POLS Ch 2 Lecture Notes 9 14 12 Federalism Sharing of power between central and regional government Systems of power Unitary Power is concentrated in a central government Confederal Power is concentrated in regional government o China o British Parliament o NATO o UN Federal Power is shared between national and regional government as independent equals Shay s Rebellion Rebel because of government taking his farm after not paying him for serving in the army Annapolis Convention Origins of federalism Problems with Articles of Confederation o Allowed states to govern themselves o 9 13 states to make laws o 13 13 states to amend articles o Couldn t tax o 13 different currencies Advantages of Federalism Government decisions can reflect local preferences Reduces conflict between citizens and government Allows for policy experimentation o No Child Left Behind TX Facilitates national policy goals Disadvantages of Federalism Complexity confusion duplication Can increase conflict between governments states Policy and service inequalities Reduces accountability Makes coordination difficult Division of powers Powers of Federal Government Enumerated Powers o Establish and collect taxes o Pay US debts o Provide defense o Borrow money o Regulate commerce o Establish Federal Court system o Coin money o Weights and measures o Declare War o Maritime and International Law Prohibited Powers o Regulating slavery before 1808 o Suspending writ of Habeas Corpus Show me the body o Bill of Attainder Any law can t be directed at a specific individual without a trial o Ex post facto laws Can t charge someone for an offense that was a law later in time o Granting titles of nobility o Withdrawing money from treasury without appropriations bills Implied Powers Article 1 Section 18 Necessary and Proper Clause Elastic Clause o McCulloch v Maryland 1819 Supreme court says federal government is allowed to create a bank First case to consider necessary and proper clause and supremacy clause 10th Amendment says all rights not delegated to federal government are reserved for the states Powers of State Government Police powers Regulate intrastate commerce Maintain a state militia Enact whatever laws are necessary to protect the health welfare and safety of its citizens Concurrent powers Powers that state and federal government both have Powers Prohibited to states STATES MAY NOT Form treaties or alliances Emit Bills of Credit Coin Money Grant Titles of Nobility Bills of Attainder ex post facto laws Impair private contracts Tax imports or exports Engage in War Regulate commerce Levy and collect taxes Borrow money Establish courts Make and enforce laws Provide for general welfare Charter banks and corporations Supremacy Clause States can t counter national policy U S Constitution U S Laws State Constitution State Laws Expansion of Federal Government Commerce Clause Congress has power to regulate commerce o Gibbons v Ogden 1824 Established that federal government is supreme in all matters affecting interstate commerce States obligations to other states Full Faith and Credit Clause o Basis of extradition Defense of Marriage Act 1996 Allows states to decide what they recognize as marriage o Hawaii is first state to recognize gay marriage Privileges and Immunities Clause States can t discriminate against citizens of another state or give special privileges to their own citizens Development of Federalism Separate Powers Dual Federalism State and federal government have their own authority in their own spheres o 1865 1933 End of Civil War Great Depression o Layered Cake o Federal Powers Internal improvements Support to industry Protective tariffs Gave away federal land Patent protection Postal system Currency Support business and economy Development of laws and regulation Public health Public education Basic public services Criminal Justice Elections Politics Support the people s needs o State and Local Cooperative Federalism States and federal government cooperate in problem solving Responsibilities are intermingled o 1933 Present o Marble Cake o Began with FDR s New Deal Programs required joint action Created new funding mechanisms Initiated federal deficit spending Programs became more complex o Changed as federal government power grew under Commerce Clause LBJ s Great Society Civil rights 1964 Voting rights 1965 Environmental law Pre emption Doctrine and Supremacy Clause Picket Fence Federalism Picket Fence Federalism Centralized Federalism Issue Post Federal State Local Government 2x4 Best way to have programs is to hit all three New Federalism Devolution 70 s and 80 s people question if government is too big Reaganomics Goal is to return power back to states Begun by republican but carried on by Clinton o Balance budget o Welfare reform September 11th caused federal government to grow bigger and gain power Supervising Federalism Nation Centered o Heart of Atlanta Motel v United States Private motel refuses service to blacks They sue Federal government says motel is wrong by violating commerce clause State is losing money State Centered Back to nation centered o United States v Lopez 1995 Guns on campus don t affect commerce o Bush v Gore Take away states ability to decide how to handle punched holes Instead of doing recount they decide where Florida is headed Federalism and Funding Under Cooperative Federalism They work hand in hand to implement federal programs Fiscal Federalism Idea that federal government controls states by giving money for implementing wanted policies o Ex If the states maintain the drinking age at 21 the federal government will fund their highways
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