Download Federalism - Verona School District

FEDERALISM
WHAT IS FEDERALISM?
• Way of organizing nation so two or more levels of government
share power
• COMPARE WITH:
• Unitary governments = all power in central government
• States are unitary compared to local governments
• Confederation = most/all power in hands of components of
national government (e.g. states) vs. national government
itself
• Articles of Confederation
• Rare today (UN)
FINLAND VS. UNITED STATES:
THE NEED FOR FEDERALISM
Finland vs. U.S.:
The need for federalism
Finland
The United States
• 5,223,442 people
• 338, 145 sq km (slightly
smaller than Montana)
• Ethnic Groups: Finn 93.4%,
Swede 5.7%, Russian 0.4%,
Estonian 0.2%, Roma 0.2%,
Sami 0.1%
• Religions: Lutheran National
Church 84.2%, Greek Orthodox
1.1%, other Christian 1.1%,
none 13.5% (‘03)
• GDP: $151.2 billion (‘04)
• 295, 734,134 people
• 9,631,418 sq km
• Ethnic Groups: white 68.4%,
Hispanic 13.3%, black 12.9%,
Asian 4.2%, Amerindian 1%,
Pacific islander 0.2%
• Religions: Protestant 52%,
Catholic 24%, Mormon 2%,
Jewish 1%, Muslim 1%, other
10%, none 10% (‘02)
• GDP: $11.75 trillion (‘04)
WHY IS FEDERALISM IMPORTANT?
• Decentralizes politics
• Senators represent individual states vs. entire country
• Electoral college (51 little elections)
• More opportunities for political participation
• More points of access to government
• Enhances judicial power
• Judges are refs among different levels of government
• “Most public policy debates are also debates about
federalism” – Edwards, Wattenberg, Lineberry
• States usually regulate social, family, moral issues
• Marriage, divorce, speed limits, drinking age
CONSTITUTIONAL BASIS OF
FEDERALISM
• Equal representation in Senate
• Supremacy clause (Article VI) = supreme law
of land is
1. Constitution
2. Laws of national gov’t (when consistent with
Constitution)
3. Treaties (can only be made by national gov’t)
CONSTITUTIONAL BASIS OF
FEDERALISM
• 10th Amendment (Jefferson)
• “The powers not delegated to the United States by the
Constitution, nor prohibited by it to the states, are
reserved to the states respectively, or to the people”
• Elastic clause (Hamilton) = Article I, Section 8, final para. =
necessary and proper clause
• Congress may “make all laws necessary and proper for
carrying into execution the foregoing powers”
• The foregoing powers = enumerated powers
• Necessary & proper = implied powers
SOME POWERS DENIED STATES BY THE
CONSTITUTION
STATES’ OBLIGATIONS TO EACH OTHER
• Full Faith & Credit
• Respect / abide by other states’ laws
• Gay marriage?
• Extradition
• States must return person charged with crime in another state
• Privileges & immunities
• Can’t be discriminated against by other state
• Taxes
• Public universities?
KEY SUPREME COURT CASES
1.
Fletcher v. Peck (1810) Sam & Ellen
2.
McCulloch v. Maryland (1819) Cariani
& Dan
3.
Gibbons v. Ogden (1824) James &
Mike
4.
National Labor Relations Board v.
Jones & Laughlin Steel (1937) Celfo &
Kyle
5.
Wickard v. Filburn (1942) Cristina &
Lauren
6.
Brown v. Board of Ed. (1954) Matt &
Jack
7.
Heart of Atlanta Motel v. United States
(1964) Noelle & Marybeth
8.
South Dakota v. Dole (1987) Pinar &
Paul
9.
United States v. Lopez (1995) Chelsi
& Phoebe
10.
United States v. Morrison (2000)
Caitlin
11.
Gonzales v. Raich (2005) PJ &
Sarah
12.
Gonzalez v. Oregon (2006) Eliza &
Haley
13.
Arizona v. United States (2012) Luke
& Max