The constitutional division of The constitutional division of powers between the national powers between the national

government and state government and state governmentsgovernments

Other systems include:Other systems include:Confederations—constituent Confederations—constituent states get together for certain states get together for certain common purposes, but retain common purposes, but retain ultimate individual authority ultimate individual authority (European Union(European Union)—and )—and

Unitary—the central government Unitary—the central government has all the power (has all the power (United United Kingdom, Japan, ChinaKingdom, Japan, China))

Created by the Created by the Founders Founders because:because:

Barrier against possible Barrier against possible tyranny of tyranny of the national government the national government It was a major concern of It was a major concern of small small statesstatesA type of separation of powers A type of separation of powers

Virtual representationVirtual representationMembers of ParliamentMembers of Parliamentdid not represent did not represent individuals or individuals or particular geographic areas; particular geographic areas; instead they represented the instead they represented the entire nation entire nation Actual representationActual representation:: every communityevery community entitled to its ownentitled to its own representativerepresentative

So, what happens if there is So, what happens if there is a conflict between a federal a conflict between a federal

law and a state law?law and a state law?

As Chief Justice of the U. S. As Chief Justice of the U. S. Supreme Court, I’ll answer that Supreme Court, I’ll answer that oneone. According to Article VI of . According to Article VI of the Constitution—the national the Constitution—the national

supremacy article—national laws supremacy article—national laws take precedence over state laws take precedence over state laws

if there is a conflict.if there is a conflict.

The FederalThe Federal government & government & state governmentsstate governments each enact their each enact their own laws. . But…But…

Challenging the Supremacy Clause Challenging the Supremacy Clause Three nullification crisesThree nullification crises Alien and Sedition Acts Alien and Sedition Acts Tariff of AbominationsTariff of Abominations Fugitive Slave ActFugitive Slave ActModern Day: local legalization of Modern Day: local legalization of marijuana—marijuana—Proposition 19

Hey man, that’s like Hey man, that’s like laws legalizing laws legalizing

marijuana in some marijuana in some states can be outlawed states can be outlawed

by the feds.by the feds.

OK, then, Mr. Chief Justice, OK, then, Mr. Chief Justice, I understand that.I understand that. Tell me Tell me how the Tenth how the Tenth Amendment factors into Amendment factors into Federalism.Federalism.

The Tenth Amendment states The Tenth Amendment states that powers not given to the that powers not given to the federal government and not federal government and not prohibited to the states are prohibited to the states are reservedreserved for the states and for the states and the people—that’s called the the people—that’s called the reservation clause.reservation clause.

It sure did, Colbert. In It sure did, Colbert. In 1819,1819, the Supreme Court the Supreme Court

ruled in ruled in McCulloch v. McCulloch v. MarylandMaryland that states that states

could not tax any part of could not tax any part of the federal government, the federal government, becausebecause if they did, if they did, that that

would make a state would make a state superior to the federal superior to the federal governmentgovernment. That’s . That’s

unconstitutional.unconstitutional.

OK, but now I want to ask a OK, but now I want to ask a REAL judge something. Judge REAL judge something. Judge

Judy, didn’t Judy, didn’t McCulloch v. McCulloch v. Maryland Maryland (1819)(1819) also enhance also enhance

the power of the Federal the power of the Federal government? government?

Good point, Judge Judy.Good point, Judge Judy. So So can you also explain can you also explain concurrent powers and the concurrent powers and the concept of horizontal concept of horizontal federalism?federalism?

Not a problemNot a problem. Concurrent powers . Concurrent powers are those shared by both the are those shared by both the federal government and state federal government and state governments. They are things like governments. They are things like the power to tax, establish courts the power to tax, establish courts (both the U. S. and CA have (both the U. S. and CA have supreme courts, for example), supreme courts, for example), make their own laws, and spend make their own laws, and spend money.money.

