The American Federal System
A dual System of Government with two Basic levels, each with it's own sphere of Authority, operating over the same people, same territory, at the same time.
Federalism Lessons the Rise of Monopoly
Keeps Power from Abuse by Majority
National Leaders can Check the States
Cumbersome for Speedy Action
Size of Nation
Multi-Interest (sectionalism)
Local Interest remain Local
States Proving Ground for National Legislation
18 year old right to vote (GA)
Water Pollution (Love Canal)
Air Pollution (California)
Vertical Federalism
Powers Delegated to the National Government
1. Expressed Powers (Article 1 Section 8)
2. Implied Powers (Article 1, Section 8, Clause 18)
Necessary and Proper Clause
3. Inherent Powers
4. Article VI -- National Supremacy
5. 10th Amendment
6. Concurrent Powers
7. Powers Denied the States
States Can Not
1. Make treaties
2. Coin Money
3. Apply Duties for Exports and Imports
Horizontal Federalism
Relationship Between the States
1. Full Faith and Credit Clause
A. Enforce other State's Judgements
B. Accept Public Records
C. But, NOT Criminal Laws
2. Interstate Privileges
A. Full Protection of the Laws
B. Peaceful Occupation
C. Extradition
D. Access to Courts
BUT -- Not Political Rights (Voting or Jury Duty)
3. Interstate Compacts
National Interpretation of the Constitution
Created Conflict
Nationalist v. State Rights
Examples of -- Disagreements over Federalism
1. Can the National Government Outlaw Slavery in the
Territories?
2. Can States Operate Racially Segregated Schools?
3. Can Congress Regulate Labor Unions?
Who were the States' Righters?
(Wanted a Strict Interpretation of the Constitution)
Thomas Jefferson (Bill of Rights)
John C. Calhoun (Sectionalism)
Supreme Court (1920 - 1937)
Ronald Reagan (New Federalism)
Lester Maddox (Gov. of GA)
Reasons for their Beliefs:
1. 10th Amendment
2. National Government is the Agent of the State
3. Power should be Narrowly Defined
4. State Reflects Values of the People
Who were the Nationalist
John Marshall (2nd Supreme Ct. Chief Justice)
Abraham Lincoln (Pres. during the Civil War)
Theodore Roosevelt (Pres. during Progressive Era)
Supreme Court -- Most of the time
Reasons for their Beliefs:
1. Constitution: Supreme Law of the Land
2. Nat'l. Government Agent of the People NOT the State
3. All of the People vs. Some of the People
Growth of the National Government
1. War Powers Act
Expanded the Military
Changed Education (Sputnik)
Developed Triad
2. Power to Regulate Interstate Commerce
Civil Rights
Public Transportation
Hotels
Strikes
3. Power to Tax and Spend (General Welfare)
Use of Grants and Federal Funds
4. The Supreme Court is Umpire of the Federal System
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