6: Samuel H. Beer, "National idea in American
Politics"
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7: Grodzins, "Federal System"
By Julie Stanton, 2002
- American form of government has three levels
-It is difficult to find any governmental
activity which does not involve all three of the levels of the federal
sytem.
-State and local governments have considerable
responsibilities, directly and indirectly.
-The federal grant programs are most obvious
example of sharing functions.
-Grants utilize the greater wealth-gathering
abilitites of central gov't and establish nationwide standards.
-Even in the absence of joint financing,
federal-state-local collaboration is the characteristic mode of action.
-Any governmental activity is almost certain
to involve the influence, if not the formal administration, of all three
planes of the federal system.
-There were 4 major attempts to reform the
federal system: First from 1947-1949, second from 1953-1955 - The Hoover
Commissions on Executive Organization; the Kestenbaum Commission of Intergovernmental
Relations 1953-1955; and the Joint Federal-State Action Committee 1957-1959.
-None of them has recognized the sharing
of functions as the characteristic way American gov'ts do things.
-All four have, in varying degrees, worked
to separate functions and tax sources.
-The American federal system has never been
a seperated system of gov't activities.
-Essential unity of the ste and federal financial
systems was again recognized in the earliest constitutional days witht
he assumption by the federal gov't of the Revlutionary War debts of states.
-THe 19th century is believed to have been
the preeminent period of duality in the American system.
-Like the early days of the republic, the
19th century was characterized by intergovernmental collaboration.
-American parties provide the pivot on which
the entire governmental system swings.
- The party system compels administrators
to take a political role. It aslo function to devolve power.
-American parties are highly responsive when
directives move from the bottome to the top, highly unresponsive from top
to bottom.
-The sharing function is the sharing of power.
To end this process would mean the destruction of decentralization in the
United States.
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8: Martha Derthick, "Enduring Features
of American Federalism"
by Matthew Glarrow, Fall 2006
- states take care of their citizens when
the federal government fails to do so.
- States have recently improved their position
in the federal system because of:
1. an increase in the states share of government
income &
2. an improvement in their (states) standing
with the public
- 1980’s= new & expanded federal controls
over state governments.
- American Federalism= a large subject which
is hard for one individual to comprehend alone “to understand the condition
of federalism one needs to comprehend the whole polity;” it is cyclical,
subject to constant re-development, and federal and state governments are
constantly alternating dominance over one another.
Mapping the Terrain
- The bedrock of American Federalism has
7 parts:
1. states are governments in their own rights
(created in the image of fed).
2. states are inferior governments
3. Inferior status (of states) gives Congress
a range of options in how they deal with them (deference, displacement,
interdependence)
4. “Vigor & competence…”
5. In cooperating with states, Congress yet
again, has a range of choices as to how they deal with states.
6. Because states are governments, they can
bargain (with Congress).
7. Bargaining between levels is good…
An Appeal to Talk Back
- if states do not engage in the federal
government in policy dialogue… they inevitably contribute to the erosion
of their own status…
- “talking back” is not defiant, but rather
necessary.
- States have a new, authoritative voice
because: 1. individual state are more competent and self-confident; 2.
a decline of federal aid under Reagan and Carter compelled independence
(by the states), 3. self-consciousness and cohesion between the states
has increased.
- This new voice has caused unprecedented
cooperation between states
- Fed Courts, like the legislature, can choose
to emphasize states standing.
* It is not enough for states to help the
federal government in governing, but it is important and necessary that
they perform a modern version of “balancing.”
Martha Derthick, "The Enduring Features
of American Federalism"
Amy West, 2002
-under the constitution the states are governments
in their own rights, as a result state governments are perceived to have
improved their position in the federal system
-certain regulatory excesses of the federal
government, the states have been able to modify in the past several years
-presidents order in 1987 on federalism may
be interpreted as an attempt to draw back
-territorial integrity is protected by the
US constitution which also guarantees them equal representation in the
Senate and a republican form of government
-states are inferior governments, the two
levels of government are not coordinate or equal
-whether federal government has always been
superior is a fact that can be debated
-the states being of government status gives
Congress different ways they can be dealt with, doing nothing or complete
displacement
-vigor and competence with which state governments
perform functions left to them does not protect them against congressional
incursions
-when Congress takes domestic action it is
rationalized as a response to the failures of the states
-normally Congress chooses to cooperate with
the states, it emphasizes their status as governments, or inferiority
-bargaining is a usual mode of intergovernmental
relations, bargaining is considered good between levels of governments
depending on how the states use it
-federal government needs help with all aspects
of governing (legislatures, courts, and executive duties)
-a good government implies two things, fidelity
to the object of government and knowledge of the means by which that object
can be best attained
-all institutions of government have far
more to do than they can do, executive agencies being the most overburdened
-states are entitled to talk back
-it is not defiance, but to engage federal
officials in policy dialogue
-states today are routinely commanded to
implement the detailed policy decisions of national courts as well as the
national legislature
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9: Alexander Hamilton, "Federalist 27
& 28"
Brandy Smith, Fall 2004
Federalist 27
* A constitution cannot operate without the
aid of a military force to execute it's laws.