Now, horizontal federalism Now, horizontal federalism is a term that refers to is a term that refers to relationships among the relationships among the states. A key part of that states. A key part of that term is the “full faith and term is the “full faith and credit” clause of Article IV credit” clause of Article IV of the Constitution, where of the Constitution, where each state is required to each state is required to give “full faith and credit” give “full faith and credit” to the public acts, records to the public acts, records and judicial proceedings of and judicial proceedings of every other state. every other state.

So, Judge Judy, does that So, Judge Judy, does that mean that ourmean that our marriage marriage in one state must be in one state must be honored in all the other honored in all the other states?states?

That’s kind of a double edged That’s kind of a double edged sword question, Rosiesword question, Rosie. . On On balance, the short answer isbalance, the short answer is yes. yes. However Congress passed the However Congress passed the Defense of Marriage Act, which Defense of Marriage Act, which denied Medicaid and Medicare denied Medicaid and Medicare benefits to same-sex spouses and benefits to same-sex spouses and authorized states to bar authorized states to bar recognition of same-sex marriages recognition of same-sex marriages from other states. from other states.

Wow!, Judge Judy, you know a lot Wow!, Judge Judy, you know a lot about this stuff. Isn’t it true that about this stuff. Isn’t it true that originally the states had a lot of originally the states had a lot of power, but in the 20power, but in the 20thth and 21 and 21stst centuries the federal government centuries the federal government has taken on more power?has taken on more power?

Right again, ColbertRight again, Colbert. The . The concept of dual federalism goes concept of dual federalism goes back to the early U. S. back to the early U. S. government in arguments government in arguments between Hamilton and Jefferson. between Hamilton and Jefferson. But, yes, since the New Deal, But, yes, since the New Deal, the federal government has the federal government has taken over many powers taken over many powers originally held by the states.originally held by the states.

Nationalist: the Constitution was formed Nationalist: the Constitution was formed by a compact among the people to by a compact among the people to create a single, national community. create a single, national community. Hamilton and John AdamsHamilton and John Adams

States’ Rights proponents argue that States’ Rights proponents argue that the Constitution was created as a the Constitution was created as a compact among the states and that the compact among the states and that the Framers meant for the states to be Framers meant for the states to be coequal with the national government. coequal with the national government. Jefferson and MadisonJefferson and Madison

So Judge Judy, haven’t some So Judge Judy, haven’t some political scientists used a political scientists used a cake cake analogy to describe dual analogy to describe dual federalism?federalism?

You’re a fast learner, You’re a fast learner, Colbert. Colbert. Yes: the marble Yes: the marble cake analogy and the cake analogy and the layer cake analogy. layer cake analogy. Which do you think is Which do you think is most representative of most representative of dual federalism today?dual federalism today?

Marble Cake: a pragmaticMarble Cake: a pragmaticmixing of authority and mixing of authority and programs among national,programs among national,state & local governmentsstate & local governments

Layer Cake: a clear Layer Cake: a clear delineation of authority delineation of authority and programs among and programs among levels of governmentlevels of government

Simoncini to class: our Simoncini to class: our textbook does a great job textbook does a great job discussing how the concepts discussing how the concepts of federalism and dual of federalism and dual federalism have evolved federalism have evolved throughout the history of the throughout the history of the United States. Form into United States. Form into groups of 2-3 and list a David groups of 2-3 and list a David Letterman Letterman top ten highlights top ten highlights in the evolution of American in the evolution of American federalism—pp. 67-73federalism—pp. 67-73..

Yes, sir, Colonel, sir!!! Yes, sir, Colonel, sir!!! But I need someone to But I need someone to answer one more answer one more question for me. question for me. What What is the concept of is the concept of devolution?devolution?

That’s OK, ColbertThat’s OK, Colbert. Since . Since the time of President Ronald the time of President Ronald Reagan, some in the federal Reagan, some in the federal government have advocated government have advocated delegating power from the delegating power from the federal government to the federal government to the states.states.

