Chapter 3: Federalism

Federalism

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Dividing Governmental
Authority
In the compound republic of America, the
power surrendered by the people is first
divided between two distinct governments,
and then the portion allotted to each
subdivided among distinct and separate
departments. Hence a double security
arises to the right of the people.

James Madison,
Federalist No. 51

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Dividing Governmental
Authority
Our federal system of government has often
been a source of conflict.

How do we decide which powers should rest

with the states and which should belong to the
national government?

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Dividing Governmental
Authority
Is the federal government getting too big to
provide an effective response to local
problems?

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Why Divide Authority in the First Place?

The Constitution may

have never been
ratified if the Framers
had pushed for a
unitary system.

Federalism was a
compromise, allowing
the states to maintain
their independence.

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

The Evolution of Federalism

“State-Centered Federalism”
1787 to 1868

From the adoption of the Constitution to

the end of the Civil War, the states were
the most important units of the American
Federal System.

McCulloch v. Maryland decided during

this phase.
Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Pathways Profile: John

Marshall
Chief Justice, 1801–1835

Marbury v. Madison, 1803

McCulloch v. Maryland, 1818

– Used Constitution’s
necessary
and proper clause

His opinions helped to weaken

states’ rights
Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Evolution of Federalism

Doctrine of Nullification
Each state could declare any laws or actions
of the national government “null and void.”

Doctrine of Secession
States could chose to withdraw from the
United States if they wanted.
Used by the Confederate States in the Civil
War.

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Evolution of Federalism
“Dual Federalism”
1868 to 1913

In this phase, the national government narrowly

interpreted its delegated powers and the states
continued to decide most domestic policy issues.

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Evolution of Federalism

After the Civil

War, industrialization
and urbanization
created new challenges
for the federal system.

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Evolution of Federalism
Federal Power:
The Supreme Court and the New Deal

Franklin D. Roosevelt was elected in 1932, in

the midst of the Great Depression.

Supreme Court blocked many of his New Deal

laws.

Roosevelt responded with a “court-packing”

plan.
Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Evolution of Federalism

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Past Trends in Federalism

Cooperative Federalism
1913 to 1964

The system was likened to a

marble cake in that “as the
colors are mixed in a marble
cake, so functions are mixed
in the American federal
system.”

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Past Trends in Federalism

The Great Society and Creative Federalism

The presidency of
Lyndon B. Johnson
(1963–1969) marked a
critical point in the
evolution of federalism.

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Past Trends in Federalism

The Great Society and Creative Federalism

Johnson’s “Great Society”

War on Poverty

Federal funds were directed to

states, local government, and a
wide variety of social programs.

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Past Trends in Federalism

The Great Society and Creative Federalism

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Past Trends in Federalism

The Great Society and Creative Federalism

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Past Trends in Federalism

The Changing Nature of Federal Grants

Grants-in-Aid
Federal funds given to state and local
governments on the condition that the
money be spent for specified purposes,
defined by officials
in Washington.
In 2004 the federal government spent
$418,091,000,000 in grants-in-aid to
state and local government.

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Past Trends in Federalism

The Changing Nature of Federal Grants

Block grants
Federal funds given to states, which have
discretion in spending the money.
In 1996 there was a shift from
Categorical Grants to Block Grants.

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Recent Trends in Federalism

Ronald Reagan sought to return more

power and responsibility to the states.

“Government is not the solution; it’s

the problem.”
–Ronald Reagan

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Recent Trends in Federalism

Dillon’s Rule v. Home Rule

John Dillon, Iowa Supreme

Court
– New definition of the
relationship between state and
local governments

Home Rule
City governments free, except
where prohibited by state law.

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Recent Trends in Federalism

Devolution

The Republican
“Contract with
America” called for
devolution—the
transfer of political
and economic power
to the states.

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Recent Trends in Federalism

The Supreme Court’s Shift in Perspective

Beginning in 1995, justices interested in granting

more deference to state authority gained a slim
five-to-four majority in the Supreme Court.

● United States v. Lopez (1995)

● Printz v. United States (1997)
● United States v. Morrison (2000)

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman
 Chapter 3: Federalism

Pathways of Change
From Around the World:
Ukraine

Ukrainian movements
– Orange Revolution
– Nashi youth movement

Freedom fighters or tool of the Kremlin?

Shea, Green, and Smith, Living Democracy Brief National, Second Edition Copyright 2009 Pearson Longman