POLS 206 1st Edition Lecture 5Outline of Last Lecture I. Figuring out the set-up of the new governmenta. Articles of Confederation- did not work, Shay’s Rebellion was one resultb. Making the Constitution- North vs. South, Federalists vs. Anti-federalistsc. The Constitution’s principles and Rules for Amending/RatifyingOutline of Current Lecture II. Federalisma. Definition, origin, and other power systems b. Advantages vs. Disadvantageslll. Advantages vs. DisadvantageslV. Power Divisiona. Powers Federalism has, does not have, and implied powersb. McCulloch vs. Maryland Supreme Court CaseV. Division between State and Federal Powera. State Power: what it can and can not dob. Comparing State and Federal Powerc. Clauses Current Lecturel. Federalisma. Definition: essentially, Federalism is the central and regional governments sharing powersb. Origin: Federalism really started from the Articles of Confederation (what we learned from the mistakes that came out of it). The founders then came to realize we really need a strong central power but people also need to govern themselves- a complicated compromise that means we need a representative government. c. Other types of powers in the United States: Unitary- strong central government with all power (such as College Station gets it’s power only from the state government); Confederal- each state has equal say (such as the United Nations all have equal power say) ll. Advantages vs. Disadvantagesa. Advantages: Local decisions can have an effect on governmental decisions (you can change laws in your community); decrease the fighting between government and citizens; can have policy experimentation (such as No Child Left Behind was only tested in Texas before tried at a national level); makes national policy goalsb. Disadvantages: causes complexity (if you pay taxes in one state and move to another where there’s no taxes, you still have to pay little taxes to the other state), confusion (a lot of different laws in different states), and duplication (there are laws that are in everystate, such as no murdering people); can increase conflict between state and federal governments; there is inequalities between policy and service (certain states can not afford certain policies); reduces accountability (who is the responsible party after a natural disaster-state, city, or Federal government?); causes coordination to be difficult ( tough to know who is in charge of what)lll. Power Divisiona. There are several powers Federalism has such as: economic control (make taxes, pay USdebts, borrow money, coin money, regulate commerce, and make weights and measures to keep from inflation), make a Federal Court system, and protect the country(yield a defense, declare war, and keep the Maritime and International Law).b. There are many powers Federalism does not have such as: supervise slavery before 1808, suspend people of writ of habeas corpus (holding accused people of a crime), controlling Bills of Attainder, establishing nobility titles, taking money out of the treasury without certain bills, as well as keeping ex post facto laws.c. There are also implied powers Federalism has. The idea that when the founders were writing the Constitution, they did not know all of the responsibilities the federal government would have so this allows the government to make laws the government has to do. The “necessary and proper clause” has let the federal government to have more power. The “elastic clause” gives the government ability to change when need be.d. McCulloch vs. Maryland (1819)- The first Supreme Court case to challenge or interpret just what the “necessary and proper clause” is. The result of the case was that Congresshad authority as long as it’s acts were consistent with the spirit and within the scope of the Constitution, as well as legitimately made to use the enumerated powers properly.lv. Division between State and Federal Powera. State Power: essentially, any powers not specifically granted to the federal government-10th Amendment. So the State government can regulate intrastate commerce (make taxes within the state), keep a state militia (later became federal government’s job with the National Guard), and make any laws necessary to protect the health, welfare, and safety of the people. b. The State Government cannot do anything specifically the federal government is in charge of doing (such as make treaties or alliances, tax imports or exports, or engage in wars). c. When comparing State and Federal governments, there really is not much of a difference in their responsibilities. The major distinction is the State is in charge of that specific state and the local population. The Federal government is in charge of running the states combined as a nation. Both have responsibilities such as impose taxes, borrow money, establish courts, and provide for the general population, but the State’s power is just on a smaller, more local scale. d. There are several clauses that specify the rules: i. Supremacy Clause (Article lV, Clause 2): States cannot counter national power. So when state and federal laws disagree, federal laws pretty much always wins. The government needed to make sure the Constitution was the highestlaw of the land. The McCulloch vs. Maryland was the first case to consider thisclause.ii. The Commerce Clause (Article l, Section 8, Clause 3): Congress has the power to regulate commerce internationally and between several states. Gibbons vs. Ogden proved this clause. The limitations of the Federal government in this area is explicitly shown in the Constitution. iii. The Full Faith and Credit Clause (Article 4, Section l): Each state must follow the “public acts, records and judicial proceedings” of other states. So essentially this was a way to make sure when one state recognizes something, others will too (such as a marriage; this way you do not have to get married in all 50 states). iv. The Privileges and Immunities Clause: Citizens from each state are entitled to certain immunities and privileges other states do not have. States cannot discriminate against citizens of other states or give special privileges totheir own
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