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by: Brooke McGloon

Federalism POSC 225

Brooke McGloon
GPA 4.0
U.S Government
Jennifer Byrne

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U.S Government
Jennifer Byrne
Class Notes
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This 0 page Class Notes was uploaded by Brooke McGloon on Tuesday November 17, 2015. The Class Notes belongs to POSC 225 at James Madison University taught by Jennifer Byrne in Summer 2015. Since its upload, it has received 84 views. For similar materials see U.S Government in Statistics at James Madison University.


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Date Created: 11/17/15
POSC 225 Federalism The sharing of power between the national and state governments All authority is derived from the people Origin Under the Articles the US was governed by a confederation Articles of Confederation adopted by Congress is 1777 rati ed by states in 1781 National government derives power from states loose federation o The laws and actions of the individual states were supreme to the actions of the United States 0 National action of any kind would have to win the approval of nine states 0 No independent chief executive no national court system 0 All thirteen states had to agree to amend the Articles unanimous 0 Could not keep states from putting up barriers to trade with other states or resolve trade wars between them could not raise taxes could not make states follow laws and severely limited in its ability to conduct foreign affairs 0 Led to a weak national government 0 BUT politics were close to home and receptive to local needs small farmers and debtors among the article39s strongest supporters 0 Industrial revolution coming anyone involved in banking trade manufacturing frustrated by inability to regulate commerce among states and maintain stable international ties 0 Farmers suffered in Massachusetts because of heavy state taxes and economic depression led to Shay39s Rebellion led by Daniel Shay 1786 national congress had been powerless to deal with complaints and actions 0 Framers remedied problems during the Constitutional Convention with a federal system 1787 every state delegate assembled but Rhode Island Federal system US was the rst country to adopt a federal system of government Two central issues almost tore apart the convention the large versus small state representation and the legality of slavery Virginia Plan Called for representation in the legislature based on population and a strong central government that would reign supreme over the states NewJersey Plan Each state would have one vote in the legislature essentially a stronger version of the Articles of Confederation Hamilton plan Alexander Hamilton Provided for a strong central government with a powerful executive who served for life The Virginia plan would be the foundation of the Constitution but for a while the convention deadlocked over the issue because small states were not on board Deadlock broken by the Connecticut Compromise which provided a bicameraltwohouse legislature representation in the House of Reps would be based on population representation would be equal in the Senate voters would directly elect House representatives while Senators were appointed by state legislators Slavery three fths compromise Southern states wanted slaves to count as citizens but northern states not so much SO each slave counted as 35 of a person The national government and state governments derive all authority from the m Different from unitary system 0 The local and regional governments derive all authority from a strong national government National Powers Enumerated Powers 0 17 speci cally listed powers granted to Congress Article 1 section 8 of the US Constitution Examples 0 Lay and collect taxes Borrow money on the credit of the United States Commerce Clause 0 Article 1 Section 8 Clause 3 of the US Constitution 0 Give Congress power quotto regulate commerce with foreign nations and among the several states and with the Indian tribesquot Establish post offices roads 0 To constitute tribunals inferior to the Supreme Court Necessary and Proper Clause 0 lmplied Powers not speci cally listed 0 All laws which shall be necessary and proper for carrying into execution of the foregoing powers enumerated powers Supremacy Clause 0 Mandates that national law is supreme to all other laws passed by the states or by any other subdivision of government 0 Constitution is the supreme law of the land State Powers Article 1 o Allows states to determine time place and manner of elections for House Representatives and Senators Article II o Requires that each state appoint electors to vote for president Article IV 0 Privileges and immunities clause 0 Republican form of government 0 Protection against foreign attacks and domestic rebellion Tenth Amendment most important source last in the bill of rights 0 States39 powers described here 0 All powers not given to the federal gov39t are reserved for the states reserved or police powers pubic health and safety and public morality ex Drugs Concurrent powers Authority possessed by both state and national governments and exercised concurrently at the same time as long as that power is not exclusively within the scope of national power or in con ict with national law 0 Power to tax states already had this one 0 Establish courts 0 Make and enforce laws to carry out these powers Early Federalism The Marshall Court Chiefjustice John Marshall Two rulings in the early 18005 had a major impact on the balance of power between national and state governments o McCulloch v Maryland 1819 National Bank used for coining currency making loans centralizing the nancial affairs of the US State of Maryland imposed a tax on the Baltimore branch of the Bank Second National Bank james McCulloch Bank39s cashier refused to pay it Upheld power of national government and denied the right of state to tax national bank did not have power to tax national entity Invoked both the necessary and proper clause and the supremacy clause Marshall argued as long as federal gov39t acted constitutionally its actions were binding on the states Hamilton justi ed creation of bank on grounds that the Constitution gave Congress a broad grant of powers that extended to just abou7t anything not expressly denied to it o Gibbons v Ogden 1824 Upheld broad congressional power to regulate interstate commerce Boats between New York and New jersey Cooperative Nationcentered Federalism v Dual Federalism State centered National government is supreme Constitution was the supreme law of the land the federal gov39t was a creation of the Constitution and the states are subservient to