Decentralism (State’s Rights) v.
Centralism (National Supremacy)
IMPORTANT FACTOIDS
Decentralist Approach to Government
• Constitution was a compact created by states – implies
strong state authority
• Constitution carefully
carefully limits national authority to delegated
powers
• Tenth Amendment gives broad powers to states
• Implies strict constructionist approach to Const.
• When in doubt as to
to source of authority, resolve matter in
states’ favor
• National government
government is too big and impersonal
• State governments are closer to the people
Centralist Approach to Government
• Constitution created by people (“We the People”), not states
• Elastic, commerce, and tax & spending powers give great
power to national gov
• Powers go to states only if surrendered by national
government
• Implies loose constructionist approach to Constitution
• When in doubt, resolve matters in national favor
• Size of federal bureaucracy has remained relatively constant
for last 40 years
• National gov is key protector of individual
individual rights (close(close-totopeople state govs violate rights)
TRIUMPH OF NATIONALIST APPROACH
McCulloch v. Maryland (1819)
• MD attempted to tax a branch of Bank of U.S. and argued
that the Bank was unconstitutional
• SCOTUS
SCOTUS ruled that flexible interpretation
interpretation of Constitution was
necessary to allow it to endure, bank was “necessary &
proper” (Article 1, Section 8, Clause 18) for Congress to use
expressed powers – established doctrine of IMPLIED POWERS
• “Power to tax involves power to destroy” –since states clearly
clearly
not free to destroy national government, could not tax
national bank
• Establishment of national supremacy
Questions/Examples/
Cue Words/Doodles
RECENT DEVELOPMENTS
• Evolution toward greater federal control throughout most of
20th century
• EXCEPT: Nixon’s “New Federalism” returned some power to
states (also favored by Reagan, both Bushes, GOP in
general)
• And GOP Congressional victory in 1994:
• Contract With America: devolution of power back to states
CONTRACT WITH AMERICA DEVOLUTION
• Unfunded Mandates Reform Act of 1995 – restricted
future
future unfunded mandates
• Use of block grants to replace categorical grants
• 1996 welfare reform bill (PRWORA) ended welfare as a
federal entitlement
• Repeal of national 55 mph speed limit
DEVOLUTION, SUPREME COURT STYLE
• U.S. v. Lopez (1995): struck down Gun Free
Free School Zones
Act – gun control cannot be linked to commerce clause
• U.S. v. Morrison (2000): struck down part of Violence
Against Women Act (VAWA) – rape victims cannot sue
attackers in federal court – states, not fed, responsible
for helping women victimized
victimized by violence; cannot be linked
to commerce clause
• 1993: Religious Freedom Restoration Act struck down –
gave states greater authority to regulate religion (act
had restricted that power)
• 1997: Brady Act struck down (had required states to
conduct background
background checks on all gun purchasers, denied
certain individuals right to gun ownership, mandated
minimum waiting (“cooling off”) period for gun purchases