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Government Structure and Federalism Frank Brooks May 10, 2017 Introduction to American Politics 1 The Constitution as a Contract Lays out key elements of government purposes structure powers limits Effectiveness v. safeguards Skeletal framework, not detailed blueprint Constitution is vague, “inspired ambiguity” provides flexibility and stability channels conflict into “political” channels May 10, 2017 2 Powers: Formal and Evolved Formal, constitutional powers “To make Congress (Article 1)all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all President (Article 2)Powers vested by this Constitution in the other Government the United States, or in any Department Supreme Court (Articleof 3) or Officer thereof.” (Article I, Section 8) Informal, evolved powers Congress – “necessary and proper clause” (elastic) Supreme Court – judicial review President – “inherent” (implied) powers Many rooted in “commander in chief” authority Capacity to lead nation enhanced by technology Development of national constituencies and interests May 10, 2017 3 Limits on National Government Constitutional Limits Amendment Process channels policy change into political channels Separation of Powers; Checks and Balances Decentralize power by separating it Encourage competition between power centers Federalism Acknowledge and define role of state and local governments as counterweight May 10, 2017 4 Amending the Constitution Proposal By 2/3 vote of both houses of Congress (A) By 2/3 of state legislatures calling for a convention (B) Ratification By ¾ of state legislatures (C) By ¾ of state ratifying conventions (D) History of amendment Only 27 (17 since Bill of Rights) AC route for all but one Difficulty of amendment channels policy change to Congress, executive branch, even courts May 10, 2017 5 Separation of Powers Three branches; four significant parts Congress House Senate Presidency; Executive Branch Courts Three kinds of separation into those four parts Function Constituency Term May 10, 2017 6 Separation by Function House Legislative Spending Senate Legislative Executive: approve nominations, ratify treaties President Executive Foreign relations Courts Judicial Interpret Constitution May 10, 2017 7 Separation by Constituency House Chosen by voters in Congressional districts Narrowest representation, most accountability Senate Chosen by states (legislatures, then voters) More heterogeneous constituency than House President “National” constituency (distorted by electoral college) Court Federal judges chosen by President and Senate “represent” the Constitution (defend it against threats) May 10, 2017 8 Separation by Term House 2 years, no term limits Senate 6 years (staggered), no term limits President nd Amendment) 4 years, 2 term limit (after 22Offices “shall hold their during good Court Behaviour” (Article 3, Section 1) “life” term Cannot gain control of all the government all at the same time May 10, 2017 9 Checks and Balances Consider FDR’s court-packing scheme Separation of powers may slow down concentration of power, but can’t stop it “Ambition must be made to counteract ambition” Assume that office-holders need/want power Give each part tools to interfere with other parts Let competition among parts limit overall power, or at least ensure that power used appropriately Broad impact of checks and balances enforce separation compel cooperation and compromise May 10, 2017 10 Federalism Separation of power between levels of government Historical context shift of power away from states But, left them considerable authority Complex subject (abstract to concrete) Structure of relationship between states & federal How the Constitution describes terms of relationship Interpretation of Constitutional language Politics of relationship (especially money) May 10, 2017 11 Structure of Federalism • Unitary Government • Confederal Government • Federal Government May 10, 2017 12 Federalism in the Constitution “National Supremacy” Clause (Article 6) Seems to favor national Thisgovernment Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Anti-Federalists sought Treaties clarification/dilution made, or which shall be made, under the Tenth Amendment 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 National government has “delegated” powers The powersE.g. not delegated to the regulate interstate commerce, raise army United States by the Constitution, Only explicitly mentioned in Constitution? nor prohibited by it those to the States, are reserved to the States respectively, or to the people. States governments have “reserved” powers Residual category (after powers prohibited to states) Includes “police” powers, education May 10, 2017 13 Interpreting Federalism Need for Interpretation National Supremacy clause and 10th Amendment potentially contradictory Specific meaning of “delegated” and “reserved” unclear Supreme Court resolves McCulloch v. Maryland (1819) If both state and federal government exercise legitimate power, which prevails? Elastic clause + national supremacy clause = national government wins May 10, 2017 14 Interpretations of the Commerce Clause How much power was conferred by Congress’ power to “regulate interstate commerce”? Gibbons v. Ogden (1824) “commerce” broad; “interstate” narrow 1830s-1930s – commerce power interpreted narrowly to limit Congressional power Jones v. NLRB (1937) Virtually all commerce is “interstate” Greatly expanded Congressional power May 10, 2017 15 The Politics of Federalism Dual federalism Dominant until 1930s States and national government had distinct, separate realms (depending on functions) Cooperative federalism States and national government cooperate Often, national government funds, while states implement Regulatory federalism National government sets conditions for funding and thus regulates state actions Unpopular with states “New” federalism, devolution, states’ rights May 10, 2017 16 Funding Federalism Categorical and Project Grants Money appropriated for specific purposes Local governments and organizations write grant proposals States often circumvented Block grants Broad purposes, e.g. economic development Only about 10% of federal funding Revenue Sharing States get proportional “share” of taxes collected by federal government to spend on any purpose May 10, 2017 17