both National government and states are equal players Constitution was produced and federal gov39t established was a creation of the states during the Constitutional Convention 10th amendment is quottruismquot 10th amendment has quotteethquot big deal Supreme Court should side with federal government should start on federal side and stay unless states can disprove Supreme court should be a neutral quotumpirequot States must cooperate with federal government federal funds used to help states administer federal priorites at the state level 1932 Roosevelt39s quotNew Deal cooperative federalism federal gov39t to deal with Great Depression The relationship between the federal and state gov39ts changed dramatically Unprecedented expansion in the size and role of the federal gov39t Federal gov39t involved in unemployment compensation and social security for the rst time Federal gov39t took bigger role in regulating economy and spent money on construction projects to get people back to work Federal gov39t became a presence in the lives of American citizens 196039s The quotGreat Societyquot Initiatives of the Lyndon B Johnson administration Use federal gov39t to solve broad social problems eliminating poverty and hunger State gov39ts became agents of a federal agenda carrying out large number of new social programs that were funded and regulated by Washington Became less popular when Great Society programs did not cure social ills as promised New Federalism late 1960 s programs of Nixon and Reagan to return authority to states Nixon initiative to shift balance of power in running gov39t programs toward the states Less federal regulation of federal money states had more freedom to decide how to address social problems Reagan also sought to limit the size and scope of federal gov39t 1980 believed gov39t most effective at the local level and opposed federal gov39t trying to cure social problems Largely unsuccessful but represented bold departure from New Deal and Great Society Clinton39s quotReinventing Governmentquot Make the federal gov39t smaller by making it more ef cient Modest success George W Bush most visible advocate Many tax cuts while in office critics say he sought to starve the federal gov39t of its funding in and attempt to return federalstate relations to what they were before New Deal BUT after 2001 terrorist attacks Bush found himself advancing larger role for the federal gov39t in military matters and homeland security during this time there was a renewed acceptance of a stronger role for Washington in security matters Obama for active federal role in solving major problems health care United States v Lopez Since 193039s consistently sided with the federal government heavy cooperative federalists Gun Free School Zones Act of 1990 Alfonoso Lopez Jr carried a handgun near a school Congress passed this act under its commerce powers rearm would lead to violent crime would affect nearby travel and economy Supreme Court rules against Congress not in the scope of national power Marijuana Legalization Under the Controlled Substances Act it is a crime to use marijuana for medical or recreational purposes 23 states have legalized marijuana for one or both purposes more for medical State Laws vs Federal Laws Chairman of the judiciary Committee said in January that marijuana is ILLEGAL in the US How do the states get away with this 0 Enforcement by Federal Government they can prosecute people using marijuana saying that federal law trumps state law 0 Oregon v Gonzales trying to prosecute doctors who were committing euthanasia legal in states illegal under federal law 0 What if you affect the states next to you 0 What if your state supreme court rules against you 0 Coats v Dish Network Colorado state court Paraplegic red from his job because he tested positive for marijuana Legal for medicinal and recreational use in the state of Colorado but not federal law Labor is under federal law State supreme court looked at federal law Federal Preemption What is Preemption 0 derived from the Constitution39s supremacy clause 0 national government overrides statelocal actions Example Immigration federal government has sole authority in this area in the Constitution the federal gov39t is given power of naturalization who can become citizen immigration is a preempted area what if federal gov39t is silent do states have right to act states must provides services enforce laws problem of unfunded mandates federal gov39t won39t give money every has to be treated in emergency room yet states are not given money for potential losses Arizona Immigration Law Support Our Law Enforcement and Safe Neighborhoods Act introduced as Arizona Senate Bill 1070 authorizes law enforcement officials to ascertain requires law enforcement determine imm status of individual arrest before release requires noncitizens to carry registration doc regulating employment authorizes law enforcement officials to arrest without warrant if committed public offense which makes individuals removable key issue whether or not it is preempted by federal immigration law SBlO7O frustrates congress desire to have uniform rules for immigration Arizona argues that federal immigration law has encouraged cooperation between state and federal gov39t don39t contradict but mirror Federal government sued state Patient Protection and Affordable Care Act Requires all Americans to have health insurance beginning 2014 or pay 695 annual ne Called the quotindividual mandatequot Congress used commerce clause quotIndividuals who choose to go without health insurance are making an economic decision that affects all of us when people without insurance obtain health care they cannot pay for those with insurance and taxpayers are often left to pick up the tabquot Federalism lssue 13 states have led suit in federal court Virginia law Health Care Freedom Act 0 quotno resident of the commonwealth shall be required to obtain or maintain a policy of individual insurance coveragequot 10th amendment concerns Police Powers SO it goes to the courts Virginia District Court Unconstitutional quotexcess the constitutional boundaries of congressional powerquot by requiring individuals to purchase health care coverage under the quotindividual mandatequot quotneither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private marketquot Circuit Court of Appeals 4th and 6th dismiss state lawsuits and allow individual mandate to stand 11th rules individual mandate unconstitutional goes to the Supreme Court and is voted constitutional quotCongress cannot claim that the individual mandate is part of commerce but can use it as a federal quottaxquotquot


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