FederalismDO NOWNikki Haley, the governor of South Carolina, has called for the removal of a Confederate flag from the state capitol's grounds. It will take a majority vote in the state legislature to remove the flag. The flag was embraced by Dylann Roof, the man accused of killing nine black people in a church last week. The Sons of Confederate Veterans, a group that says it supports “heritage, not hate”, says it will fight attempts to remove the flag.What does this controversy suggest about regional divisions in the United States?

The Pledge of Allegiance

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

The Pledge of Allegiance - Texas

Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.

The Pledge of Allegiance – Latvaria

I pledge allegiance to the flag of Latvaria and to the dominion for which it stands; one nation, under Doom, invincible and indivisible.

Learning objectives

• To describe the origins and development of federal government

• To explain the relationship between expressed, reserved and concurrent powers

• To evaluate the consequences of Federalism for the United States

Learning resource

• ‘Crash Course’ has recently uploaded an entire new sequence of lessons on US Government & Politics

• Your lives just got a lot easier

What is Federalism?

Write a definition of federalism using 30 words or fewer

What is Federalism?A political principle according to which sovereign powers is shared between national and state governments.

How does Federalism work?

Draw a Venn diagram with two large circles and a good-sized intersect. Use the powers listed opposite to complete the diagram in order to show the relationship between expressed, reserved and concurrent powers in the United States.

Declare war

Set foreign policy

Est. armed forces

Ratify treaties Est. post offices

Print money

Charter banks

Build roads

Regulate inter-state trade

Regulate intra-state trade

Conduct elections

Maintain schools

Provide for public safety

Criminal justice

Borrow money

Copyright laws

Est. local government

Expressed powers delegated to the federal government

Powers reserved by the state governments

Concurrent (shared) powers

Declare war

Set foreign policy

Est. armed forces

Ratify treaties

Est. post offices

Print money

Charter banks

Build roads

Regulate inter-state trade

Regulate intra-state trade

Conduct elections

Maintain schools

Provide for public safety

Criminal justice

Borrow money

Copyright laws

Est. local government

50 self- governing states (and several territories)

• We are going to investigate three different examples of Federalism in action

• After each example, write down on your Post-it notes any consequences that occur to you for life in the United States

• We will revisit these consequences towards the end of the lesson

Federalism in Action

Federalism in Action 1

• http://www.youtube.com/watch?v=BmEkugfOT-c

Watch the video footage. What does this suggest about the extent of Federalism in the USA?

Click for the answer

What does this map show? Work with a partner. You have two minutes.

“… crossing a state boundary can involve ‘stepping into another moral universe’. Oral sex for example, was illegal in 15 of the 50 states as late as 1999. Adultery remained a crime in 24 of them. Eight states had prohibited the sale, though not the use of ‘marital aids’. Thirty-three states had no statute relating to fornication, but in 17 it was considered a misdemeanour or felony. Incest was a felony in 48 states but only a misdemeanour in Virginia and did not even merit a statute in Rhode Island. Prostitution was only a misdemeanour in most states but the strongest condemnatory language in American sex law was reserved for sodomy, although 23 states had no statutes at all pertaining to the practice. Theoretically the state of Alabama allows sex with donkeys and corpses (no law exists against either bestiality or necrophilia), but punishes oral sex between husbands and wives.”

From R. Singh, American Government & Politics: A Concise Introduction (2003) p243

What does this extract and the previous example tell you about Federalism in the United States?

• There are more than 87,000 units of local government in the United States today.

• Each of these local units is located within one of the 50 States. Each State has created these units through its constitution and laws.

• Local governments, since they are created by States, are exercising State law through their own means.

Don’t forget local government

Origins of Federalism

The Framers of the Constitution were dedicated to the concept of limited government. They were convinced:

1. that governmental power poses a threat to individual liberty

2. that therefore the exercise of governmental power must be restrained; and

3. that to divide governmental power, as federalism does, is to curb it and so prevent its abuse.

• However, Federalism as a word is not mentioned in the Constitution.

• Federalism instead is implied throughout the Constitution. For example ... the division of government into three distinct groups ... the President is Commander-in-Chief ... Congress raises taxes etc ... i.e. power is dispersed and checked and balanced

• The 10th Amendment reserved all remaining powers to the States and the people

Origins of Federalism

• The Federalists were a group that supported a strong federal government

• Argued for their viewpoint by writing the Federalist papers

• Led by three men– Alexander Hamilton– James Madison– John Jay

The Federalist Papers

The AuthorsThe papers’ authors were or became powerful political figures – Madison became a leading member of the U.S. House of

Representatives from Virginia (1789–1797), Secretary of State (1801–1809), and ultimately the fourth President of the United States.

