Federalism in American Government
Chapter 3 – Federalism: Dividing Power Between the National Government and the States
Learning Targets for Chapter 3
3.1 Explain the role federalism played in Gonzales vs Raich.
In this case, the Supreme Court ruled that the national government had the authority to regulate marijuana under the Commerce Clause, illustrating how federalism can lead to tension between state and federal laws.
3.1 Explain the recent trend in decriminalizing marijuana among the states and how that trend reflects the concept of federalism.
As states increasingly adopt measures to decriminalize marijuana, this progressive shift highlights the dynamic nature of federalism, where state policies can diverge from federal law, prompting ongoing discussions about states' rights and federal authority.
3.1 Explain the tension between federal and state laws.
This tension often manifests in legal disputes, policy debates, and varying enforcement practices, demonstrating how conflicting legal frameworks can lead to confusion and complexity for authorities, businesses, and citizens alike. Additionally, it raises critical questions about the limits of federal power, particularly in scenarios where state initiatives challenge or contradict national standards.
3.2 Describe the division of powers under unitary systems, federal systems, and confederations.
In a unitary system, power is concentrated at the national level, with subnational entities implementing policies as dictated by the central government, whereas in a federal system, authority is divided between national and subnational governments, each with their own set of powers and responsibilities. Confederations, on the other hand, represent a union of independent states that delegate certain powers to a central authority while maintaining their sovereignty, often resulting in a weaker central government.
3.2 Describe how the Constitution divides power between the national and state governments.
The Constitution outlines various enumerated powers for the national government, such as regulating interstate commerce and conducting foreign affairs, while reserving other powers for the states, including regulating intrastate commerce and managing local law enforcement.
3.2 Identify and explain the Due Process, Equal Protection, Commerce, Necessary and Proper, and Supremacy Clauses.
The Due Process Clause ensures that individuals are afforded fair treatment through the judicial system, while the Equal Protection Clause mandates that no state shall deny any person within its jurisdiction the equal protection of the laws. The Commerce Clause grants Congress the authority to regulate commerce with foreign nations, among the several states, and with Indian tribes, establishing a significant stretch of federal power. The Necessary and Proper Clause, often referred to as the Elastic Clause, enables Congress to make laws required for the execution of its enumerated powers, thus providing flexibility for legislative action. Lastly, the Supremacy Clause asserts that federal law takes precedence over state laws when there is a conflict, establishing the hierarchy of laws within the United States.
3.2 Explain how the Tenth Amendment functions to protect state authority.
The Tenth Amendment reinforces the principle of federalism by stating that powers not delegated to the federal government nor prohibited to the states are reserved for the states or the people, thereby safeguarding state authority and preventing federal overreach.
3.3 Describe the development of American Federalism over time.
Over time, American federalism has evolved through key historical events and legal interpretations, reflecting a shift in the balance of power between the national and state governments. This evolution includes significant periods such as the founding era, the Civil War, and the New Deal, which have all influenced the roles and responsibilities of both levels of government.
3.3 Explain the impact of McCulloch v. Maryland on federal power over the states.
This landmark case established the principle of implied powers, allowing Congress to exercise powers not specifically enumerated in the Constitution, thus expanding the scope of federal authority.
3.3 Describe how the Thirteenth, Fourteenth, and Fifteenth Amendments impacted American governance and society.
These amendments, collectively known as the Reconstruction Amendments, aimed to guarantee equality and protect the rights of formerly enslaved individuals, fundamentally altering the relationship between the federal government and the states.
3.3 Explain the shift from dual to cooperative federalism.
This transition marked a significant evolution in the distribution of power, with the federal government playing a more active role in addressing social issues and ensuring civil rights, thereby fostering a collaborative approach to governance that involved both levels of government working together to solve shared problems.
Section 3.1: Medical Marijuana and Gonzales v. Raich
Facts of the Case:
Angel Raich and Diane Monson grew medical marijuana in their homes under a doctor's supervision, as permitted by California law.
Issue:
Does the supremacy and commerce clauses allow the federal government to ban marijuana under the Controlled Substances Act (CSA) even if a state legalizes its use?
Decision/Holding:
The Court ruled 6-3 against Raich and Monson.
Reasoning: The federal government can control the marijuana market under the interstate commerce clause as the CSA regulates economic activities related to marijuana due to an established interstate market.
Section 3.1 Concept Application
Current Trends in State Marijuana Law:
As of April 20, 20 states and D.C. legalized weed for recreational use; 27 states permit medicinal use.
None have repealed or rolled back these laws, with public support at record highs according to Paul Armentano from NORML.
Section 3.2: Systems of Government
Unitary System:
Central government retains authority and controls delegated powers (examples: UK, China).
Confederal System:
Subnational governments possess more power; national government relies on states (e.g., U.S. under Articles of Confederation).
Federal System:
Authority is shared; each level has constitutionally protected powers (examples: U.S., Mexico).
