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Pitt PS 0200 - Dual Federalism

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PS 200 1st Edition Lecture 5Chapter 3: FederalismI. What is Federalism and Why Does It Matter?A. Federalism: division of power across local, state, and national governmentsB. Sovereign power: national and state government each have some degree of authority and autonomyC. Federalism matters because the level of government that dictates policy can make a big differenceD. Levels of Government and Their Degree of Autonomy1. National government is responsible for national defense and foreign policy2. State and local governments responsible for conducting elections and promoting public safety, orpolice powers3. Police powers: power to enforce laws and provide for public safety4. Concurrent powers: responsibilities for a particular policy area that are shared by all level of government5. National government has additional responsibilities through implied powers that are inferred from the powers explicitly granted in the ConstitutionE. A Comparative Perspective1. Unitary government: system in which the national, centralized government holds ultimate authority. It is the most common form of government in the world2. Confederal government: states have the most power and often can veto actions of the central government (Articles of Confederation)3. Intergovernmental organizations: organizations that seek to coordinate policy across member nationsII. Balancing National and State Power in the ConstitutionA. A Strong National Government1. Desire for strong national government to provide national security and a healthy, efficient economy2. Congress was granted power to raise and support armies, declare war, and “suppress insurrections and repel invasion”. President would oversee the conduct of war3. Congress’s power to regulate interstate commerce promoted economic efficiency and centralized an important economic power at the national level, and many restrictions on state power had similar effects4. Necessary and proper clause gave Congress power to make al laws that were necessary and proper5. National supremacy clause says that the Constitution and all laws and treaties shall be the supreme law of the land6. If any state law conflicts with national law or constitution, national law winsB. State Powers and Limits on National Power1. States have power to choose electors for electoral college2. States have central role in amending Constitution. 3/4 of states must ratify amendment, but statescan also bypass Congress in proposing amendments if 2/3 of states call for conventionC. Clauses That Favor Both Perspectives1. Full faith and credit clause: Each state’s laws must be honored by the other states. i.e. marriage2. Privileges and immunities clause:states must treat nonstate residents within border as they wouldtreat their own residents. Meant to promote commerce and travel between states3. Privileges and immunities clause allows states to determine and uphold laws autonomously, but it also emphasizes national citizenship is more important than state citizenshipIII. The Evolving Concept of FederalismA. The Early Years1. The Federalists (George Washington, John Adams, and Alexander Hamilton) favored strong national power and Democratic-Republicans (Thomas Jefferson and James Madison) favored state power.2. Establishing National Supremacya. Federalists established a national bank in 1791 over Jefferson’s objections = problemsb. Congress charters second national bank in 1816 in Maryland, which was controlled by Dem-Repub, tried to tax it out of existence.c. McCulloch v Maryland (1819) - Court ruled in favor of national government that the bank wasallowed and Maryland did not have power to tax it. d. Gibbons v Ogden (1824), Supreme Court held that Congress had broad power to regulate interstate commerce, and struck down New York law that granted monopoly to a private company operating steamboats between NY and NJ. This was based on commerce clause, because NY was interfering with interstate commerce3. Pressing For States’ Rightsa. Southern states challenged federalism on issues such as tariffs and slaveryb. States’ rights was the center of dispute between S and N states over slavery, leading to secession of Confederate states and Civil Warc. Abe Lincoln said if states were allowed to ignore national law, then US would fall apartB. Dual Federalism1. Besides states’ rights and nullification, Supreme Court’s Dred Scott decision caused Civil War2. Dual federalism: favored by Chief Justice Roger Taney, where national and state gov are seen as distinct entities providing separate services. This limits power of national government3. Taney Court expanded power to state over commerce in ways that would not be accepted today4. Dred Scott and Civil Wara. Dred Scott v Sandford (1857): Dred Scott was a slave who lived with his owner for years but was living in Missouri, a save state, when his master died. Scott petitioned for freedom under Missouri Compromise, which said slavery was illegal in any free state. b. Taney Court said slaves were private property because Missouri Compromise violated Fifth Amendment (“life, liberty, and property”) because it deprived people of property w/o due process of lawc. This caused Civil War. After Civil War, Constitution amended to ensure Union’s view on states’ rights were law of the landd. Civil War banned slavery, prohibited states from denying citizens due process or equal protection, and gave newly freed male slaves right to vote5. The Supreme Court and Limited National Governmenta. In 1873, Court reinforced dual federalism, ruling that 14th Amendment did not change balanceof power between national and state government. b. Court ruled 14th Amendment’s right to due process and equal treatment only applied to individuals’ rights as citizens, not to state citizenship. c. 1875 Civil Rights Act, Congress overturned equal treatment in public accommodations. This left national government powerless to prevent southern states from implementing local and state laws (Jim Crow laws)d. Commerce clause: powers of Congress to regulate economy granted in Constitution. Court set boundaries between intrastate and interstate commerce, ruling Congress couldn’t regulate activity within a stateC. Cooperative Federalism1. In 1930s, national government became more involved in activities such as education, transportation, civil rights, and agriculture. 2. In National Labor Relations Board v Jones and Lauglin Steel Corporation, Supreme Court gave Congress


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