OConnor and Sabato, Chapter 3: Federalism

1
OConnor and Sabato,Chapter 3 Federalism

• Presentation 3.1 The Roots Powers of a Federal
  System of Government

2
Key Topics

• Opening Vignette The Evolving Nature of
  Federalism
• The Roots of the federal System
• The Powers of Government in a Federal System

3
The Evolving Nature of Federalism

• Since the 1950s, candidates for president
  other high offices have run against Washington
• Claim the national govt. has appropriated too
  much power doesnt care about the people
• Solution shrink the national govt. and return
  power (and money) to the states to the people

4
1a) The Impact of Two Events

• Terrorist attacks on the World Trade Center the
  Pentagon combined with an economic recession
• At least one appears to be a challenge that will
  require a national effort
• Result expansion of the size of the national
  govt.
• Creation of the Department of Homeland Security

5
2) The Roots of the Federal System

• The idea for federalism is simple
• Some activities require combined effort
• Some issues demand local knowledge
• Federalism is more powerful than a confederacy,
  but less powerful than a unitary system of govt.

6
2a) Three Federalist Arguments for Federalism

• The prevention of tyranny
• The provision for increased citizen participation
• The states as laboratories of democracy
• Testing grounds for new policies and new
  approaches to nation-wide problems

7
2b) Federalist 51

• In The Federalist Papers, essay 51, Madison
  argued that the best feature of federalism was
  its ability to balance competing interests

James Madison, 4th President of the United
States. Picture courtesy Encarta
8
2c) The Ambiguity of the System

• The framers realized they couldnt account for
  everything
• Therefore, a certain amount of vagueness is built
  into the system
• However, certain principles suggest that they
  expected the government to function as a national
  entity
• The supremacy clause in conflicts b/n federal
  state law, the national law prevails

9
2c) Roots cont.

• Federal govt. clearly given a right to levy
  taxes, but lacked the power to levy a national
  income tax
• That was changed with the ratification of the 16
  Amendment
• Provided the resources for significant expansion
  of the national govt.s power

10
3) The Powers of Government in a Federal System

• Federalism attempts to create a system of
  overlapping sovereignty
• Enumerated powers are specifically granted to the
  national govt.
• Concurrent powers are shared by both federal and
  state govt.s
• Reserved powers empower the states to promote its
  citizens health, morality, and welfare

See next slide for a breakdown of the various
powers
11
Figure 3.2 The Distribution of Governmental
Power in the U.S. Federal System
12
3a) Denied Powers

• States are prohibited from entering treaties,
  coining money, or impairing obligation of
  contracts (full faith and credit)
• States are also prohibited from entering into
  compacts with other states without
  congressional approval
• Congress is not allowed to favor one state over
  another in regulating commerce

13
3ai) Denied PowersBills of Attainder

• A law declaring an act illegal without a judicial
  trial
• The legislature may not act as a judge
• Example attempts by the Senate to impose
  censure plus on Pres. Bill Clinton for his
  actions in the Monica Lewinsky scandal

14
3aii) Denied PowersEx Post Facto Laws

• Laws passed after the fact that make previously
  legal actions illegal subject to penalty
• Legislatures may not retroactively outlaw and
  punish someone for doing something that wasnt
  illegal at the time they did it
• Example attempts to punish Gary Condit for
  having an affair with a Washington intern

15
3b) Guarantees to the States

• Each state is guaranteed two senators
• Article IV guarantees to citizens of each state
  the privileges and immunities of citizens from
  all other states
• Citizens guaranteed a republican form of govt.
• States will govern in the interests of its
  citizens
• The national govt. will protect the states

16
3c) Relations Among the States

• Article III mandates that conflicts among states
  will be dealt with by the Supreme Court
• Part of the Courts original jurisdiction
• Full faith and credit states must honor
  contracts of other states
• States are obligated to extradite criminals

17
3ci) Relations cont.

• The increasing use of interstate compacts
  (contracts between states that carry the force of
  law to deal with interstate concerns)
• Many deal with boundary issues
• Some deal with policy objectives
• Often easier to deal with other states than wait
  for federal aid
• Emergency Management Assistance Compact 9/11
• Assistance came to NY from various states