Section 3.2: Dividing Powers Between National and State Governments
Conflict Creation:
Federalism divides power among government layers, leading to potential conflict between national and state levels.
The Constitution grants extensive powers to the national government, with unmentioned powers being left to the people (Ninth Amendment) or the states (Tenth Amendment).
Section 3.2: National Power
Enumerated or Expressed Powers:
Powers explicitly granted to the national government, particularly Congress.
Exclusive Powers:
Powers only the national government can exercise.
Implied Powers:
Not explicitly granted but allowed under the necessary and proper clause, permitting legislation to carry out enumerated powers.
Constitutional Denial:
Constitution denies certain powers to the national government.
Section 3.2: Fourteenth Amendment
Due Process Clause:
Ensures state legal safeguards before depriving individuals of life, liberty, or property.
Equal Protection Clause:
Requires states to enforce laws equally, preventing discrimination based on race or other factors.
Section 3.2: Key Clauses in Federalism
Commerce Clause:
Grants Congress power to regulate commerce with foreign nations, among states, and with Indian tribes.
Scope: Congress can define nearly any activity as commerce.
Necessary and Proper Clause (Elastic Clause):
Allows Congress to legislate to implement its enumerated powers, critical for national power.
Supremacy Clause:
Establishes that the Constitution and federal laws are the supreme law of the land.
Section 3.2: Power of the States
The Constitution provides fewer specifics on state powers compared to national powers.
Tenth Amendment Effect:
Protects state authority by reserving powers not granted to the national government.
Concurrent Powers:
Powers shared between national and state governments (e.g., tax enforcement, court creation, money borrowing).
Section 3.2: Regional and Local Governments
Local governments often experience tension with state governments over policy decisions.
Article IV Provisions:
Sets inter-state relationships, including:
Full Faith and Credit Clause: mandates states to recognize public acts and civil proceedings from other states.
Extradition: mandates returning defendants in criminal cases to the state of the crime.
Privileges and Immunities Clause: prohibits states from discriminating against out-of-state individuals.
Section 3.3: The Marshall Court and American Federalism
McCulloch v. Maryland (1819):
Facts: A tax imposed by Maryland on the Second Bank of the U.S. challenged by Bank official McCulloch.
Issue: Can Congress charter a bank under the Necessary and Proper Clause, and can a state tax that bank?
Holding: Favoring McCulloch, emphasizing the importance of implied powers; a state cannot tax federal institutions.
Section 3.3: Civil War Amendments
Thirteenth Amendment: Outlawed slavery.
Fourteenth Amendment: Defined U.S. citizenship, prohibiting states from denying due process and equal protection.
Fifteenth Amendment: Prevented the denial of voting rights based on race, securing voting for Black American males.
Plessey v. Ferguson (1896): Established the “separate but equal” doctrine, which reinforced state laws allowing segregation.
Section 3.3: Dual to Cooperative Federalism
Dual Federalism:
Describes independent operation of state and federal governments—with minimal policy overlap, metaphorically likened to a layer cake.
Transition to Cooperative Federalism:
Collaborative approach among government levels addressed by all branches of government.
Influencing Factors:
Selective incorporation applied fundamental rights to states; social demands from the Great Depression and FDR's New Deal blurred the lines between state and national policies.
Section 3.4: Modern Fiscal Federalism
Grants-in-aid: Federal government tool aimed to influence state policies.
Categorical Grants: Funds provided with stringent conditions on their use.
Fiscal Federalism: Examines how federal grants affect state policies and programs.
Unfunded Mandates: Requirements imposed by the national government on states without accompanying funds (e.g., Americans with Disabilities Act).
Devolution: The return of authority to state and local governments through block grants that provide states more discretion in fund usage.
Revenue Sharing: A discontinued practice where federal funds were allotted to states with no conditions attached.
Section 3.4: Public Policy and Federal-State Relationship
Education: Shifting dialogue about public policy control between state and federal governments; federal intervention has increased to influence educational outcomes.
COVID-19 Policy:
Federal government intervention surged during the pandemic, with over $5.2 trillion allocated, showcasing strengths and weaknesses in managing federalism amid a crisis.
Section 3.5: Supreme Court Decisions and Federalism
United States v. Lopez: Affirmed states’ rights concerning gun possession in schools, holding the Gun-Free School Zones Act unconstitutional based on commerce clause overreach.
Same-sex Marriage - United States v. Windsor: Declared DOMA unconstitutional, affirming that marriage law falls within state jurisdiction without federal interference.
Obergefell v. Hodges: Ensured same-sex couples equal marriage rights, highlighting civil liberties congruence with the Fourteenth Amendment.
Dobbs v. Jackson Women’s Health Organization: Rescinded federal abortion rights, delegating regulation back to states, reshaping abortion laws significantly.
Concluding Thoughts
The balance of power in American federalism is continuously shifting, dictated by historical contexts, court rulings, and evolving public policies, demonstrating a dynamic and multifaceted relationship between state and national authorities.