Download Federalism in practice State Laws on the books today…

Objectives:
How the federal government’s involvement in
states’ affairs has grown?
How have grants-in-aid affected the growth of
federalism?
What role do federal mandates play in
federalism?
Unitary System – centralized government in
which local governments exercise only those
powers given to them by the central government
Confederal System – consists of a league of
independent states, each having essentially
sovereign power
Federal System – power is divided by a written
constitution between a central government and
regional governments
The Flow of Power in Three Systems of
Government
So Why Adopt Federalism?
 A Practical Solution – to the dispute between advocates
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of a strong central government and states’ rights
advocates
Geography and population make it impractical to locate
all political authority in one place
Brings government closer to the people
State governments train future national leaders
Prevention of Tyranny
State governments can be testing grounds for policy
initiatives
Federalism allows for many political subcultures
Federalism & the Constitution
The Federal
Government has
implied powers from
the necessary & proper
clause or “elastic
clause” (ex: create a
national bank)
The U.S. Constitution
is the supreme law
of the land
(National Supremacy
Clause)
The 10th Amendment
reserves powers to the
states (ex: education,
law enforcement, etc.)
The Federal
Government has
expressed powers
specifically granted in
the Constitution (tax,
regulate commerce,
declare war, etc.)
Constitutional Basis of Powers of
the National Government
 Expressed Powers – First 17 clauses of Article I,
Section 8, examples include coining money,
setting standards of weights and measures,
declaring war
 Implied Powers – the clause in Article I, Section
8, that grants Congress the power to do whatever is
necessary to execute its specifically delegated
power (necessary and proper clause)
 Inherent Powers – powers derive from the fact
that the United States is a sovereign power among
nations
The Powers of State Government
 Reserved Powers – derived from the 10th
Amendment, states powers not assigned to the
federal government are “reserved” for the states
 Police Powers – power reserved to the state
government to regulate the health, safety, and
morals of its citizens – regulation/enforcement
 Concurrent powers – states and federal
government share power on issues such as
granting business license (national policy usually
wins when there is a conflict)
Examples of Federalism
States pass their own laws regarding…
 Gay Marriage, Abortion, Affirmative
Action, Bilingual Education, Death
Penalty, K-12 Education, Speed Limit,
Drinking Age, Gambling, Marijuana,
Assisted Suicide
Federalism in practice
State Laws on the books today…
 It is illegal for a driver to be blindfolded
while operating a vehicle.
 It is illegal to wear a fake mustache that
causes laughter in church.
ALABAMA
Federalism in practice
State Laws on the books today…
 Animals are banned from mating
publicly within 1,500 feet of a tavern,
school, or place of worship.
 It is a misdemeanor to shoot at any kind
of game from a moving vehicle, unless
the target is a whale.
CALIFORNIA
Federalism in practice
State Laws on the books today…
 Women may be fined for falling asleep under a hair
dryer, as can the salon owner.
 A special law prohibits unmarried women from
parachuting on Sunday or she shall risk arrest, fine,
and/or jailing.
 Men may not be seen publicly in any kind of strapless
gown.
FLORIDA
Federalism in practice
State Laws on the books today…
 If an elephant is left tied to a parking
meter, the parking fee has to be paid just
as it would for a vehicle.
 Having sexual relations with a porcupine
is illegal.
 It is illegal to sing in a public place while
attired in a swimsuit.
FLORIDA
Federalism in practice
State Laws on the books today…
 Prohibits shooting rabbits from a
motorboat.
KANSAS
 It is illegal to rob a bank and then shoot
at the bank teller with a water pistol.
LOUISIANA
Federalism in practice
State Laws on the books today…
 It is illegal for a liquor store to sell cold
soft drinks or milk.
INDIANA
 You may not swear in front of women
and children.
MICHIGAN
Federalism in practice
State Laws on the books today…
 It is illegal for bar owners to sell beer unless they are
simultaneously brewing a kettle of soup
NEBRASKA
 It is illegal to lie down and fall asleep with your shoes on.
N. D A K O T A
Federalism in practice
State Laws on the books today…
 It is against the law to throw a ball at someone's head for
fun.
 A license must be purchased before hanging clothes on
a clothesline.
 The penalty for jumping off a building is death.
NEW YORK
Federalism in practice
State Laws on the books today…
 It is illegal to fish for whales on Sunday.
 It is illegal to get a fish drunk.
OHIO
 A person is not eligible to become Governor if he/she
has participated in a duel.
PENNSYLVANIA
Federalism in practice
State Laws on the books today…
 It is illegal to take more than three sips of beer at a time
while standing.
 It is illegal to drive without windshield wipers but a
windshield is not required
 It is illegal for one to shoot a buffalo from the second
story of a hotel.
 It is illegal to milk another person's cow.
TEXAS
Federalism in practice
State Laws on the books today…
 Fake butter may not be served in state prison.
 One may not camp in a wagon on any public highway
 Livestock have the right of way on public roads.
WISCONSIN
Federalism in practice
State Laws on the books today…
 Canned corn may not be used as bait for
fishing.
 It is illegal to whisper “dirty” things in
your lover’s ear during sex.
OREGON
Federalism in practice
State Laws on the books today…
 It is mandatory for a motorist with criminal intentions
to stop at the city limits and telephone the chief of
police as he is entering the town
 All motor vehicles must be preceded by a man carrying a
red flag (daytime) or a red lantern (nighttime) fifty feet
in front of said vehicle
 It is illegal to display a hypnotized or allegedly
hypnotized person in a store window
WASHINGTON
The Growth of the National
Government
 McCulloch v. Maryland (1819)- established the
implied powers of the national government and
the idea of national supremacy
 (from the necessary and proper clause)
 (from the supremacy clause)
 Gibbons v. Ogden (1824) – established that the
power to regulate interstate commerce was an
exclusive national power
 (from the commerce clause)
Gonzalez v. Raich (2005)
 Medicinal Marijuana
 Controlled Substance Act (1970) – US government regulates the
manufacture, importation, possession, and distribution of
certain drugs
 Medicinal marijuana was legalized in California, but illegal to
U.S. government. Raich argued commerce clause should not take
effect because 1) there was no business transactions and 2) there
were no state border issues.
 Supreme Court ruled 6-3 against Raich saying that the federal
government could trump state laws that permitted medicinal
marijuana.
The Shift Back to States’ Rights in
the Jacksonian Era
 Nullification – the idea that states could declare a
national law null and void
 Secession – the withdrawal of a state from a union
 South Carolina first state to repeal its ratification of
the U.S. Constitution (1860)
War and the Growth of the
National Government
 The defeat of the South ended the idea that states
could secede from the Union.
 The defeat of the South also resulted in an expansion
of the powers of the national government (the
opposite of what the South was fighting for)
· New governments employees were hired to conduct the war effort,
and Reconstruction
· A billion dollar budget was passed
· A temporary income tax was imposed on citizens
· Civil liberties were curtailed because of the war effort and the
national’s government’s role expanded to include providing
pensions to veterans and widows
The Continuing Dispute over the Division of Power
 Dual Federalism (Layer Cake) – the national and state governments as equal
sovereign powers
 Cooperative Federalism (Marble Cake) – the idea that states and the
national government should cooperate to solve problems
 Creative federalism - also known as “picket fence federalism,”
predominated during the period of 1960 to 1980. This relationship was
characterized by overloaded cooperation and crosscutting regulations.
 New federalism - sometimes referred to as “on your own federalism,” is
characterized by further “devolution” of power from national to state
governments, deregulation, but also increased difficulty of states to fulfill
their new mandates. This period began in 1981.
What does duel federalism have in common with a
layer cake?
Dual Federalism (1789-1932)
 Federal and state governments are co-equals, each
sovereign
 Narrow interpretation of the Constitution
 Federal government only has jurisdiction if clear
expressed in the Constitution (ex: coin money, foreign
affairs)
 State have greater role and powers (ex: public education,
race relations)
What does cooperative federalism have in
common with a marble cake?
Cooperative Federalism (1933-present)
 National government clearly supreme over the states with wide
interpretation of the “necessary and proper clause” (Article I, Sect. 8 of
the Constitution, also known as the “elastic clause.”)
 Federal government intervenes or assists in some areas traditionally left
to the states (ex: education, health care, civil rights)
 Began with the New Deal in the 1930s
 Characterized by federal government funding programs and state
government implementing them (New Deal).
The Decline of Dual Federalism
 Great Depression resulted in FDR’s New Deal policies which established
a large and far reaching federal government
 FDR fought with the Supreme Court for years and won re-election in
landslide in 1936 and threatened to “pack the court”
 Result was a return to a strong federal government
 World War I, Great Depression, and World War II served as primary
catalysts to the rise of cooperative federalism.
Federal Preemption from 1900 to the Present
140
120
Environment, Health, Safety
Commerce, Energy, Labor, Transportation
Banking, Money
Fish, Natural Resources, Wildlife
Taxation
Civil Rights
100
80
Other
60
40
20
0
19001909
19101919
19201929
19301939
19401949
19501959
19601969
Source: U.S. Advisory Commission on Intergovernmental Relations, plus author’s update.
19701979
19801989
19902003
Cooperative Federalism in action
Grants-in-aid
 Categorical grants: “Here’s some money, but you do
exactly what I tell you to do with it.”
 Block grants: “Here’s some money, spend it how you
like as long as you it relates to what I want.”
 General revenue sharing grants: “Here’s some money,
do whatever you want with it.”
 Unfunded mandates: “I don’t have the money, but
you still have do exactly what I tell you to do.”
Federalism in action
 No Child Left Behind Act
 Problem:
Declining student performance
 Solution:
 Federal funding requires tough performance
standards
 Unintended consequences:
 Localities forced to make huge investment to
implement testing requirements.
 Localities suing states, arguing that testing
requirements represent an unfunded mandate.
 States opting out of federal funds and performance
standards.