– Hamilton, who had been a leading advocate of national constitutional reform throughout the 1780s and represented New York at the Constitutional Convention, in 1789 became the first Secretary of the Treasury, a post he held until his resignation in 1795.

– John Jay, who had been secretary for foreign affairs under the Articles of Confederation from 1784 through their expiration in 1789, became the first Chief Justice of the United States in 1789, stepping down in 1795 to accept election as governor of New York, a post he held for two terms, retiring in 1801.

The Federalist Papers (cont’d)• A series of 85 letters to

the editor; 77 eventually published

• All letters were signed “Publius” in honor of a Roman Consul

• All letters attempted to persuade people to ratify the Constitution

• Controversial because of opposition to Bill of Rights

The Anti-Federalists• Opposed the strong federal

government that was laid out in the Constitution

• Favored local governments closely controlled by the people.

• Led by Patrick Henry and included others like: Sam Adams, George Mason, James Monroe

• Thomas Jefferson showed Anti-Federalist ideas, but did not join the movement (was living in France at the time)

An ever-changing union• Westward Expansion

– From 13 colonies to 50 states• Growth in Population

– 4 mn in 1790 to 321 mn in 2014• Industrialisation

– Need for government regulation • Communication

– As the nation grew, it shrank• Events

– The Great Depression

• Foreign Policy– Second World War caused the need for

centralised planning• Supreme Court Decisions

– Decisions on the meaning of the constitution alter the role of the Federal Government

• Constitutional Amendments– These can alter the powers of States or Federal

Government

An ever-changing union

Take a full page in your exercise books. Copy and complete the table below based on pp27-32 of the A2 text book.

Phases of Federalism

Phase

Years 1787-1920 1930s-60s 1970s-2000s 2000-2008 2008 to date

Key features

Dual Federalism1780-1920• Associated with a collection of ‘unknown

presidents’

Large Focus on States Rights• Federal Government limited to Money, War and

Peace

Layer Cake Federalism• Divisions in Political Power are Clear Cut

Cooperative Federalism1930s – 1960s• Franklin Roosevelt, Harry Truman, John Kennedy, Lyndon Johnson• Majority of the Presidents were Democrats

New Departments• Defence (1949), Health, Education, & Welfare (1953), Transportation

(1966)

Large Increase in Categorical Grants• Grants allocated to states by Federal Government for specific projects

Marble Cake• Division in Political Power are less clear cut

New Federalism1970s-2000• Nixon, Ford, Reagan, Bush and Clinton• Majority of the Presidents were Republicans

Shift back to State Power• The Federal Government did not create the States;

the States created the Federal Government

Large Increase in Block Grants• Grants allocated to states by Federal Government

for non specific purposes or general areas

Federalism Under ‘Dubbya’

Government spending increased by 33% in 01-05

– Iraq War– Homeland Security– Expansions of Medicare

& Education• No Child Left behind

– Wall Street and Banking Collapse

Federalism Under Obama

Expansion of Federal Government Role• Obama Care• GM BailoutsBUT:Willing to allow states to pursue goals – pollution permits in CaliforniaHowever:Only does this when it suits him to do so!

The Supremacy Clause in the Constitution establishes the Constitution and United States laws as the “supreme Law of the Land”.

The Supremacy Clause

Pros and cons of FederalismSort the cards into two columns:

• One listing the pros of Federalism• One listing the cons of Federalism

Try to rank each column in order of importance. Be prepared to explain your ranking.

Pros Cons

Federalism permits diversity Federalism can hide economic and social inequalities

Federalism is pluralist—it allows for different political actors with different political views—much like American society as a whole

Federalism frustrates the national will, making solutions to problems harder to devise and/or implement

Federalism increases the protection of individual and minority rights

Federalism is a constant source of conflict between states and government

States can function as ‘policy labs’, e.g. the introduction of pollution permits in California

Federalism is highly bureaucratic, therefore creating a costly system that is resistant to change

Federalism is well-suited to a geographically large and ethnically diverse nation

Consequences of Federalism

• http://www.youtube.com/watch?v=BmEkugfOT-c

• http://www.youtube.com/watch?v=Qk1tTCk2Kks

Watch the video footage. Does this affect your view of the pros and cons of Federalism?

Consequences of Federalism

• Read through the briefing on the 2001 Patriot Act.

• How does this illustrate the changing relationship between the federal and state governments?

USA Patriot Act 2001

Impinges on Civil

LibertiesExtensive powers

given to FBIGuantanam

o Bay detainees without

proper trial.

