What is Federalism Chapter 3 2/24/14

2/24/14
What is Federalism
Chapter 3
Federalism
Constitution is vague
v Four
provisions provide federal dominance
v Supremacy
clause- Article VI
and proper clause (elastic clause)Article I Sec. 8
v Commerce clause- Article I Sec. 8
v General welfare clause- Article I Sec. 8
v Necessary
v States
do most of the work, Federal has
most of the power!!!
Powers Denied to National Government
– Bill of Rights
of Constitution – marriage, schooling
v  Article 1, Section 9 = 8 powers denied to Congress
v  The
division of power between the federal
government and state government.
v  Certain powers go to the state
v  Certain powers go to the federal government
v  Certain powers granted to both federal and state
government
Powers of the National Government
v  Express/Enumerated
v  Powers
specifically granted to one of the branches of the national
government by the Constitution
v  Article 1, Section 8 lists 27 powers!!!
v  Implied
v  Powers
inferred from the express powers that allow Congress to
carry out its function
Necessary and proper (elastic clause)
AKA – convenient and useful clause
v  Inherent
Powers
v  Powers
in foreign affairs that the Supreme Court declared do not
need a Constitutional provision, that grow out of the very existence
of the national government
Defining the Implied Powers
v  Expressly
v Supreme
v  Silence
v  McCulloch
v  10th
Amendment = powers not delegated to federal
belong to the states
v National
v  Gibbons
v Broad
v  Heart
v. Maryland (1819) – John Marshall
bank
v. Ogden (1824)
Congressional powers over Interstate Commerce
of Atlanta Motel v. U.S. (1964)
v Public
v  Many
Court = umpire over federalism
accommodations cannot prohibit based on race
other cases
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Conflict over Sovereignty
The Doctrine of National Supremacy
Question 1:
•  McCulloch v. Maryland court case
Yes, based on the necessary and proper given
to Congress in Article I section 8
- The Issue
1. Can Congress charter a bank?
2. If so, can the state tax the bank?
Question 2:
No, based on the supremacy clause in Article
VI
Supremacy clause- federal government has
power over state government
Gibbons v. Ogden (1824)
Dual Federalism
• The Gibbons case centered on the conflict between the states
and the powers of Congress.
• Could New York grant a monopoly concession on the
navigation of the Hudson River?
• The Hudson River forms part of the border between New York
and New Jersey and the U.S. Congress also licensed a ship to sail
the Hudson.
• The main constitutional question in Gibbons was about the
scope of Congress' authority under the Commerce Clause.
• In Gibbons, the Court upheld broad congressional power over
interstate commerce.
•  Dual Federalism- A constitutional theory that
the national government and the state
government each have defined areas of
authority, especially over commerce
•  The question of what is interstate and
intrastate
Dual Federalism
Enumerated
To declare war
Shared/
Concurrent
Shared Powers
States
To coin money
To tax
To pass laws in the
following areas:
Immigration
To create courts
Elections
Interpret the
Constitution
To create law for
general welfare
Education
To sign treaties
Borrow money
Police
Regulate interstate
commerce
Protect civil
rights
Marriage
Health
Driver qualifications
v  Concurrent
Powers
v  Powers
the Constitution gives to both the national and
state governments
v Taxes
v Regulate
commerce
spend
v Pass laws
v Protect civil rights
v Claim property
v Borrow
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What the States do for National Govt
v  Tax
v  Nominating
v  Enact
and borrow (fed only)
and enforce laws
v  Establish state courts
v  Oversee local govts.
v  Education
v  Elections
v  Naturalization
v  Transportation
v  Food
candidates
stamps
v  Unemployment comp
v  Medicaid
v  Records & documents
v  Jailing, police, sanitation,
water, fire
Interstate Relations
v 
Interstate Compacts: Cooperation amongst states
v 
v 
Must have the consent of Congress: Ex: Colorado R., Amber alert
Full faith and credit clause
v 
v 
v 
States must recognize laws, public records and court decisions
Exception = Criminal proceedings – death penalty
Williams v. North Carolina (1945) P. 106
v 
v 
“quickie” divorces ruled unconstitutional from one state to another after a quick
residence
Defense of Marriage Act (1996)
v 
States do not have to recognize same sex marriages
v 
Extradition
v 
Privileges and immunities
v 
v 
v 
v 
States can request other states return fugitives from justice
National Obligation to the States
v  Republican
Form of Government
v  Protection from invasion and internal disorder
v  Ex:
FEMA provide $ and order
v  Respect
for territorial integrity – boundary changes
New States = Congress
v  Admitting
v  Puerto
Rico
Purpose of Federal Grants and Mandates
v  Purpose
v  To
supply revenue to states
establish minimum national standards
v  Equalize wealth between states
v  Attack national problems, keeping federal agencies
smaller
v  To
Equal treatment of citizens of a different state
Ex: taxes, welfare, Alaska
Can make reasonable distinctions Ex: tuition, hunting/fishing license
Types of Federal Grants
v  Categorical-Formula
v  Special
purposes such as school lunches, highways and Medicaid
by a formula with conditions and federal supervision
v  Usually need state/local matching funds
v  Preferred by Democrats
v  Allocated
v  Project
v  Require
an application and used for certain projects
v  Block
v  Limited
amount of money based on federal fund availability
grants for specified activities
v  Greater flexibility for states in how to spend money
v  Preferred by Republicans
v  Broad
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Federal Grants to State and
Local Governments
v  Mandates
Rule-
v  imposed
by the federal government on the states as
conditions for obtaining federal grant or requirements
that the states pay the cost of certain national program
v  Example: Civil Right Law
v  Advantage:
protect minority and society
some mandates are unfunded and
have little man power to enforce it.
v  Unfunded Mandates Reform Act of 1995
v  Disadvantage:
v  50
million limit without closer look at bills that force
states to spend
v  Condition
of Aid- a condition which the state
government must fulfill in return for taking federal
funds
v  Example:
lower speed limit to 55 to get federal
highway funding
v  Drinking Age 21
v  Advantage:
availability
too many restrictions
v  Disadvantage:
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