Dual Federalism (Layer Cake) Lecture

1789-1932 Dual federalism (layer cake) Barron v. Baltimore (1833) Taking of property w/o just compilation, do the bill of rights apply to the sates or only limit national gov? Decided limits only nat. gov. Expanding not power o McCollum v Maryland (1819) The bank Legal Taxable (tax bank out of existence) o Nothing in constitution that says congress can create bank, can state tax bank? o SC decided bank is legal. - proper clause, congress has barrow to tax etc. o Maryland cannot tax the bank, Supremacy Clause. Gibbons Ogden (1824) - New York could grant a monopoly to Robert Fulton's steamboat company to operate an exclusive service between New York and New Jersey. Important bc it established the supremacy of the national gov in all matters affecting what later came to be called "interstate commerce" Interstate Commerce Concurrent or delegated o SC says not concurrent. States rights Alien & Sedition Act (1798)- A series of laws, passed during the presidency of John Adams at the end of the eighteenth century, that sought to restrict the public activities of political radicals who sympathized with the French Revolution and criticized Adams's Federalist policies. 1832 the Nullification Convention met. The convention declared that the tariffs of 1828 and 1832 were unconstitutional and unenforceable within the state of South Carolina after February 1, 1833. They said that attempts to use force to collect the taxes would lead to the state's secession. States & Nat. Gov both created by constitution not by one another 1857. Dred Scott v. Sanford- slave in state of Missouri, owner took to the north law suit filed a. Top 10 worst decision SC made. Chief justice Robert Taney argued that slavery was a right. Dred Scott was property and it couldn’t be excluded from any state. Therefore Missouri compromise unconstitutional. Congress couldn't restrict slavery Mission Compromise- line across usa, line above free, below slave 1861-1876 Civil War & reconstruction Post- reconstruction - get to return to normalcy, states begin to dominate political process Solid south- republicans not getting elected in the south Hammer v Degenhart (1918)- United States Supreme Court decision involving the power of Congress to enact child labor laws. 1877-1952 Normalcy But industrialization Urbanization Corruption Progressivism- reformist movement, argued it was fed problem not state problems 1933-1964 New federalist period: Cooperative federalism o (marble cake)/ layers aren't distinct. o States and national gov working together to solve problems. Grants-in-aid: programs through which congress provides money to state and local governments on the condition that the funds be employed for purposes defined by the federal government Categorical grants: congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specific by law. Educational/health FormulaSocial security-1933- unemployment compensation, o (origins of AFDC) Aid to families with dependent children Wickard v. Filburn (1935)- United States Supreme Court decision that dramatically increased the regulatory power of the federal government. It was a test case that was heard shortly after the United States had entered World War II Restricted meaning of interstate commerce./ movement of good from one state to another. New deal tried to protect farmers. o Supply & demand, put quotas on farmers Filburn a farmer, overproduced quota, wasn’t selling the corn he was using excess corn for himself, all consumed on own farm. Not breaking the law Question court had: can congress regulate economic activity. SC in 1982 said absolutely. Post WWII & Containment Military there to protect rights & liberties, but not run as democratic and republic. Doesn’t promote individual liberty Made impossible to keep military small, War over & soviet union getting territory that it can defend itself w. begin to communize other countries in Europe. Only nation that could step in was USA. Adopted doctrine of containment. Stop spread of communism. That meant a large military. Threat of communism takes us into the cold war. National SocietyCivil Rights Brown v. Board of Edu.-Amendment 14, equal protection clause. No segregated schools. Civil liberties Mapp v. Ohio o Search & seizure Not applies to the states. Miranda v. Arizona o Self incrimination THE POINT: THE NATIONAL GOVERNMENT (SPEAKING VIA THE SUPREME COURT) WAS TELLING THE STATES WHAT THEY COULD NO LONGER DO AND MUST NOW BEGIN DOING 1965-1950 Regulated federalism Johnsono Great society- poverty will be eliminated o Creative Federalism- (Alabama syndrome) o New philosophy- national gov will define the problem, states will carry out solution Project grants pre-emption- nation gov takes over something that belonged to the states unfunded mandates- federal gov will tell the states this has to be done but you have to pay for it. Nixon- begins to move in a different direction Permissive sharing Block grants- states given blocks of money, can spend that money as they wish. Categories are collapsed into one block. Give states greater le way and reduce restrictions. He was playing politics. The southern strategy- wanted them to vote republican 1980-2000 Devolution- goes from a higher level to a lower level. Regan-new federalism "nat. gov. isn't the solution, it’s the problem" gives states controls Pol. Opposition- states don’t want to pay for the programs but liked freedom to spend as they please. Budget cuts- the act of reducing budgeted expenditures. cut - the act of reducing the amount or number; "the mayor proposed extensive cuts in the city budget" State lotteries Clinton & GOP Congress (Bill Clinton plus republican congress) Reform: elimination of AFDC (Aid to families with dependent children) replaced by TANF o Weren't helping families w dependent children we were making people who depend on nat. gov. *need to get people off of these programs* Block grants- large sum of money granted by the national government to a regional government with only general provisions as to the way it is to be spent, in contrast to a categorical grant, which has stricter and specific provisions on the way it is to be spent. States set qualifications- States determine who can and cant qualify 2001-present Ad hoc federalism: no clear direction/pattern, whether you're staying centered or nation centered depends on political needs at the time. No theory. Bush: Extend devolution, let non profit bid for federal profits Faith-based initiative- wanted churches to bid for federal contracts too 9/11 o War o Patriot act- intended to give security by allowing investigation into behavior of suspected terrorist problem: violates peoples rights Physical asserted suicide: declared unconstitutional Marijuana: medical marijuana allowed in certain states Obama: Recession- state aid- states need to follow certain rules Obamacare ( expanding national power)- congress used commerce clause. o Individual mandate Marijuana remains band substance, violation to federal law The court 1. Process federalism- supreme court siding w expanding federal power (1985) a. Senate- if senate gives approval it is legal we will not challenge it. 2. US. V Lopez (1995) a. Regulate position of hand gun within 1000 ft of school zones b. Saying cant use commerce clause, first time congress was restrained 2. Seminole Indian a. Tribal v Fl. i. They could sue flordia in court, 11th amendment citizens in semi sovern nation cant sue wo improval of state 2. Fed. Of Ind. a. Businesses v. Sebelius (2012):