Introduction to American Government. Department of Government and Politics at Sacred Heart University, Fairfield, CT

1. Chapter 3: Federalism
Three Ways to Divide SubNational and National
Governments

2. A Unitary System
o Central government gives power to
lower governments (cities, states,
etc.)
o Especially important is its role as
provider of funds
2

3. Some nations using this system:
Great Britain
France
Italy
Sweden

4. A Confederal System
o Sovereign
power at local
or regional
level
o European Union
o Other
Examples?

5. A Federal System
o Divides power between
national and lower
governments.
o Each government has
distinct, sovereign
powers
o U.S., Australia, Brazil,
Canada, Germany, India,
Mexico

6. Both…
Elect officials
Tax citizens for services
Use powers guaranteed by
Constitution
Involved in changing Constitution
(called concurrent powers)

7. While America‟s Framers
created Federalism…
Does it have a Unitary System
at some level?

8. Why Did Founders Choose
Federalism?

9. Advantages
 States act as training ground
 Political subcultures allowed
 Increases Participation
 Policy Experimentation
 Divides Power

10. “If their rights
are invaded by
either, they can
make use of the
other as the
instrument of
redress.”
Alexander Hamilton

11. Disadvantages
Faction (minority rights)
Complexity (confusion)
Accountability (federal grants)

12. Flow of Power in 3 Systems

13. State Governments

14. Full Faith and Credit Clause
in Constitution
 States give “full faith & credit” to
“public acts, records & judicial
proceedings” of other states
 Includes civil laws (property rights,
wills, marriages)

15. Excludes criminal laws:
States return people
accused of crimes
Rather commit murder in
CT than TX

16. Marriage and Full Faith
and Credit Clause

17. States must honor legal
marriages made under laws of
other states

18. However. . .
1996 Federal Defense of
Marriage Act (DOMA):
No state has to honor same sex
marriages from other states

19. Federal government recognizes
marriage as union
between heterosexuals only
Passed Senate 85-14, House 342-67

20. Did DOMA conflict with Full Faith and
Credit Clause?

21. According to 2013 SCOTUS
ruling, it‟s mixed.
Federal recognition of SSM in states
that have it ONLY.
Did not create constitutional right
to SSM …

22. …because marriage isn‟t a
constitutional right?
Not mentioned in Constitution
Marriage typically handled by
states

23. Tenth Amendment
Powers “not delegated to U.S. by
Constitution, nor prohibited by it
to states, are reserved to state
respectively, or to the people.”

24. Federal powers not specifically
outlined in constitution are state
powers
In theory, it still applies, but in
reality federal power grown
enormously

25. Police power:
In U.S. most
police power
reserved to
states.

26.  Core issue separating
Federalists & Anti-federalists

27. Divides today‟s Liberals and
Conservatives
Champions of 10th Amendment when
convenient…
…welfare reform, abortion, medicinal
marijuana (state or federal?)

28. THE GREAT DEBATE:
Centralist vs. Decentralists
Decentralists
State‟s rights
Constitution created by states, which
created central government
States closer to people

29. Centralist
Strong, involved, unhindered federal
government except where prohibited
National government represents all
people; states just some

30. Centralist vs. Decentralist Arguments:
Where do you stand?
Sale and use of firearms
Education
Environment
1964 and 1965 civil rights
legislation
Illegal drugs
Marriage
Abortion

31. The Federal
Government
31

32. Ronald Reagan‟s 1981
Inaugural Address
Note President Reagan‟s remarks in
his first Inaugural Address.
Decentralist or Centralist?
Ronald Reagan’s First Inaugural
Start at 4:00 minutes

33. “Government by an elite group”
“We are nation that has a government, and
not the other way around”
“Federal tax system is stifling”
“Federal government taxes too much”
“Federal government has become elitist”
“Federal government did not create the
states, the states created the federal
government”

34. Powers of National
Government

Enumerated Powers
Implied Powers
(Necessary and Proper Clause)


35. Necessary & Proper
Clause:
authorized to make laws
to execute enumerated
powers & other
constitutional powers

36. Example One
Congress tests missile-defense system;
established U.S. Air Force
Congress allocates money for both.
Not mentioned in Constitution

37. Congress implies this power
through…
Article I, Section 8: Congress‟
power to "raise & support
Armies”

38. Example 2:
Congress regulates radio and TV
airwaves

39. How?
Clause 3: Congress‟ power to “regulate
interstate commerce”
• Airwaves cross state lines: interstate
• Broadcasting is a business: commerce

40. Congress establishes national
parks
An abuse of un-enumerated
powers?

44. EXPANSION OF FEDERAL POWER
McCulloch v. Maryland (1819)
Chief Justice John Marshall

45. 1816:
Congress chartered Second
Bank of United States
1818:
Maryland passed legislation
to tax bank

46. Two Questions
Did Congress have implied power to
establish bank?
Did Maryland unconstitutionally
interfere with congress?

47. Unanimous SCOTUS Ruling
Congress can incorporate bank
Maryland‟s tax unconstitutional
Congress has un-enumerated powers
Congress supreme within its
sphere of action

48. Gibbons vs. Ogden (1824)
 Conflicts
between legitimate
national action and states
resolved in favor of former.

49. HISTORICAL CHANGES IN
AMERICAN FEDERALISM SINCE
1787
State Centered Federalism
(1787 to 1865)
Adoption of Constitution to end of
Civil War

50. Dual Centered Federalism
(1865 to 1913)
Balanced Period.
Clear Distinctions
States: Welfare, etc…
Federal: National Defense, etc…

51. Cooperative Federalism
(1913 to 1930s)
Sharing responsibilities
Distinctions became blurred

52. Centralized Federalism
(1930s to 1980)
Massive growth of Federal Government
Roosevelt: Great Depression led to New
Deal.
Johnson: Great Society Programs - food
stamps, welfare, Medicaid.
Nixon: EPA.
Carter: Department of Education.

53.  1935:
President
Franklin D.
Roosevelt
Signs Social
Security Act

54. Share of nonmilitary spending by Federal,
State, Local Governments before and after
passage of New Deal legislation

55. New Federalism
(1980 to ?)
• Ronald Reagan wins office
• Devolution of government power
• Republicans win Congress („94)
• Clinton: “era of big government is
over”
• Welfare Reform Bill („96)

56. YET… No Child Left Behind Act. Dept. of Homeland
Security. Nationalization of Health Care.
Still in age of New Federalism?

57. Concurrent Powers
Concurrent
Powers
National
Government
Power to
Tax
State
Government
Make and
Enforce
Laws
Power To
Establish
Courts
Power To
Police
(Limited)

58. Prohibited Powers
 Apply
to national
and state
– national government
cannot tax exports or
create national
divorce laws.
– States cannot conduct
foreign policy and
coin money.
“Congress…
has the power
to coin
money.”

59. Checks and Balances
Federalism is an additional
way of preventing any level of
government from growing too
strong…
…beyond its Constitutional
Powers.

60. EXAM!
 50 True and False Questions
 Bring Laptop
 Use exam review to study Wilson text only!
 Avoid studying Power Points
 Exam taken directly from text
 Charge up your laptops!!