Democracy at the State level

Another F word (happy f word): Federalism 

  • One way of describing the relationship between the national government and subnational government units 

    • National government and state government 

Federalism is not the only relationship that exists 

  • Unitary system - national government is sovereign 

    • No state sovereignty 

  • Confederacy - states are sovereign 

    • No high authority that each individual states

    • May be a national government, but it means nothing if the states do not like what the national gov is doing

US has a federalist system

  • Dual sovereignty 

  • States have some sovereignty when it comes to some issues

  • National gov has sovereignty when it comes to some issues

What does it mean?

Picture a venn diagram 

Once circle is the national gov. Once circle is state govt

  • The overlap of the circle represents the Shared or concurrent powers 

National Gov Powers:

  • Printing powers 

    • Our economy would not function if each state had its own currency

  • Power to declare war 

    • What would happen if Indiana declared war on Iraq?

  • Making Treaties

    • Louisiana making a treaty with Cuba?

  • Regulating interstate commerce 

These powers are listed in the US constitution. Founding fathers thought that each person would be affected the most by state government


State Government Powers:

  • Education

  • Licensing 

    • Marriage, medicine, law 

  • Crime 

Shared Powers:

  • Taxing 

What we have seen over history is the federal government has began to get greater ability to act in a way that impacts our day to day life

  • There are a lot more shared powers than the framers thought there would be

When it comes to the shared powers, we have the “supremacy clause"

Supremacy clause - The federal law is always supreme as long as the national government has a right to do those things

  • National gov made education a shared power 

How have these shared/implied powers expanded?

Our constitution has built in mechanisms that have invited evolution of federalism 

  1. Style of our constitution (two basic traditions of constitution writing)

    1. Natural law → (broad Principles (no murder))

      1. US constitution 

        1. The first amendment gives us 6 giant rights that are not defined

        2. Our freedom of speech means that we have one

    2. Positive Law → (Specific (Murder 1, murder 2))

      1. Majority of our state constitutions 

      2. State constitutions are super long and very specific 

    3. When do we make laws regarding the board principles (freedom of speech), we have to interpret the constitution!

    4. Whenever we interpret, we invite change 

    5. Means that federalism was bound to evolve 

  2. Commerce Clause 

    1. National gov regulates interstate commerce, trading with other nations, and trading with native Americans 

      1. Interstate commerce - between states

      2. Intrastate Commerce - trade within a state (NOT IN THE CONSTITUTION)

        1. Belongs to the states 

    2. Must interpret what is interstate commerce?

      1. Gibbons v Ogden 

        1. Dealt with commerce clause. New Jersey and New York. 

          1. A guy in NY started a business ferrying people from NY to NJ and NJ to NY. 

          2. Goes to the state of New York to get a work permit and he gets one. Also makes sure he is the only one who gets a permit

          3. Another dude opens another ferry business and when he tries to get a permit, is denied. 

            1. He gets angry and says that this is interstate commerce, which means the state does not have the ability to regulate 

            2. He goes to the US gov and gets a permit

          4. The first dude gets angry and sues

          5. The SCOTUS has to determine if it is interstate or intrastate? Says it is INTERSTATE

            1. Define the commerce clause as anytime two states intermingle in a commercial way!

        2. The supreme court then further refines what interstate commerce is! Interstate commerce is now anything that has “a substantial impact on the nation's economy” 

          1. Let's say we design new classroom desks. We use wood from Allegheny National Forest, Metal from Pittsburgh, Meadville for tool and die, Woodcarving from the Amish, quilted cushions from Amish, chargers from Philadelphia, Paint from Pittsburgh, Lights from Philadelphia. 

            1. We are only selling them to PA residents 

            2. We employ 100,000 people in Erie, for dirt cheep, no safety measures

          2. Does the federal gov have a right to regulate our commercial activity? (even though everything happens inside PA)

            1. YES, because we employ 100,000 people who are workers in the national economy. If we eliminate 100,000 people due to our bad safety measures, it would have a bad impact on our national economy

            2. If something went wrong and we lost this company, it would have a very bad impact on the nation's economy 

    3. Now the states do not have the ability to regulate their own economy

      1. Everything is affected by the commerce clause. 


Why is this important? 

  • What did framers think of democracy at the state level? 

  • Federalism hints that federalism is the way we have democracy 

    • Values and interest of the people reflect the laws of the government

    • With federalism, each state is allowed to make laws that reflect the values of their own people

  • Democracy might not live at the national level, but at the state level 

    • If it mostly happens at the state level, we will live democratic lives

Mormons are weird! What makes them weird?

  • When you die you get your own planet

  • Ancient jews built boats and sailed to America

  • No caffeine 

  • Undergarments

Mormons were chased out of every place they went when trying to set up their community

They established Salt Lake City in Utah. They were alone and lived life in their values and interests. 

  • Their values and interests are established in state laws 

    • The law only permits “drinking club” with the level of alcohol is regulated

Contrast Utah with Nevada!

  • Gamble your life away and retirement savings

  • Bet on anything

  • Free alcohol 

    • More you drink the happier they are 

  • You can walk down the street and go to a strip club, or a brothel 

Nevada is living according to their values and interests (Mills!) 

Good for California for saying “grand risings instead of good morning” Let them experiment with their lifestyle 

Federalism says “good for Tennessee for having houses with confederate flags” let them experiment. 

Federalism creates a diverse nation where people live according to their values. But it also creates lots of bad things: 

  • Jim Crowe laws in the south

  • if you live in Idaho, no abortion even if your life depends on it

  • In Utah, Mormonism is everywhere 

  • One town requires you to carry a gun if you are older than 16 in northern Arizona 

The reason federalism is so important is because we live in such a diverse nation. (races, language, religion) federalism is how we manage all of the conflict that allows our system of government to work. Not everything is a national conflict. If it becomes a national conflict, we have all the differences fighting over one thing. 

Each state has different laws! And that is good!!! Federalism creates democracy!