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Federalism The Challenge • To preserve the traditional independence and rights of the states while establishing an EFFECTIVE national government The Solution • The Framers of the US Constitution created the world’s first federal system Federal vs. Unitary Federal National and State Governments Derive All Their Powers from the People Unitary Local and Regional Governments Derive All Their Power from the National Government The Framers feared the Unitary System (like Great Britain) because they saw English kings as tyrants. They feared centralizing all power in one institution. National Powers • Enumerated Powers: 17 specific powers granted to Congress (Article 1, Section 8) • “Necessary and Proper” clause Implied Powers • “Supremacy Clause” = National government is supreme in situations of conflict between national and state law (Article 6) State Powers • “Privileges and Immunities” Clause: citizens of each state guaranteed the same rights as citizens of other states (Article 4) • Republican Form of Government (Article 4)- the power to create their own government • “Reserve”/ “Police” Powers: “powers not delegated to U.S., nor prohibited by it to the States, are reserved to the states” ~ public health, safety and morals (abortion, death penalty) (10th Amendment) Concurrent and Denied Powers • Concurrent Powers: shared between national and state governments (tax, borrow money, establish courts, laws) ----------------------------------------------------------DENIED POWERS • Bill of Attainder: law declaring an act illegal without a judicial trial (denied to Federal and State) • Ex Post Facto: law passed after the fact (denied to Federal and State) “Full Faith and Credit” Clause Marshall Court • During its first few years, the Supreme Court was seen as weak. • When John Marshall became chief justice, however, this all changed. • In a series of decisions, he and his associates created an important role for the court, specifically defining the nature of Federal/State relationship. McCulloch vs. Maryland (1819) • The Supreme Court upheld the power of the national government and denied the right of a state to tax the bank. (Broad interpretation of “necessary and proper”) Gibbons vs. Ogden (1824) • Supreme Court upheld broad congressional power to regulate interstate commerce. (Broad interpretation of “commerce” clause) Dual Federalism • The belief that having separate and equally powerful levels of government is the best arrangement • National government should not abuse/ exceed its powers • Came about in response to belief that national government should not be too powerful Taney Court • Roger Taney was Marshall’s successor, and was much more in favor of limiting power of national government dual federalism • Slavery was an issue that plagued the courts during his time as Chief Justice Dred Scott, The Civil War, and Federalism (See Textbook) Amendments Reflecting Growing Federalism • Civil War Amendments (13th, 14th and 15th) Prohibited Slavery and Granted Civil and Political Rights to African Americans • 16th Amendment: authorized Congress to enact a national income tax • 17th Amendment: made senators directly elected by the people, removing states’ ability to select The New Deal • A sequence of federal programs FDR initiated between 1933 and 1938 with the goal of giving work (relief) to the unemployed, reform of business and financial practices, and recovery of the economy during The Great Depression. Cooperative Federalism (Began with The New Deal) • concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally (such as the nineteenth century's dual federalism) or clashing over a policy in a system dominated by the national government. Layer Cake vs. Marble Cake