[3] Federalism.pdf

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Government and Politics
GVPT 170
Patrick Wohlfarth

[3] Federalism Monday,October 7,2013 10:44 AM // OVERVIEW • Federalism Defined • Federalism in the Constitution • Shared vs. Dual Federalism • The Nationalization of Government • New Deal • Great Society • Contemporary Federalism • Returning Power to the States? • Operational & Fiscal Federalism QUALIFICATIONS OF FEDERAL SYSTEMS 1. Dual Citizenship & Common Geography 2. Some Independence 3. Some Mutual Influence WHY FEDERALISM? • Distaste for England’s unitary system • Failure of the Articles of Confederation • Pragmatic political compromise at the Constitutional Convention FEDERALISM AND THE U.S. CONSTITUTION The balance (& conflict) between state and nation-centered federalism State-centered • Original Senate (until 1913) • Public pressure & 17th Amendment • 10th Amendment • Bill of Rights promised as incentive for ratification • Sufficient safeguard for states’rights? Nation-Centered • National Supremacy Clause (Article VI) • Narrow intent…but sweeping language • Enumerated powers (Article I, Section 8) • Necessary and Proper Clause • Interstate Commerce Clause • General Welfare Clause • Implied Powers • McCulloch v. Maryland (1819) Full Faith and Credit clause • Article IV, Section 1 14th Amendment & Incorporation of the Bill of Rights Interstate Commerce Clause • Principal vehicle for disputes over federal vs. state authority • …Commonly becomes a judicial question • E.g.,Affordable Care Act–Individual Mandate; Medicaid Expansion DUAL VS. SHARED FEDERALISM Dual Federalism • Framers’intent and original conception • Authority is mutually exclusive • “Spheres of Sovereignty” • Hallmark of 19th century governance • Shared (or Cooperative) Federalism • Contemporary U.S. government • Joint, cooperative services by federal & state governments trend toward nationalization Following 19th century, power has gradually shifted to the national government • From Dual to Shared federalism Why? • Problems extend beyond state resources • E.g., pollution, economic problems, food safety • States cannot solve problems collectively • Federal politicians seek national involvement • Seize more policymaking authority THE N
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