Today: Federalism
• How are govt. responsibilities distributed
across different levels of government?
• How has federalism evolved over time and
why?
• Which is better: Centralization or
decentralization?
I-502 Throwdown
(Debate about proper role of governments)
1. I-502 is (not) valid. Vote
2. Fed Govt will (not) intervene and pre-empt
Vote
Federalism
– What is it?
– Where is it in the U.S. Constitution?
– Where’s the boundary?
– How has this boundary evolved over time and why?
– Does the national government to influence state and
local policy in other ways?
– What if there’s a dispute over sovereignty?
Why these trends?
Federalism as Redistribution
Federalism as Redistribution
Evolution of ICC:
What is “Nec. and Proper?”
• Gibbons v Ogden 1824
– Interstate commerce activity
• Wickard v Filburn 1942
– Activity w/ economic impact on IC
• US v Lopez 1995; US v Morrison
– Activity has no direct economic impact
• NFIB vs. Sebelius 2012
– Regulate non-activity? (no ruling)
Recent examples of federalism
disputes involving WA?
Recent examples of federalism
disputes involving WA?
• What about limits on state government
actions?
– Federal supremacy
– State Constitution
– “Rational basis” (Anderson v. King County)
– Dillon’s Rule
– Elections
• What about limits on state government
actions?
– Federal supremacy
– State Constitution
– “Rational basis” (Anderson v. King County)
– Dillon’s Rule
– Elections
• What about limits on state government
actions?
– Federal supremacy
– State Constitution
– “Rational basis” (Anderson v. King County)
– Dillon’s Rule
– Elections
• What about limits on state government
actions?
– Federal supremacy
– State Constitution
– “Rational basis” (Anderson v. King County)
– Dillon’s Rule
– Elections!
Example: Education
• Nothing in U.S. Constitution about
education
• Federal government involvement
– 14th Amendment (equal protection)
– Financial incentives with strings
(NDEA, ESEA)
• State government involvement
– Dillon’s Rule (Texas v. Washington)
Example: Birth Control
• Nothing in U.S. Constitution about birth control
• Federal government involvement
– 14th amendment (right to privacy, exceptions)
– Financial subsidies and restrictions (e.g. Hyde
amendment)
– Laws and Regulations (PBBA)
• State government involvement
– Restrictions on access
– Prohibitions (Ark - constitutional?)
Who’s Right?
• Why states’ rights?
– Good example?
– Bad example?
• Why federal power?
– Good example?
– Bad example?
• What values should be central in resolving
disputes?
– Whether you agree with the specific policy or not?
– Broader considerations?
Broader considerations
• Why nationalize?
• Why not nationalize?
• Eisenhower?
I-502 Throwdown
• Current Law
– I-502
– Controlled substances Act
• Court rulings
– Gonzales v. Raich (2005)
• Class Activities:
1. What should happen?
2. What will happen?
I-502
• “This measure removes state-law prohibitions
against producing, processing, and selling marijuana,
subject to licensing and regulation by the liquor
control board; allow limited possession of marijuana
by persons aged twenty-one and over….”
Medical Marijuana Laws
Controlled Substances Act of 1969
• Schedule I substances are those that have the following
findings:
– The drug or other substance has a high potential for
abuse.
– The drug or other substance has no currently
accepted medical use in treatment in the United
States.
– There is a lack of accepted safety for use of the drug
or other substance under medical supervision.
Gonzales v. Reich 2005
• 6-3
• “We have no difficulty concluding that Congress had a rational
basis for believing that failure to regulate the intrastate
manufacture and possession of marijuana would leave a
gaping hole in the Controlled Substances Act”
• Dissents
– O’Connor and Rehnquist – Let states experiment
– Thomas – Not about IC
I-502 Throwdown
(Debate about proper role of governments)
1. I-502 is (not) valid. Vote
2. Fed Govt will (not) intervene and pre-empt
Vote
Left
Right
• Is unconstitutional
because….
• Is Constitutional
because….
• Federal government will
intervene because…….
• Federal government will
not intervene because
Form small groups (3-4)
• Write down Names
• Write down arguments
• Write down counterarguments
• If time (counterarguments to counterarguments!)