* There is a general rule that the people's
confidence in and obedience to a government will commonly be proportioned
to the goodness of badness of it's administration.
* There are exceptions, but they are entirely
accidental.
* Members of the national Senate will be
appointed through State Legislators.
* The national Senate will require a greater
knowledge and more extensive information.
* The more the operations of the national
authority are intermingled in the ordinary exercise of government the more
citizens are accustomed to it.
* A government continually at a distance
and out of sight can hardly be expected to interest the sensations of the
people.
Federalist 28
* Should there be a case in which the national
government needs force, the means to be employed must be proportioned to
the extent of the mischief.
* Whether we have one government for all
the States or many entirely separate governments for the States there might
sometimes be a necessity to make use of a force constituted to preserve
the peace of the community and maintain the just authority.
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10: James Madison, "Federalist 39"
Gabe Thorn, 2004
Madison compares the systems of Europe
which call themselves republics, and finds them all to be false.
Delves into the proposed Constitution
States that a republic can only be a republic
if it derives it’s power directly or indirectly from the people
Officials must hold their offices for a limited
term or on the basis or good behavior
Goes into details on the individual states’ governments
Compares national to federal systems; national
being of all the people and federal being a confederation of states
Says that the United States Constitution is national
in that operation
Due to the House and Senate it is partly national
and partly federal in that the House draws from the population and
the Senate is equal for all states.
The foundation of the Constitution is
federal
In the extent of it’s powers it is federal
The amendment system is neither national nor
federal
The courts oversee the boundaries between
national and municipal power
The Constitution is neither a wholly federal
nor a wholly national document
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11: US Supreme Court, McCulloch v Maryland
(1819)
Todd Adams, Fall 2008
Background-
• In 1816, Congress chartered The Second
Bank of the United States.
• In 1818, the state of Maryland passed legislation
to impose taxes on the bank.
• James W. McCulloch, the cashier of the
Baltimore branch of the bank, refused to pay the tax and filed suit in
Maryland court.
• The state court ruled against McCulloch
and the Maryland Court of Appeals affirmed.
• The case was taken by writ of error to
the Supreme Court.
Issues before the Supreme Court-
• Does the Congress have the power to establish
a bank?
• Can the state of Maryland tax the branch
of the Bank of United States without violating the Constitution?
Supreme Court holding-
• Although the Constitution does not specifically
give Congress the power to establish a bank, it does delegate the ability
to tax and spend, and a bank is a proper and suitable instrument to assist
the operations of the government in the collection and disbursement of
the revenue. Because federal laws have supremacy over state laws, Maryland
had no power to interfere with the bank's operation by taxing it.
Rationale of the Court-
• Congress is given great powers in the Constitution-
to levy and collect taxes, to borrow money, to regulate commerce, to declare
and conduct war, and to raise and support armies and navies.
• Congress is given the right to pass "all
laws which shall be necessary and proper for carrying into execution the
foregoing powers." The word necessary does not mean that congress can pass
laws that are absolutely necessary for the implementation of its powers,
but Congress is given the discretion to implement ways that it thinks are
most efficient in carrying out the powers that are granted by the Constitution.
• Since the necessary clause was placed among
the powers of Congress and not its limitations, it can be seen that the
word "necessary" was not included in the Constitution to limit the power
of the Congress. If Congress sees it best to incorporate a bank to carry
out the power that is assigned by the Constitution, it is permitted under
the Constitution to do so.
• Marshall stated that according to the Constitution,
the federal government is supreme to the state governments.
• “The power to tax involves the power to
destroy.” When one state taxes an institution of the federal government,
it is invading the rights of people of the other states on whom it has
no right to exert its power.
McCulloch v. Maryland established the
following principles-
• The Constitution grants to Congress implied
powers for implementing the Constitution's express powers, in order to
create a functional national government.
• State action may not impede valid constitutional
exercises of power by the federal government.
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