Inequities in State Education Spending
The Number of Governments in the USA
Federalism, Good & Bad
Good points:
 More opportunities for participation.
 Increases number of access points to government.
 Regional interests have effective representation in both
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Congress and state governments.
Allows for innovation at state-level.
Overcomes weaknesses of the Articles of Confederation.
The states, operating as sovereign units, have closer ties
to the electorate than the national government does.
Fifty different sets of rules allow policy experimentation
and greater flexibility.
Experimentation allows a more efficient pursuit of
national policy goals.
Federalism, Good & Bad
Bad points:
 Inequities across states.
 Too many governments? (87,000)
 Local interests can thwart national majority.
 Multiple political actors can promote duplication and
confusion.
 Coordination becomes difficult because states operate as
independent and sovereign units.
Political Cartoon #4 Title: Cleanup
Artist: Cam Cardow, The Ottawa Citizen Date: September 5, 2005
Political Cartoon #1 Title: Another Perfect
Storm
Artist: Jeff Danziger
Date: September, 2005 http://cartoonbox.slate.com/
Questions for Discussion

What 20th Century events contributed to the shift from
dual federalism to cooperative federalism?
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What are the inherent strengths of a federal system in
addressing national emergencies? What are the
weaknesses?
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In both the near future, do you think the trend of
cooperative federalism with the federal government
taking a dominant role over the states will continue?
Will this trend continue even into the distant future?
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Why is it important that powers be divided between the
federal government and the states?
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Does the federal government have too much control in
state affairs or too little?