Speaker Newt Gingrich of Georgia Speaker Newt Gingrich of Georgia

Judge Judy, I’d like Judge Judy, I’d like to add to your to add to your

comments. Some of comments. Some of us in government us in government

have objected to the have objected to the federal government federal government taking over powers taking over powers originally held by originally held by

the states. In fact, in the states. In fact, in 19941994, I was so upset , I was so upset

with the fact that with the fact that the national the national

(federal) (federal) government had government had

taken over so many taken over so many of the states’ of the states’

powerspowers, that my , that my fellow fellow RepublicansRepublicans

and I made a and I made a “Contract with America” to return power to to return power to

the states. the states.

The The American American people agreedpeople agreed and voted in the and voted in the first Republican first Republican Congress in 50 Congress in 50 yearsyears

That’s true, That’s true, Speaker Speaker GingrichGingrich. Originally, we . Originally, we Republicans took the lead Republicans took the lead in devolution. But my in devolution. But my administration tended to administration tended to give more power back to give more power back to the federal government, the federal government, particularly with one of my particularly with one of my pet laws, the No Child Left pet laws, the No Child Left Behind Act. Behind Act. Heck! States Heck! States just weren’t doin’ the job!just weren’t doin’ the job!

Yep! And as your book notesYep! And as your book notes, I, as a , I, as a Democrat—the party heretofore Democrat—the party heretofore known for taking more power for the known for taking more power for the federal government—was a big federal government—was a big proponent of devolution. proponent of devolution. Funny how Funny how things like that work in politics.things like that work in politics.

And, similar to And, similar to President Bush, I President Bush, I have tended to have tended to

swing toward more swing toward more power to the power to the

national national government. government. What What examples does your examples does your

text give?text give?

Judge Judy, you and your Judge Judy, you and your friends have done a great job friends have done a great job educating me on the basics of educating me on the basics of federalism. But I know it’s federalism. But I know it’s time for you to retire to your time for you to retire to your chambers. So now, I’m going chambers. So now, I’m going to ask some to ask some old friends old friends to help to help me with the concept of fiscal me with the concept of fiscal federalism. federalism.

No problem, Colbert. You No problem, Colbert. You were a pretty good were a pretty good student. Who are your student. Who are your friends?friends?

Fiscal federalism: that aspect of federalism Fiscal federalism: that aspect of federalism having to do with federal grants to states.having to do with federal grants to states.

The Supreme Court The Supreme Court has ruled that the has ruled that the

Constitution’s Constitution’s Supremacy Clause Supremacy Clause does not allow the does not allow the

states to reject states to reject constitutional federal constitutional federal lawslaws. Over the past . Over the past several years, that several years, that

fact has fact has often led to often led to bad feelingsbad feelings on the on the

part of many states. part of many states.

That’s right, Monica. That’s right, Monica. And in the And in the 2020thth century century the federal governmentthe federal government

has increasingly has increasingly become become involved in involved in

areas previously areas previously handled by state and handled by state and local governmentslocal governments. .

That’s true, Ross, but That’s true, Ross, but through through revenue sharingrevenue sharing the the fedsfeds at least at least

give the states money to do give the states money to do certain thingscertain things andand the federal the federal

government government gives the states a lot gives the states a lot of freedom in how they spendof freedom in how they spend the the

money.money.

But isn’t it true that the But isn’t it true that the federal government can federal government can take away moneytake away money if the if the

states don’t follow certain states don’t follow certain rulesrules??

That’s right, Rachel. In That’s right, Rachel. In 19731973, , President NixonPresident Nixon ordered the ordered the

national speed limitnational speed limit changed to changed to 5555 miles per hour, to conserve miles per hour, to conserve

energy. The state of energy. The state of Montana Montana refused to enforcerefused to enforce the law. The the law. The federal governmentfederal government then told then told

Montana that if they continued not Montana that if they continued not enforcing 55 mph that they enforcing 55 mph that they would would

take back all federal highway take back all federal highway fundsfunds given to that state. given to that state.

Hey Simoncini! I think this Hey Simoncini! I think this might be a great time for might be a great time for

another group project.another group project.

Yeah, Yeah, Simoncini. Simoncini.

That’s a super That’s a super idea A. J. has.idea A. J. has.

Football Simoncini Football Simoncini here in 1964. Go here in 1964. Go ahead,ahead, break into break into

groups of 2-3 and list groups of 2-3 and list and give examples for and give examples for each of the types of each of the types of

grants shown.grants shown.

