Lecture Notes on Federalism and the US Constitution

Overview

• Discussion on federalism in the US and debates about the Constitution.
• Intro to federalism: division of power between national and state governments.
• Overview of federalism's development over time, key case studies, and contemporary debates.

Key Topics Covered

• Federalism: Power division between federal and state governments.
• Limited Government: Principle where government involves only in essential duties, respecting individual rights.
• US Constitution and Federalism: Extent of federalism today and debates around the Constitution.

Federalism Basics

• Definition: System where power is divided between national and state governments.
• State Protection: State powers protected from federal encroachment by the Constitution.
• Tenth Amendment: Reserves powers not delegated to the federal government to the states.
• Supreme Court Role: Interprets and arbitrates federal-state disputes.
• Shared Powers: Includes law and order, taxing, banking, and public welfare.
• State Powers: Schools, local governments, business regulation, marriage laws, public safety, elections.

Development of Federalism

• Early Federalism (1787-1920s): Dual federalism with clear division of state and federal domains.
• Cooperative Federalism (1930s-1960s): Federal government expands into state domains; New Deal and Great Society.
• New Federalism (1970s-1990s): Power back to states through block grants; reduced federal mandates.
• Zigzag Federalism (1990s-Present): Fluctuation of power between federal and state influenced by partisanship and events.

Modern Federalism Under Recent Presidents

• Bush: Expansion of federal government post-9/11 and financial crisis.
• Obama: Increased federal role in healthcare and education; significant federal-state interaction.
• Trump: Mixed approach; variances in environmental policies and COVID-19 response.
• Biden: Federal-state cooperation on policies like the Inflation Reduction Act.

Federalism in Practice

• COVID-19: Varied state responses highlight federalism's impact.
• Cannabis Legalization: States exercise power contrary to federal law.
• Sanctuary Cities: State policies opposing federal immigration laws.
• Affordable Care Act: Federalism tensions in healthcare policy and Supreme Court decisions.

Consequences of Federalism

• Policy Variation: Differences in state laws on education, marriage, drugs, and more.
• Cultural and Ideological Divides: Regional political and demographic differences.
• Policy Laboratories: States as testing grounds for federal policies.
• State-Federal Tensions: Legal challenges and decentralization issues.
• Decentralized Elections and Parties: Variability across state political systems.

Party Perspectives on Federalism

• Democrats: Generally support federal power for societal issues.
• Republicans: Historically support state power and reduced federal intervention.

Debates on Federalism and the Constitution

• US as Federal Today: Arguments for and against current federalism.
• Democratic Nature of the Constitution: Strengths and weaknesses, including amendment process and rights protection.
• Impact on Politics Today: Supreme Court's influence, federalism's role, electoral college implications.

These notes serve as an overview of federalism and its evolution in the US, highlighting the interaction between state and federal governments and the ongoing debates within the framework of the US Constitution.