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Lecture 4: Federalism

Lecture 4: Federalism. Concept of Federalism. Federal vs Unitary. Concurrent powers. Fed. State. Division of powers. What areas are exclusively federal responsibilities? coin money, wage war, regulate immigration and citizenship

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Lecture 4: Federalism

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  1. Lecture 4: Federalism

  2. Concept of Federalism • Federal vs Unitary Concurrent powers Fed State

  3. Division of powers • What areas are exclusively federal responsibilities? • coin money, wage war, regulate immigration and citizenship • What areas are exclusively or mostly state responsibilities? • establish local governments, ratify constitutional amendments, education • What areas are concurrent? • Tax, borrow money, set up courts

  4. Advantages of a decentralized federal system? • Better reflects local or regional differences • example: minimum wage • allows for experimentation • example: Oregon’s assisted suicide?

  5. Disadvantages of federalism • can inhibit trade and mobility • example: state tuition • can promote a race to the bottom • example: lower state taxes, lax environmental laws

  6. Gibbons v Ogden (1824) • Facts of the case • Result: Ct. interpreted “interstate commerce” broadly, giving greater power to Congress and the federal government.

  7. Civil War • Are states sovereign--with the right to join and leave the union as they please? • Article I, section 10--”no confederacies” • “We the People”, not “we the states” • Outcome of the War: • No!

  8. Post Civil War Era • Growth of big business and national economy • necessary action by fed govt: • starting with regulating railroads, and monopolies

  9. Great Depression and New Deal (1929-41) • Works Project Administration • Social Security • and much more--eventually with USSC approval • Wickard v Filburn (1942) • digression--Raich v Gonzalez (2005)

  10. Civil Rights and Integration (1954-74) • Federal laws and federal troops integrating schools and public accommodations • Heart of Atlanta Motel v United States (1964)

  11. Great Society (1963-69) • War On Poverty • Medicare • Medicaid

  12. Reagan “revolution” and devolution • Less “strings” on reduced federal funding for state programs--from categorical to block grants • Example of “Welfare” reform in 1990s • Conservative Supreme Ct reducing federal controls over states • Examples: • US v Lopez (1995) • US v Morrison (2000) • but more mixed in Raich v Gonzalez (2005)

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