Chapter 3 : Federalism A) Why Federalism ? Go back to chapter 1 or 2 to see the definition for federalism. What is “The Great Princple”? The controversy over how much power should government have? First of all, why did people wanted to unify? People chose to unify for military necessity, common identity, and political advantage. o What is common identity? When a group of people share common origin, history, and or ancestry. What are the methods to form a union, in other words what are the types of government? Which method did the US use? There are 3 methods: 1. The confederal system when the power is more concentrated towards the states governments 2. The unitary system when the power is more concentrated towards the national government 3. Federalism when power is constitutionally divided between national and state government The US first tried the confederal system but it wasn’t successful, thus transitioned to federalism. The USA was one of the first nation to exercise federalism, but in 1787 about 2 dozen other countries practiced federalism. Usually, not all the time though, federalism is used in bigger countries. B) Constitutional Framework How does the Constitution offer a framework concerning federalism? 1. It provides specific powers to the national government and gives the remaining powers, which are called retained power, to the states/people 2. It sets limits of both powers 3. It lays out the relation among states as well as between the states and national government What are the national powers, state powers, and shared powers under the Constitution? National regulating interstate commerce, raising armies, declaring wars, coining money. o The most powerful authority given to the national government is inside the “Necessary and Proper Clause” which allows the government to have implied powers. States regulating intrastate commerce, regulating family laws, and handling most criminal laws o The most powerful authority given to the stat government is inside the 10th amendment which strengthens the reserved powers. Shared taxing, borrowing, spending, regulating health, regulating education, licensing, and regulating congressional elections What are the limits that the Constitution has set on Congress/national government? How about the limits on state government? Congress cannot suspend the writ of habeas corpus, make laws that declares a person guilty of a crime, and make an act illegal after the fact. Like Congress, state governments cannot make an act illegal after the fact, but also cannot engage in foreign relationship, create titles of nobilities, tax imports as well as exports, and establish any other form of government except a republic –which means that people who run in the government, either selected directly or indirectly by the people, may have limited office term and may be Groundwork for Relationships removed by the people. How does the Constitution regulate the relationship between the nation and the states? Through 3 clauses: 1. Supremacy clause ensures that federal laws are supreme over state laws. However, the Supreme Court has the ultimate power to decide which law is supreme in conflicting cases 2. The 10th amendment states that any power that is not given to the national government remains in the hands of state governments 3. The 11th amendment prohibits federal courts from accepting suits against a state by citizens of another state What happens if there is a conflict between the national government and the state government? The conflict is challenged in the Supreme Court Describe the commerce clause, credit clause, and privileges and immunities clause? Commerce clause (which ensures that Congress has absolute power to regulate commerce between states and therefore states nor Congress actually cannot set trade barriers against other states), credit clause (which requires states to accept other courts decisions although there are some exceptions such as samesex marriage or child custody), and privileges and immunities clause (which requires states to treat citizens from other states equally with some exceptions such as instate vs outstate tuition).
A) Why Federalism ?
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C) The Changing Nature of American Federalism What if nullification? When was it used/employed? Nullification is when states have the right to disregard acts of Congress when they believe it is illegal. Nullification was proposed by the Virginia and Kentucky plan which was written by Madison. Name and describe important cases/events that demonstrated the conflict between the national government and the state government. McCulloch vs Maryland the Supreme Court judge John Marshall decided that Congress could create a national bank as part of the power to coin money. Fugitive Slave clause vs Personal Liberty Law under the Fugitive Slave clause, runaway slaves had to be returned to their masters, however, in 1826 Pennsylvania passed the Personal Liberty Law that prohibited the abduction of runaway slavesPrigg vs Pennsylvania the Supreme Court ruled that Pennsylvania’s Personal Liberty Law was The Revolt against National Authority: Nullification, Slavery, and the Civil War unconstitutional What is the “Sedition Act”? What did this Act lead to? Gibbons vs Ogden the Supreme Court ruled that state government can regulate steamboat commerce A law that prohibits people from speaking against the government. This led Thomas Jefferson to refuse this Act and publish the Virginia and Kentucky Act. How did the conflicting ideas in federalism lead to the Civil War? When Lincoln, a man who disliked slavery, won the election of 1860, South Carolina, along with other states that later on, decided to secede – when a state decides to formally leave a union and formed the Confederate States.
What is “The Great Princple”?
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What were the similarities and differences between the Union’s Constitution and the Confederates’ Constitution? Both constitutions had the supremacy clause and a necessary and proper clause while the Confederate’s Constitution protected the right to hold slaves and gave states more powers. How did Congress gain more power after the Civil War? Why? During Reconstruction era, in order to promote equality for between white men and black men, Congress passed the 14th, which promoted equality for black men, and 15th amendments, which gave right to vote for women. o How was Congress’ power limited despite its success in passing the 14th and 15th amendment? In 1883, the Supreme Court decided that private businesses did not have to be equal to all individuals
Dual Federalism What is Dual Federalism? The doctrine that state governments and the federal government have almost separate functions. Yet, states exercise more power. When and how did dual federalism function in the US? Name examples. When there was no economic inequality/crisis dual federalism worked since people did not feel the need for Congress to regulate any commerce, however, with economic crisis/inequalities people wanted more interventions from Congress. For example, the Interstate Commerce Act of 1887 (which established the first federal regulatory agency), the Sherman Antitrust Act of 1890 (which broke monopolies). However, the Supreme Court did not allow Congress’ attempt to stop child labor by imposing “tax” on goods that were manufactured by children. At the end, though, Congress successfully passed the 16th amendment which gave it power to tax income.
