Chapter 3: Federalism

Dividing Power Between the National and State

Section 1: Boundaries of Power

1. Who has more control?

• State governments cannot hold most of the power in an efficient government

• The national government cannot hold most of the power in a non-tyrannical government

• GOAL: reduce the ability of tyrants to hold power but maintain efficiency in governance

2. Conflict over Medical Marijuana

• The Supreme Court often settles disputes between the national government and the states by defining the ambiguous implied powers of Congress

• When the court rules it either:

  • EXPANDS national power and WEAKENS state power

  • WEAKENS state power and EXPANDS state power

• Gonzales v. Raich (2012)

• Problem: at the federal level Medical Marijuana is illegal but increasingly most states have legalized it

Section 2: Federalism and the Constitution

1. Types of Governance

• Expressed/enumerated powers: powers explicitly given to a certain authority in the Constitution

• Commerce Clause: grants Congress the power to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”

  • Congress has repeatedly claimed this authority in cases that do not seem to be productive commerce

• Necessary and Proper Clause: also called the elastic clause, a critical source of power for the national government

  • Congress can do extra things needed to execute the powers it explicitly has

• Supremacy Clause: “This Constitution and the Laws of the United States shall be the supreme Law of the Land.“

  • The states must abide by the laws passed by Congress

  • Even if the state constitutional provisions conflict with them

• The Constitution are much less specific about state powers

2. Division of Power With States

• 10th Amendment: anything not listed here, than it is the power of the state

• Concurrent Powers: granted in the Constitution to both National and State Governments

• Full faith and credit clause- requires states to recognize the public acts, records, and civil court proceedings from another state

• Extradition- you cannot flee from a crime by simply going to a state with different laws

• Privileges and Immunities- states cannot discriminate against out-of-state individuals

Section 3: The Future of Federalism

1. National Equality Amendments

• Thirteenth: outlaws slavery

• Fourteenth: person born in the United States are citizens

• Fifteenth: gave African American males the right to vote

2. Federal Models

• Dual Federalism: layer cake, states and national governments work independently of one another

• Cooperative Federalism: swirled cake, states and national governments work together with powers shared/mixed more evenly

3. National Expansion

• The Great Depression

  • States could not deal with the crisis

  • Turned to national policy for help

  • Accepting finically aid had strings

• Permanently altered the relationship between the states and national government

• Gave the national gov more power, created a legacy of gov involved programs

Section 4: The Cost of Federalism

1. Fiscal Aid

• Grants in aid: tool used to achieve policy objectives within states

  • Categorical: provided to states with specific provision on their use

    • Limited in how states can spend funding

    • Have conditions on their use

• Fiscal Federalism: the whole process of using grants in aid to influence state policy

• Unfunded Mandate: the national government but requires states to pay for programs without providing funds

  • American Disabilities Act (1990), government provided guidelines but not money

• Block Grant: gives states more authority in how they use their money “blocking” money without assigning specific mandates

2. The Drinking Age

• 1920: banned alcohol in the 19th amendment

• 18 year olds were given the right to vote, some states also gave 18 year olds the right to vote

• Fatalities were very high from drunk driving, often in states with teens drinking

  • Especially dangerous for teens driving to states that allowed alcohol

• Federal government helped with high way funds

  • Withholding funds in the drinking age was the condition upon which the funds were dispersed

• Does an older drinking age actually save lives?

  • Probably, maybe, still debated

2. Federalism and Public Education

• Starting in the 1960’s, the national government provided grant money to states to create more opportunity for low-income areas

• No Child Left Behind (NCLB) provided states with grant money if they agreed to give standardized assessment tests to students at certain grade levels

  • Led to “teaching to the test” and controversy about how to obtain funding

Section 5: The Supreme Court and Modern Federalism

1. US v. Lopez

• Alfonso Lopez brought a gun to school and was charged with violating the Gun-Free School Zones Act

• Question: Is the Gun-Free Zones Act unconstitutional because it exceeds the power of Congress under the Commerce Clause?

• Majority: 5-4

• Involves the 10th Amendment: reserving power for states

2. Same-Sex Marriage

• Edith Windsor and Thea Spyer’s marriage was not recognized by federal law

  • She had to pay $350,000 of federal estate taxes that she would have been exempt

• Is DOMO (Defense of Marriage Act) which defined marriage as between a man and a woman, constitutional?

• 5-4 decision for Windsor

• James Obergefell and John Arthur were married in Maryland, but in their home state Ohio, their marriage was not legal

  • James could not be listed as the surviving spouse of Arthur’s death certificate

• Can states deny same-sex couples the same legal rights as opposite-sex couples?

• The right to marry is a fundamental right inherent to the liberty of a person

2. Marijuana: Gonzales v. Raich

• Background: Angel Raich and Diane Monson grew medical marijuana in their homes under the supervision of a doctor under a California law

• 6-3 against States rights and in support of the federal government controlling the market for marijuana