Uh, like, OK. One Uh, like, OK. One time I heard time I heard

about about grants-in-grants-in-aidaid. What are . What are

they?they?

Good question, Phoebs. Good question, Phoebs. Grants-in-aidGrants-in-aid are money that the federal gives to pay are money that the federal gives to pay for state and local activities specifically for state and local activities specifically authorized by the federal government.authorized by the federal government. For example, the For example, the Morrill Act of 1862Morrill Act of 1862 let let states sell federal land in their states states sell federal land in their states

but they had to use the money to build but they had to use the money to build colleges.colleges.

Cool! But in one of my scenes Cool! But in one of my scenes on on Days of Our LivesDays of Our Lives, as Dr. , as Dr.

Drake Remore, I had a line in Drake Remore, I had a line in which I talked about which I talked about

categorical grantscategorical grants. What are . What are they?they?

That makes sense, Joey. You see That makes sense, Joey. You see categorical grantscategorical grants are money are money

grants the federal government grants the federal government makes to states clearly makes to states clearly

specifying what the money can specifying what the money can be used forbe used for, like building , like building

hospitals for public use. With hospitals for public use. With those grants, those grants, Congress may also Congress may also require the states to contribute require the states to contribute some of their own fundssome of their own funds as well. as well.

OK. So I feel like a OK. So I feel like a blockhead for asking, but blockhead for asking, but

what then is a what then is a block grantblock grant??

Well, let’s see. Oh, yeah. Well, let’s see. Oh, yeah. A A block grant is a form of a block grant is a form of a

grant-in-aidgrant-in-aid where a state or where a state or city can use the funds for a city can use the funds for a

broadly defined areabroadly defined area such as such as welfare, education, public welfare, education, public transportation systems, or transportation systems, or

anti-crime programs.anti-crime programs.

Hmmmm. I guess I Hmmmm. I guess I understand grants. So understand grants. So what, then, is a what, then, is a federal federal

mandatemandate??

Joey, Joey, federal mandates federal mandates are formal orders from the are formal orders from the national government that national government that the states must carry out the states must carry out

certain policies. certain policies. The The issues that mandates are issues that mandates are for affect people in all or for affect people in all or

most of the states.most of the states.

I still don’t get it. Can you I still don’t get it. Can you give me an example, give me an example,

Monica?Monica?

Sure, Joey, and don’t feel Sure, Joey, and don’t feel bad. Actually, it gets bad. Actually, it gets

more complicated. more complicated. There There are really three different are really three different

forms of federal mandate.forms of federal mandate.

The The 3 types of federal 3 types of federal mandatesmandates that Monica that Monica

referred to are:referred to are:1. A law directing state or 1. A law directing state or local governments to take local governments to take action on a particular issueaction on a particular issue——like the 1986 federal law like the 1986 federal law requiring schools to take requiring schools to take certain steps to protect certain steps to protect

children from exposure to children from exposure to asbestos.asbestos.

Right on, Chandler! Ok, Right on, Chandler! Ok, 2. Some 2. Some federal mandatesfederal mandates

give states the choice give states the choice between undertaking a between undertaking a

federally-directed activity federally-directed activity themselves or having the themselves or having the federal government do itfederal government do it. . Like in 1970, in the Clean Like in 1970, in the Clean

Air Act, the federal Air Act, the federal government said the states government said the states

could enforce the law or could enforce the law or the federal government the federal government

would enforce it if a state would enforce it if a state would not.would not.

Great Phoebes. Great Phoebes. Third, Third, federal mandates could federal mandates could

come in the form of strings come in the form of strings attached to federal aidattached to federal aid—or —or

to receive federal money for to receive federal money for a given program, a given program, a state or a state or

local government must local government must follow certain requirements.follow certain requirements.

In 1986, the federal In 1986, the federal government said it would government said it would

take away federal highway take away federal highway construction money to any construction money to any state whose minimum age state whose minimum age

to drink alcoholic beverages to drink alcoholic beverages was 20 or less.was 20 or less.

