Lecture 3 POLS 207 Outline of Last Lecture Congressional power limits and modern centralization cont I SCOTUS dual track strategy A Narrowing Congress commerce power B Reviving sovereign immunity II Sources of modern centralization cont A Political participation system B Shifting ideological center Outline of Current Lecture Surges in Centralization I Centralization varies by historical period A 1780s B 1860s C 1930s D 1960s II Centralization varies by policy area Current Lecture Centralization varies by Historical period Policy area Centralization efforts tend to surge in response to some national crisis and then recede when the crisis is passed but things never get completely back to normal the government is always more centralized than it was before the crisis This results in a jagged upward curve representing degree of centralization o Historical period 1780s ratification of Constitution o In addition to whatever else the US Constitution did it undoubtedly made state and local governments less important than they had previously been It concentrated more power than ever before in the national government at the expense of the states and strengthened solidified the Fed s authority 1860s Civil War and Reconstruction o Civil War settled TWO of THREE issues Settled question of slavery Settled question of whether or not anyone in the union has a right to secede we do not have that right although the notion that the union is just a dissolvable compact among the states remains alive and well Many think of it instead as a contract between the government and the people SCOTUS rejected secession argument in Texas v White 1869 Ours is an indestructible union composed of indestructible states See D M Ch 3 85 for elaboration Did NOT settle issue of appropriate division of policy responsibilities between national and state governments The power tug of war continues o Reconstruction 13th 14th and 15th Amendments See D M Ch 15 492 96 for elaboration 14th Amendment defines citizenship both US and State Dixon said this will be a test question Three prohibitions on states Privileges and immunities Due process Equal protection What about police power of states power to protect public health safety and morals Section 5 appears to expand US Congress power BUT SCOTUS has narrowed this power to remedial legislation But section 5 gets entangled in states sovereign immunity defense so it can get tricky 1930s Great Depression and the New Deal 1960s To be cont o Policy area To be discussed in a later lecture