. E.g. catalyticconvertors on cars in California that was later implemented as a national policy. LIBERTY – Federalism promotes and protects liberty -> Madison in Federalist 51 says that states are watchdogs over the constitution. DEMOCRACY – (a) allows people to “vote with your feet”. You have a right of exit, you can move to another state. It accommodates your values. (b) Federalism promotes “more points of entry” to the government -> you can contact your congressman, your senator local politicians, etc. Why Not Federalism?- The disadvantages claim that state sovereignty allows for localized oppression. Example – state bans on interracial marriages in Loving VS Virginia (1967). - Inefficient – implementing policy enacted by 50 state government, costly. “race to the bottom”, it turns states into competing businesses. [e.g.] coal production – producing extreme pollution but the states need revenue so they’re not going to pass state laws in order to regulate it. Inefficiency of federal national policy. - They argue that federalism actually undermines democracy, not promotes it. o VIA election fatigue (what if we don’t have to vote as often)o And accountability. Instead of more points of entry they argue that it’s hard to locate a point of entry – who’s in charge. [e.g.] Medicaid programs – are too complex and hard to implement. States don’t want to accept the money to implement Medicaid – some states even tried to taxit, pass laws to hinder its implementation.Federalism and American Political development – how has this changed over time?Bank Controversy 1791Necessary and Proper clause – Hamilton wants a national bank. Washington asks Jefferson if congress has the power to create a national bank – it’s not an enumerated power so this only comes under the N&P clause. Necessary should mean “essential” – he sees the constitution as limiting congress, and says you must demonstrate how not exercising an implied power (very short list) will restrict the ability to exercise an enumerated power. It must be necessary, not just“convenient”.Hamilton defines Necessary as Reasonable and Convenient. Is a bank conducive to the enumerated powers, does anything literally prohibit it. Congress can create corporations because it never says you can’t. Loose interpretation vs. Jefferson’s strict one. Madison fights the National Bank too, but Washington eventually signs it into action. In 1891 it reaches the Supreme Court in one of the most famous Supreme Court cases of all time: McCulloch vs. Maryland. Judge Marshal said the constitution can’t specify everything so the wording can always be in dispute. But the court established a more liberal interpretation of the Necessary and Proper