I’m so proud of my big I’m so proud of my big brother. But, Ross, have brother. But, Ross, have

there been there been complaints about complaints about federal mandatesfederal mandates??

I’ll answer that one, I’ll answer that one, Monica. Monica. SomeSome people, like people, like

me, me, thinkthink that that too many too many federal mandates violate federal mandates violate

states’ rightsstates’ rights. We . We particularly object to particularly object to

unfunded mandatesunfunded mandates——where the federal where the federal

government gives a government gives a requirement but provides requirement but provides

to money to pay for it.to money to pay for it.

Hey, Mr. Gingrich. Can Hey, Mr. Gingrich. Can you give us an example you give us an example

of an unfunded of an unfunded mandate that the mandate that the

states objected to?states objected to?

Certainly, Rachael. In Certainly, Rachael. In 1993, the 1993, the national “Motor-Voter” law national “Motor-Voter” law

required states to let people required states to let people registerregister to vote when they to vote when they

registered for a driver’s license.registered for a driver’s license. The states complained that that The states complained that that cost additional money and the cost additional money and the federal government gave them federal government gave them

none.none.

So, in this short So, in this short chapter, we are chapter, we are going to get to going to get to

know something know something about the about the American American

people who people who make up our make up our electorate.electorate.

The Unites States The Unites States today is a very today is a very diverse nation. diverse nation. We are a nation We are a nation of immigrants. of immigrants. Discuss in small Discuss in small groups what you groups what you know about the know about the

history of history of American American

immigrationimmigration..

19541954

Indentured servants (prisoners in Georgia)Indentured servants (prisoners in Georgia)African slavesAfrican slaves1830s: Irish (rise of nativism or xenophobia)1830s: Irish (rise of nativism or xenophobia)1882: Chinese Exclusion Act 1882: Chinese Exclusion Act

(1892 and 1902)(1892 and 1902)1906: Gentlemen’s Agreement with Japan 1906: Gentlemen’s Agreement with Japan

(San Francisco)(San Francisco)1930s: St. Louis Affair 1930s: St. Louis Affair Latinos and Debt Peonage Latinos and Debt Peonage Today—1990s more than any decadeToday—1990s more than any decade (9.1M (L) & 3.5M (I) (9.1M (L) & 3.5M (I)

Chapter 4: U. S. Immigration historyChapter 4: U. S. Immigration history

Figure 4.3: Where Americans Live Figure 4.3: Where Americans Live

43.9% 43.9% 32.9%32.9% 23.2%23.2%

37.0% 37.0% 32.3%32.3% 30.6%30.6%31.4% 31.4% 31.4%31.4% 37.2%37.2%

25.2% 25.2% 30.0%30.0% 44.8%44.8%

22.5% 22.5% 31.3%31.3% 46.2%46.2%

18.1% 18.1% 24.9%24.9% 57.0%57.0%

1950 1950

1960 1960 1970 1970

1980 1980

1990 1990

2000 2000

What is your analysis of this What is your analysis of this chart?chart?

The Sun Belt The Sun Belt

American population moved steadily American population moved steadily southward and westward southward and westward

The U. S. is getting older (12.7 elderly)The U. S. is getting older (12.7 elderly)1967 to 2000: 1967 to 2000: Median household income 30%Median household income 30% GDP 120%GDP 120%Poverty (2006) 37 million or 12.3% of all Poverty (2006) 37 million or 12.3% of all Americans Americans

Racial minoritiesRacial minoritiesSingle-parent, female-headed householdsSingle-parent, female-headed households24% African Americans; 21% Hispanics24% African Americans; 21% Hispanics

2006: Top 20% (quintile): 50% of national 2006: Top 20% (quintile): 50% of national incomeincome

The aging American population and The aging American population and campaigns, voting and legislation campaigns, voting and legislation

Older people vote more and are more Older people vote more and are more politically angry politically angry

Baby Boomers (1946-1964) Baby Boomers (1946-1964) SpoiledSpoiledDemands for spending on social and Demands for spending on social and medical programs aimed at helping medical programs aimed at helping older peopleolder peopleMay have negative affect on education/May have negative affect on education/ higher educationhigher education

When Paul sleeps When Paul sleeps in class he dreamsin class he dreamsof one day havingof one day havinga large income.a large income.How has the How has the income of income of Americans Americans changed over thechanged over thedecades?decades?

