Consequences of Federalism

Learning Objectives

• To identify and explain the consequences of federalism- Legal- Political- Economic- Regionalism

Why Federalism?

Western expansion - Needed someone to intervene, manage this growthAmendments – 14th allowed fed govt to end segregation, 16th –impose taxPopulation - 4 million to 300, needed a big government to manageIndustrialisation - Needed regulation, standardisation, Communication - Improvements brought nation closer, needed regulation, standardisationGreat depression - States needed the resources that national government had. New deal central government huge expenditure-increased power of fed governmentForeign policy - WW2 and events in wider world gave federal govt wider roleS/C cases - interpreted the implied powers of the constitution

The State in American Bedrooms“…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 ‘martial 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.”

Robert Singh, American Government & Politics p243

Consequences of Federalism

• Legal• Different laws on many things• Political, states have different electoral laws,

different candidate selection processes, punch cards, touch screen, parties are state based

• Economic , complex tax system• Regionalism, distinct cultures-can block

federal policy.

Consequences of Federalism

State laws are often of greater significance to citizens since they influence their daily lives.Legal ConsequencesPolitical ConsequencesEconomic ConsequencesRegionalism

Legal Consequences

• Laws differ greatly between states, especially on age of marriage, driving regulations, death penalty, drugs, and local taxation. E.g. Oregon has doctor assisted suicide.

Political Consequences

• Each state has different electoral methods.• Different candidate selection, different

mechanisms for polling, e.g punch cards,/touch screen. Montana had 100% postal ballot.

• Contributed to issues of 2000 election.• Parties are state based. Virginia Republicans are

more liberal than South Carolina Republicans, therefore relative lack of party unity in Congress

Economic Consequences

• Complex tax system as both fed and state govts can raise income tax

• Property and sales tax differ between states

Regionalism

• Very distinct cultures in the different regions in the country. E.g. Bible belt very different to New England.

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

Consider the Patriot Act 2001 after 9/11. “A range of powers given to law enforcement agencies for the purposes of fighting terrorism.”

Is this constitutional?

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 reduced restrictions on 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 4 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.

Questions

How did the Patriot Act impact federalism?

@Lrdswd_Politi cs

Do you know of any other examples of either power moving towards the

central federal government, or power moving towards the state

governments?

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

Homework

• EXAM QUESTION• Reading and Note Taking, Chapter 6, p222-229

The Creation of the PresidencyPowers of the President

EXAM QUESTION

‘Federal government increasingly dominates state governments in

the USA.’ Discuss.