poli100 lecture 8

Overview of Quiz and Course Material

  • Quiz One is today.

  • Clarification on material covered for the quiz: intended to cover up until Friday (previous email mistakenly mentioned Wednesday).

Current Events and Federalism

  • Tragic event involving Alex Pretty, deemed a domestic terrorist by the current administration.

    • Discussion prompted on whether he truly fits that label.

  • Minneapolis operation called "Metro Surge" raising constitutional questions about federalism.

    • Local and state police barred from investigating by federal officials.

    • Raises questions about the constitutionality of such actions.

    • Discussion of the anti-commandeering doctrine from the 10th Amendment, which prohibits the federal government from compelling states to enforce federal laws.

  • Reference to prior federalization of California's National Guard without consent raises further questions about federalism's limits.

Key Definitions and Concepts of Federalism

  • Federalism: A form of governance where powers are divided among national and subnational governments, including concurrent powers.

    • Concept of power sharing is emphasized, spreading out governmental authority to prevent abuse.

  • Examples of federal forms of government:

    • United States, Canada, Mexico, Germany, India, Australia.

  • Alternatives to federalism:

    • Unitary Government: Central government possesses supreme authority; examples include the UK, China, Japan, and Israel.

    • The UK has devolved powers to regions, but these can be revoked by the central government.

    • Confederate Government: A union of sovereign states; example: articles of confederation era in the US.

    • Examples today: Switzerland, Belgium, EU.

Compromises and Historical Context

  • Discussion of historical compromises in US government:

    • Bill of Rights: Compromise assuaging anti-federalist concerns regarding state and individual liberties.

    • Question on relevance of Bill of Rights to state autonomy, highlighted by the 10th Amendment, which reserves powers not delegated to the federal government to the states.

Detailed Examination of Federalism

  • Strengths of Federalism:

    • Limits concentrated power (Dual Security concept).

    • Encourages innovation at the state level (example: legalization of marijuana in several states).

    • Promotes pluralism and citizen involvement via multiple levels of governance (local, state, national).

    • Example: citizens’ ability to move to states more aligned with their interests (e.g., gun laws).

    • Allows for national minorities to become subnational majorities (e.g., Mormons in Utah).

  • Weaknesses of Federalism:

    • Vulnerability of state power amid federal oversight (as seen in Minneapolis).

    • Complexity of overlapping responsibilities (e.g., accountability during disasters like Hurricane Katrina).

    • Lack of uniformity across states, leading to vast differences in laws (e.g., abortion and gun control).

    • Potential for a race to the bottom, where states lower taxes to attract business at the expense of public services.

National Powers Structure

  • Discussion of powers:

    • Enumerated Powers: Specific powers listed in the Constitution, allowing Congress to tax, regulate commerce, and raise armies.

    • 17 specified enumerated powers; success of the Articles of Confederation highlighted as a failure to provide these powers.

    • Implied Powers: Powers necessary to implement enumerated powers, as defined by the necessary and proper clause.

    • Example: Establishment of the IRS to collect taxes.

    • Creation of the interstate highway system to facilitate commerce.

    • Inherent Powers: Powers that all sovereign states possess, such as control over immigration and territory acquisition (e.g., Louisiana Purchase).

Concurrent Powers

  • Powers shared by both the national and state governments:

    • Taxation, lawmaking, borrowing money, establishing courts, and taking control of property (eminent domain).

  • State Powers:

    • Powers exclusive to states include regulating elections, establishing local governments, and overseeing intrastate commerce.

    • Amending the Constitution: Requires a two-thirds Congressional approval and three-fourths state ratification.

Reserved Powers and the 10th Amendment

  • Police Powers: Authority to legislate for health, safety, and morals of citizens.

    • Example: State responses to COVID-19 without national mandates.

  • Education and local governance are primarily state responsibilities, funded by local and state sources (federal funding is minimal).

  • The 10th Amendment: Reserves powers not delegated to the federal government to the states or the people.

Conclusion

  • Reminder to engage with the material actively, encourage questions for clarity.