Tracing the Katrina Disaster

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Tracing the Katrina Disaster

• Local, state and federal emergency agencies had
  been planning for years how to respond before and
  after this kind of emergency. They even had
  practice drills where every kind of relief issue
  was reviewed -- food, water, security and health
  -- and who was responsible for delivering those
  services was specifically laid out in numerous
  plans.
• But many of those plans fell apart in Katrina's
  aftermath. Despite warnings of a worst-case
  scenario, bureaucratic wrangles prevented
  soldiers from getting to the scene, the plan for
  emergency communications left police in the dark
  and helpless, and truckloads of emergency
  supplies ended up hundreds of miles away. Four
  days after Katrina hit, it was still unclear who
  was in charge of the relief effort
• In a special report on All Things Considered,
  NPR's Laura Sullivan and Daniel Zwerdling examine
  how the disaster called Hurricane Katrina
  unfolded.
• MORE Katrina What Went Wrong?
• 458 p.m. EDT Sept. 9, 2005

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FederalismLecture
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Central Govt
States
States
Citizens
Citizens
What is it?
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Why Important?

• Decentralizes Politics
• Decentralizes Our Policies
• Fed Govts.- Canada, India, Germany, US
• Unitary Govts.- France, Britain, Italy

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Federalism v. Unitary

• Federalism- political system with local
  government units, as well as the national
  government, that can make final decisions
  regarding some governmental activities and whose
  existence is protected.
• Unitary-all local govts. Subservient to national
  govt., local govts., can be altered or abolished,
  local govts. have no final authority over any
  significant govt. activities.

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• Ill give 20 to the first person to find the
  word federalism in the Constitution
• It Is absent but State and National Power clearly
  defined in Article 1, Section 9 and 10

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State or National Power?

• Declare War
• Coin Money
• Tax
• Regulate commerce w/ foreign nations and among
  states
• Conduct elections
• Ratify amendments
• Regulate Commerce w/in a state
• Take private property for public purposes, w/
  just compensation
• Dual Federalism- both supreme in their own
  sphere.

• NATIONAL
• NATIONAL
• BOTH
• NATIONAL
• STATE
• STATE
• STATE
• BOTH

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V.

• Who wins?????

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Advocates of a strong national govt say..

• Supremacy Clause!
• but..This Constitution, and the Laws of the
  United States which shall be made in Pursuance
  thereof and all Treaties made, or which shall be
  made, under the Authority of the United States,
  shall be the supreme Law of the Land and the
  Judges in every State shall be bound thereby, any
  Thing in the Constitution or Laws of any State to
  the Contrary notwithstanding.

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10th Amendment

• Advocates of states rights believe this means
  the national govt has only those powers
  specifically assigned by the constitution

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Establishing National Supremacy

• 1) Implied Powers
• McCulloch v. Maryland
• Elastic Clause- necessary and proper
• -Could Congress charter a national bank? Yes,
  even though not explicitly explained in
  Constitution
• -Could states tax the federal bank? No, national
  powers were supreme and therefore immune to state
  challenge

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Establishing State Sovereignty

• Supreme Court Strengthens States rights-
• U.S. v. Lopez-guns in school
• Printz v United States background checks on gun
  purchasers
• -also strengthened 11th Amendment protecting
  states from suits by citizens of other states or
  foreign nations

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Establishing National Supremacy

• 3) Civil War
• -Struggle over not just slavery but between
  states and national govt
• -Settles the Nullification question
• Do states have the right to nullify the
  Constitution?

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Establishing National Supremacy

• -Grants in aid- categorical and block
• -Mandates- Civil Rights, Environmental
  Protection, No Child Left Behind

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What would MI do????

• Jack and Jill got married in Maine and moved to
  Michigan for the weather. Are they still married?
• Susie gets her driving license in Texas. Can she
  get pulled over in MI for not having a MI
  license?

• Yes, Full Faith and Credit Clause
• No, Full Faith and Credit Clause
• Article IV Sec. 1
• Defense of Marriage Act?

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What would MI do????

• John Dillinger is fleeing Wisconsin after robbing
  banks and has made it down South to MI. The
  officials know where he his.

• Return him to Indiana..
•      Extradition
• Article IV Sec. 2

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What should Sam do????

• Sam is visiting PA from MI and has to pay 9
  sales tax (hes not to happy since MI is only
  6.). Does he have to pay?

• Yes, Privileges and Immunities
• Article IV Sec. 2

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Article IV.

• Federalism ALSO involves relationships among
  states

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Dual v Cooperative
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Dual v Cooperative

• Dual
• Pre national govt. dominance
• Each remain supreme w/in their own spheres
• Layer Cake Analogy
• Powers of National Govt. interpreted narrowly

• Cooperative
• Share responsibilities for public policy
• Marble Cake Analogy
• Mingled resp. and blurred distinctions
• Historically starts w/ New Deal, Great Society
• Involve shared costs, federal guidelines, shared
  administration

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A Devolution Revolution? -returning power to the
states? -do we cut entitlements?