Chapter 3 Federalism

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April 24, 2010
Arizona governor Jan Brewer passed regulations for police to question illegal immigrants
July 2010
District stopped court from allowing police to question immigrants
How many does the Constitution bind?
more than 89,000 different governments at national, state and local levels
Federal System
National and state governments share power and derive all authority from people
National government derived powers from states…weak central government
Unitary System
Local and regional governments derived from all their power from a strong national government
Article I section 8
Enumerated powers:
coin money
conduct foreign relations
provide for an army and navy
declare war

elastic clause (necessary and proper clause)
implied powers

implied powers
powers that congress has that are not stated explicitly in the constitution
Article VI (supremacy clause)
National government is to be supreme
Migratory Bird Missouri
1920- sought to prevent US game wardern from enforcing this, which prohibited killing of this species of birds

10th amendment (state’s powers) allowed states to win…but court ruled that treaty was supreme, national wins

Article I
allows states to set “Times, Places, and Manner..for holding elections for senators and representatives
Article II
Requires that each state holding elections for senators and representatives
Article IV
provides each state with “Republican Form of Government”

Full faith and credit clause

Privileges and immunities

extradition clause

Interstate compacts

Tenth Amendment
final part of the Bill of RIghts

Reserved rights (reserved or police powers)

Reserved powers
Ability to legislate for public health, safety, and morals of citizens
Concurrent Powers
Powers shared by national and state governments
Bill of attainder
Law declaring an act illegal without a judicial trail
Ex post facto laws
Laws that make an act punishable as a crimes even if the action was legal at the time it was committed
Article III
Disputes between states be settled directly by US Supreme Court under original jurisdiction as mandated by Article III of Constitution
Full faith and credit clause
Ensures judicial decrees and contracts made in one state will be binding and enforceable in another, thereby facilitating trade and other commericial relationships
Privileges and Immunities
Guarantees that citizens of each state are afforded same rights as citizens of all other states
Extradition clause
Requires state to extradite or return criminals to states where they have been convicted or able to stand trial
Insterstate compacts
Contracts between states that carry the force of law
Chief Justice John Marshall
in early 1800s

McCulloch v. Maryland
Gibbons v. Ogden
Barron v. Baltimore

MacCulloch v. Maryland (1819)
1)buy stamped paper from the state on which bank notes were to be issued
2) pay state $15,000 a year
3) go out of business

James McCulloch refused

First major Supreme Court decision to define the relationship between national and state goverment

violated supremacy act b/c individual states can’t tax federal

When did Congress charter the second bank?
Gibbons v. Ogen (1824)
Dispute that arose after the New York state legislature granted Robert Fulton exclusive right to operate steamboats on Hudson River

NY had no constitutional authority to grant a monopoly to single steamboat operator, which interfered with interstate commerce

Barron v. Baltimore (1833)
Does Due process law apply to actions of states?

John Barron complained the city messed up his harbor…sued…5th amendment said he had no federal claim b/c enumerated rights contained in Bill of Rights not a limit on states

Justice Roger B. Taney
Saw Court as above these pressures and as an arbiter of those competing state and nationalist views
Taney Court
Devloped doctrines enunciated by Marshall

emphasized authority of states to make laws necessary to well being

Dual Federalism
Belief that having separate and equally powerful levels of government is best arrangement
Dred Scoot Decision
Dred Scott bought freedom

ruled 7-2 that Scott not a citizen of US…Congress lacked authority to ban slavery

Thomas Jefferson, James Madison

states had right to nullify any federal law that violated Constitution

John C. Calhoun (vp)
John C. Calhoun (vp)

badly affected home state of South Carolina

federal government agent of states, and Constitution compact that provided instructions about how the agent was to act.

US Supreme Court not legally competent to pass judgment on constitutional validity of acts of Congress

Tariff of Abominations
Difficult for South Carolina to see and buy crops
Effecs of Civil War?
Calhoun theories justified…slave controversy

Destroyed federalism, and added in 13th amendment, 14th amendment, and 15th amendment

What acts established Congress as supreme player?
Interstate Commerce Act and Sherman Anti-Trust Act
Sixteenth Amenment
Gave Congress power to levy and collect taxes on incomes w/o apportioned them among states
17th amendment
Enhanced power of national government at expense of states. terminated state legislatures, and put election in hands of people
New Deal
1933, name given to program of Relief, Recovery, Reform begun by FDR in 1933 to bring US out of Great Depression

Civilian Conservation Corps, Agricultural Adjustment Administration, and National Recovery Administration

Civilian Conservation Corps
Work relief program for farmers and homeownders
Agricultural Adjustment Administration, and National Recovery Administration
Imposed restrictions on production in agriculture and many industries while also providing subsidies to farmers
1937- How did Congress react to John C. Calhoun
People didni’t like how FDR invaded w/ institution of gov

reversed anti-New Deal decisions

What did Congress pass?
National Labor Relations act of 1935
Fair Labor Standards Act of 1938
Agricultural Adjustment Act of 1938
National Labor Relations act of 1935
Authorized collective bargaining between unions and employees
Fair Labor Standards Act of 1938
prohibited interstate shipment of goods made by employees earning less than min. wage
Agricultural Adjustment Act of 1938
Provided crop subsidies to farmers
Cooperative Federalism
Intertwined relationship between national, state, and local
Lyndon B Johnson
made cooperative federalism
What happened to New Deal programs in WWII?
in 1950s and 1960s, federal grant-in-aid prgrams entrenched.

1960s, most federal grant programs constructed in cooperation w/ states and designed to assist states in responsibilities to protect health, welfare, and safety of citizens

Categorical Grants
Allocated federal funds to states for a specific purpose
What was done to the money?
allocated throughout states
New Federalism
Federal-state relationship proposed by Reagan administration during 1980s, hallmark returning administrative powers to state government
Federal aid in states declined

persuaded Congress to add many categorical grants

Block Grants
Large amounts of money given to states w/ only general spending guidelines
Devolution Revolution
1994- HR joined w/ Contract w/ America (proposed by House Minority Whip Newt Gingrich)

took back House of Representatives

Candidates took back House of Representative for first time in more than 40 years

Unfunded mandates
national laws that direct state of local government to comply with federal rules or regulation…but contain little or no federal funding to defray cost of meeting requirements
Unfunded Mandates Reform Act of 1995
prevented Congress from passing costly federal programs w/o debate on how to fund them and addressed primary concern for state government
Temporary Assistance for Needy Families
President Bill Clinton passed this to replace existing federal welfare program… return much of administrative power for welfare programs to states
President Ronald Reagan
2000- move to return power to states.
No Child Left Behind Act
Imposed host of federal requirements on eduaction
concept that allows national government to override state or local actions in certain areas
Paul E. Peterson
The Price of Federalism

governments should best divided policy-making responsibility between redistributive and developmental polices

Redistributive Policies
Government collects money from one group of citizens to finance service
Developmental Polices
Designed to strengthen government’s economic standing…building roads, and other infrastructure
What was left with the states?
Redistributive polices w/ federal financial assistance
Why aren’t the states happy about redistributive polices?
Happy w/ reserved powers under 10th amendment
Progressive Federalism
Movement that gives state officials significant leeway in acting on issues normally considered national in scope (environment and consumer production)
Due process
(law) the administration of justice according to established rules and principles

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