The controversy over how much power should government have?
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Cooperative Federalism: The New Deal and Civil Rights During the Great Depression people wanted more intervention from the Congress to regulate the economy, thus President Roosevelt promoted Congress to pass laws that were meant to fix the bad economy, but the Supreme Court rejected those laws because it claimed that Congress did not have the power to pass such economic laws. How did Roosevelt succeed in allowing Congress to pass economic laws? Because the Supreme Court constantly opposed Congress’ attempts in passing economic laws designed to help the economy, he proposed the Courtpacking plan (which is adding new justices to the Supreme Court so that the Supreme Court would allow Congress to pass his policies). Although the plan was not accepted, the Supreme Court ended up accepting Roosevelt’s policies. How did President Baines Johnson strengthen the national government? During his Great Society program, he offered federal aid to public schools and healthcare (Medicare and Medicaid) as well as pushing the Civil Rights Act (which prohibits job discrimination and segregation) and Voting Rights Act.
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D) The New Federalism Who began “The New Federalism” What is it? President Nixon began shifting powers back to the hands of the state government which is known as the “New Federalism”. How did the presidents following Nixon react to the “New Federalism”? 1. President Bill Clinton did not show particular interest in federalism itself, however, he did propose a national health insurance (meaning he wanted national government to engage more in the health field) which faced strong opposition and rather opened the doors for the “Contract with America” that limited the powers of federal government. o During his term mostly state government gained power. 2. President Bush, although he was republican –which means he most likely supports state power, had to enforce the authority of the national government due to issues such as the 911 attack. 3. President Obama pushed for state power. How was the Supreme Court different in the New Federalism? During Reagan’s presidency, the Supreme Court (which was known as the “Rehnquist Court”) gave more power to the state government. o How? By making favorable decisions for the states concerning interstate commerce and by limiting national government’s authority through the doctrine of sovereign immunity E) State and Local Governments State Government What are the similarities in the structure of the national government and state government? Both governments have an executive branch as well as a legislative branch. Also, all state government (excepting Nebraska’s that have one chamber) has a bicameral legislative branch just like the national government. How are the leaders of executive branch elected in state government? Via direct election What powers does state governors have that the US president doesn’t have? Governors have the right to “lineveto” –when the governor decides to veto specific parts of a spending bill without disregarding the entire veto. Also in some states, governors are allowed to change the language in bills which allows major modification in bills –this is called “Frankenstein veto”. What is the major difference between the national government and the state government? While the federal judges (who work for the national government) are nominated by the president with the approval of the senate, state judges gain their position in various methods such as elections or Missouri Plan which is when the governor is given a list of candidates by a board of experts. Local Government Local governments are a bit more complex than state government: local government can have layers of local governments and local government does not necessarily have 3 branches. What are the types of direct democracy that local governments use? The New England town meeting: when the adults in a town meet up yearly to adopt the budget and vote on possible legislation(s). Recall: When citizens gather a certain amount of petition signatures to remove an elected official from office. Initiative: When citizens collect a certain amount of petition signatures to put proposed laws directly on the ballot for popular voting. Referendum: When legislatures put certain issues on the ballot to get approval from the citizens. What is the most typical form of local government? The New England town meeting o Why doesn’t all local governments adopt this form of government? This only works for small towns.
Supreme Court Opinions What is concurring opinion? What is a dissenting opinion?
An opinion from the supreme court justice who agrees with the bill/the court’s decision is called concurring while Religious Freedom an opinion from the supreme court justice who disagrees with the bill/the court’s decision is called dissenting. o Why do we have concurring and dissenting opinion? The Religious Freedom bill was supported by 104 Republicans out of 118 Republicans in the House of Representative, 37 out of In order to keep record of cases so that we can recall the case in the future. 39 Republicans agreed in the GA senate. However, governor Deal vetoed it. What are the arguments (from both sides)?
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Pro: People should be allowed to keep their faith without government intervention Anti: It may lead to discrimination and may drive business out. How did we get to the point that GA is suggesting the adoption of the “Religious Freedom bill”? Numerous other laws ultimately led to the suggestion of The Religious Freedom bill. In 1993, Congress passed the Religious Freedom Restoration Act (RFRA) to protect Native Americans’ use of peyote (a drug) for religious reasons. In 1996, the Defense of Marriage Act passed. In 1997, the Supreme Court said that states can make their own RFRA law. In 2004, the GA Constitutional Amendment I was passed which allowed GA to deny recognition of samesex marriage. In 2013, in US vs Windsor case, the Supreme Court ruled that each state has the right to choose whether they want to recognize samesex marriage or not –this meant that section 3 of the DOMA was stroke down. o Right now 36 states did decide for themselves if they wanted to recognize samesex marriage. Remember, public discrimination is illegal, but private discrimination is a controversy. Describe “Obergefell vs Hodges case. In year 2013, James Obergefell and John Arthur, who are both residents of Ohio, got married in Maryland because Maryland recognized samesex marriage. When they returned to Ohio (a state that doesn’t recognize samesex marriage), Ohio refused to recognize their marriage, and therefore, the couple sued the state –this case was known as “Obergefell vs Kasich”; in this case Ohio state won. However, in 2015 the Supreme Court decided that all states are required to issue marriage licenses to samesex couples, after Obergefell sued once more in order to have his dead spouse (Arthur) recognized as his husband. o What were some reactionary responses to this case’s decision? KY clerk Kim Davis refused to issue samesex marriage. NC pushed for the “Bathroom Bill” Numerous other bills proposed for protecting religious freedom