Unites and strengthens AmericaProvides appropriate tools required to intercept and obstruct terrorism

Consequences of Federalism

Consequences of Federalism

• Legal—laws differ greatly between states, including on issues of vital importance to people’s lives

• Political—states have different electoral systems, different candidate selection processes; parties are state-based

• Economic—the US tax system is complex: difficult to understand and (arguably) easy to manipulate

• Regionalism—distinct cultures-can frustrate federal policy, e.g. civil rights reform

Plenary

How far do you think the Founding Fathers’ concept of a federal state has been upheld?

@Lrdswd_Politi cs

Questions?Any

How far do you think the Founding Fathers’ concept of a federal state has been upheld?

Evidence of move towards centre

Evidence of continuing significance of federalism

How far do you think the Founding Fathers’ concept of a federal state has been upheld?

Essay Planning• What were the FF’s beliefs?• Growth of Federal power• Stages of federalism• Bush /Obama federalism• Protected states rights (research Gonzales v Oregon)• Liberal/conservatives position• Effects of economic domestic/and international crisis

The US Constitution allows each citizen the right to bare arms.

U.S. citizens, except for convicted felons and those found mentally disabled, have the right to possess firearms. Citizens in most States may carry a handgun or other weapon in public in a concealed or open manner, either on one's person or in proximity, however many states and cities heavily restrict this. Some jurisdictions require a permit for concealed carry, but most jurisdictions do not require a permit for open carry, if allowed. A small number of states and localities may require licenses to own or purchase guns and ammunition.

Why do different states do different things if there is a constitution

@Lrdswd_Politi cs

Questions?Any

STUDENT RESOURCES

“… crossing a state boundary can involve ‘stepping into another moral universe’. Oral sex for example, was illegal in 15 of the 50 states as late as 1999. Adultery remained a crime in 24 of them. Eight states had prohibited the sale, though not the use of ‘marital aids’. Thirty-three states had no statute relating to fornication, but in 17 it was considered a misdemeanour or felony. Incest was a felony in 48 states but only a misdemeanour in Virginia and did not even merit a statute in Rhode Island. Prostitution was only a misdemeanour in most states but the strongest condemnatory language in American sex law was reserved for sodomy, although 23 states had no statutes at all pertaining to the practice. Theoretically the state of Alabama allows sex with donkeys and corpses (no law exists against either bestiality or necrophilia), but punishes oral sex between husbands and wives.”

From R. Singh, American Government & Politics: A Concise Introduction (2003) p243

What does this extract tell you about Federalism in the United States?

The USA PATRIOT Act (commonly known as the "Patriot Act") is an Act of the U.S. Congress and signed into law by President George W. Bush on October 26, 2001. The title of the Act is a contrived acronym, which stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.The Act dramatically expanded law enforcement agencies' ability to search telephone, e-mail communications, medical, financial, and other records; eased restrictions on foreign intelligence gathering within the United States; expanded the Secretary of the Treasury’s authority to regulate financial transactions, particularly those involving foreign individuals and entities; and broadened the discretion of law enforcement and immigration authorities in detaining and deporting people suspected of terrorism-related acts. The act also expanded the definition of terrorism to include domestic terrorism, thus enlarging the number of activities to which the USA PATRIOT Act’s expanded law enforcement powers could be applied.The Act was passed by wide margins in both houses of Congress and was supported by members of both the Republican and Democratic parties. Many of the act's provisions were to sunset beginning December 31, 2005, approximately four years after its passage. In the months preceding the sunset date, supporters of the act pushed to make its sunsetting provisions permanent, while critics sought to revise various sections to enhance civil liberty protections. In July 2005, the U.S. Senate passed a reauthorization bill with substantial changes to several sections of the act, while the House reauthorization bill kept most of the act's original language. The two bills were then reconciled in a conference committee that was criticized by Senators from both the Republican and Democratic parties for ignoring civil liberty concerns. The bill, which removed most of the changes from the Senate version, passed Congress on March 2, 2006, and was signed into law by President George W. Bush on March 9 and 10, 2006.

Federalism permits diversity Federalism can hide economic and social inequalities

Federalism is pluralist—it allows for different political actors with different political views—much like American society as a whole

Federalism frustrates the national will, making solutions to problems harder to devise and/or implement

Federalism increases the protection of individual and minority rights

Federalism is a constant source of conflict between states and government

States can function as ‘policy labs’, e.g. the introduction of pollution permits in California

Federalism is highly bureaucratic, therefore creating a costly system that is resistant to change

Federalism is well-suited to a geographically large and ethnically diverse nation

Expressed powers delegated to the federal government

Powers reserved by the state governments

Concurrent (shared) powers