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					Lecture 4: Federalism
       Concept of Federalism
• Federal vs Unitary
                        Concurrent powers
        Fed
                State
                  Division of powers
• What areas are exclusively federal
  responsibilities?
• coin money, wage war, regulate immigration and citizenship
• What areas are exclusively or mostly state
  responsibilities?
• establish local governments, ratify constitutional amendments, education
• What areas are concurrent?
• Tax, borrow money, set up courts
   Advantages of a decentralized
         federal system?
• Better reflects local or regional differences
• example: minimum wage

• allows for experimentation
• example: Oregon’s assisted suicide?
     Disadvantages of federalism
• can inhibit trade and mobility
• example: state tuition

• can promote a race to the bottom
• example: lower state taxes, lax environmental laws
     Gibbons v Ogden (1824)
• Facts of the case
• Result: Ct. interpreted “interstate
  commerce” broadly, giving greater power to
  Congress and the federal government.
                             Civil War




• Are states sovereign--with the right to join
  and leave the union as they please?
• Article I, section 10--”no confederacies”
• “We the People”, not “we the states”

• Outcome of the War:
   No!
         Post Civil War Era



• Growth of big business and national
  economy

    necessary action by fed govt:
    starting with regulating railroads, and monopolies
 Great Depression and New Deal
           (1929-41)
• Works Project Administration
• Social Security
• and much more--eventually with USSC
  approval
• Wickard v Filburn (1942)
• digression--Raich v Gonzalez (2005)
Civil Rights and Integration
         (1954-74)
                • Federal laws and
                  federal troops
                  integrating
                  schools and
                  public
                  accommodations
                • Heart of Atlanta Motel v
                  United States (1964)
Great Society (1963-69)
           • War On Poverty
           • Medicare
           • Medicaid
       Reagan “revolution” and
             devolution
• Less “strings” on reduced federal funding
  for state programs--from categorical to
  block grants
- Example of “Welfare” reform in 1990s
• Conservative Supreme Ct reducing federal
  controls over states
- Examples:
- US v Lopez (1995)
- US v Morrison (2000)
- but more mixed in Raich v Gonzalez (2005)

				
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posted:4/6/2013
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