Median household income: grown onlyMedian household income: grown only modestly (30% 1967-2008 while GDPmodestly (30% 1967-2008 while GDP grew >300% over same period)grew >300% over same period)2008-2009: median household income fell2008-2009: median household income fell $2,000 $2,000 (not yet returned to 1990s levels)(not yet returned to 1990s levels)African American and Hispanic householdsAfrican American and Hispanic households have lowest incomeshave lowest incomesRecently, white, non-college-educated menRecently, white, non-college-educated men also hit hardalso hit hard

Mustang Mustang seniors, what seniors, what tends to happen tends to happen when household when household income is either income is either stagnant or in stagnant or in decline?decline?

Yeah, but Yeah, but when when household income is household income is rising, Americans tend rising, Americans tend to express satisfaction to express satisfaction with their elected with their elected officials, officials, as they did as they did with me.with me.

Even though Miss Becky Even though Miss Becky and I are rich in so many and I are rich in so many ways, with the 2% pay cut ways, with the 2% pay cut we took, I feel poor we took, I feel poor sometimes. Someone sometimes. Someone please discussplease discuss poverty in poverty in the United States.the United States.

1955: 25% of all Americans fell below the 1955: 25% of all Americans fell below the federal government’s poverty linefederal government’s poverty line1973: down to 11.1%1973: down to 11.1%2009: 14.3%2009: 14.3%

Poverty in the United States (Cont’d)Poverty in the United States (Cont’d)2009: 44 million Americans2009: 44 million AmericansUnlikely to fall due to stagnant job growth Unlikely to fall due to stagnant job growth Likely to grow in the near futureLikely to grow in the near futureU. S. poverty rate substantially higher than U. S. poverty rate substantially higher than in other wealthy democraciesin other wealthy democraciesDistribution of poverty along racial lines andDistribution of poverty along racial lines and particularly high among single parent, female-particularly high among single parent, female- headed households headed households 2009: 26% African Americans; 25% Hispanic2009: 26% African Americans; 25% Hispanic Americans; linked to range of socially Americans; linked to range of socially undesirable outcomesundesirable outcomes

Students, I’m Daniel Students, I’m Daniel Akerson, CEO of General Akerson, CEO of General Motors. Motors. What has been a What has been a long-term social result of long-term social result of the rise of corpora-tions in the rise of corpora-tions in the United States? the United States?

An impressive expansion of the An impressive expansion of the middle class and a general rise middle class and a general rise in the American standard of livingin the American standard of living

Students, I am U. S. Students, I am U. S. Secretary of Commerce, Secretary of Commerce, Gary Locke. Gary Locke. How have How have hyper-competition and hyper-competition and globalization changed globalization changed the American economy?the American economy?

Investors: move money to companies they Investors: move money to companies they believe will have highest rate of returnbelieve will have highest rate of returnCustomers: insist on best possible products Customers: insist on best possible products at lowest pricesat lowest pricesHas led to demise of once powerful companiesHas led to demise of once powerful companies

Hey Dad, what have been Hey Dad, what have been some of the some of the implications implications of America’s expansive of America’s expansive role in world diplomatic, role in world diplomatic, economic, and military economic, and military affairs since World War II?affairs since World War II?

A large and very expensive A large and very expensive military establishmentmilitary establishment

Students, it’s now time Students, it’s now time for a short group project. for a short group project. Form into small groups Form into small groups to discuss to discuss America’s America’s core values of core values of individualism, distrust of individualism, distrust of government, democracy government, democracy and freedom, populism and freedom, populism and religious beliefs. Be and religious beliefs. Be prepared to give prepared to give examples of each. Are examples of each. Are there any others not there any others not listed in the listed in the book? book?