Federalism and Separation of Powers. J. Alexander Branham Fall 2016
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1 Federalism and Separation of Powers J. Alexander Branham Fall 2016
2 Introduction
3 Federalism and the separation of powers 1
4 Federalism and the separation of powers Federalism 1
5 Federalism and the separation of powers Federalism Limits government 1
6 Federalism and the separation of powers Federalism Limits government Divides government into two levels 1
7 Federalism and the separation of powers Federalism Limits government Divides government into two levels National and state 1
8 Federalism and the separation of powers Federalism Limits government Divides government into two levels National and state Separation of powers 1
9 Federalism and the separation of powers Federalism Limits government Divides government into two levels National and state Separation of powers Limits government 1
10 Federalism and the separation of powers Federalism Limits government Divides government into two levels National and state Separation of powers Limits government Divides government against itself 1
11 Federalism and the separation of powers Federalism Limits government Divides government into two levels National and state Separation of powers Limits government Divides government against itself Share powers across branches 1
12 Federalism
13 Who does what? Federalism system of government that divides power between a central government and regional governments 2
14 Who does what? Federalism system of government that divides power between a central government and regional governments Sovereignty supreme and independent political authority 2
15 National government Expressed powers given directly in Constitution 3
16 National government Expressed powers given directly in Constitution Implied powers necessary and proper clause 3
17 National government Expressed powers given directly in Constitution Implied powers necessary and proper clause Supremacy clause national laws trump state laws 3
18 State governments Reserved powers tenth amendment reserves powers not specified in the Constitution to the states 4
19 State governments Reserved powers tenth amendment reserves powers not specified in the Constitution to the states Police power power to regulate health, safety, welfare, and morals of citizens 4
20 State governments Reserved powers tenth amendment reserves powers not specified in the Constitution to the states Police power power to regulate health, safety, welfare, and morals of citizens Concurrent powers power possessed by both the state and national government (e.g. taxation) 4
21 Obligations of states to each other Full faith and credit clause 5
22 Obligations of states to each other Full faith and credit clause States must honor other states laws 5
23 Obligations of states to each other Full faith and credit clause States must honor other states laws Privileges and immunities 5
24 Obligations of states to each other Full faith and credit clause States must honor other states laws Privileges and immunities No special treatment of residents 5
25 Obligations of states to each other Full faith and credit clause States must honor other states laws Privileges and immunities No special treatment of residents Extradition 5
26 Evolution of Federalism in the US
27 Dual federalism Up through the 1930s 6
28 Dual federalism Up through the 1930s Fundamental government powers shared by national and state governments 6
29 Dual federalism Up through the 1930s Fundamental government powers shared by national and state governments State governments more important 6
30 Dual federalism Necessary and proper clause interpreted widely in McCulloch v. Maryland 7
31 Dual federalism Necessary and proper clause interpreted widely in McCulloch v. Maryland Interstate commerce clause in Gibbons v. Ogden 7
32 Dual federalism Necessary and proper clause interpreted widely in McCulloch v. Maryland Interstate commerce clause in Gibbons v. Ogden Both granted much power to national government 7
33 Dual federalism Necessary and proper clause interpreted widely in McCulloch v. Maryland Interstate commerce clause in Gibbons v. Ogden Both granted much power to national government Little growth of the national government up through 1930s 7
34 Dual federalism Necessary and proper clause interpreted widely in McCulloch v. Maryland Interstate commerce clause in Gibbons v. Ogden Both granted much power to national government Little growth of the national government up through 1930s Judiciary dominated by states rights interpretations post Marshall 7
35 The New Deal FDR elected in
36 The New Deal FDR elected in 1932 New Deal: greatly expanded scope and power of national government 8
37 The New Deal FDR elected in 1932 New Deal: greatly expanded scope and power of national government FDIC, TVA, SEC, FHA, NLRB, social security, etc 8
38 Cooperative federalism Post 1930s through 1960s 9
39 Cooperative federalism Post 1930s through 1960s Federal government uses subsidies to encourage states to pursue federal goals 9
40 Cooperative federalism Post 1930s through 1960s Federal government uses subsidies to encourage states to pursue federal goals Subsidies called grants-in-aid 9
41 Dual vs cooperative federalism Layer cake - marble cake 10
42 Dual vs cooperative federalism Layer cake - marble cake Federal aid to states makes up roughly 30-35% of states budgets 10
43 Regulated federalism 1960s to present 11
44 Regulated federalism 1960s to present More active federal government 11
45 Regulated federalism 1960s to present More active federal government Threaten to withhold funding if states don t conform to national standards 11
46 Regulated federalism 1960s to present More active federal government Threaten to withhold funding if states don t conform to national standards E.g. American with disabilities act 11
47 Regulated federalism 1960s to present More active federal government Threaten to withhold funding if states don t conform to national standards E.g. American with disabilities act Unfunded mandates 11
48 Regulated federalism 1960s to present More active federal government Threaten to withhold funding if states don t conform to national standards E.g. American with disabilities act Unfunded mandates Conditional grants, block grants 11
49 Separation of Powers
50 Separation of powers There can be no liberty where the legislative and executive powers are united in the same person [or] if the power of judging be not separated from the legislative and executive powers 12
51 Separation of powers There can be no liberty where the legislative and executive powers are united in the same person [or] if the power of judging be not separated from the legislative and executive powers Baron de Montesquieu 12
52 Separation of powers Separate functions of government to preserve liberty 13
53 Separation of powers Separate functions of government to preserve liberty Legislative 13
54 Separation of powers Separate functions of government to preserve liberty Legislative Executive 13
55 Separation of powers Separate functions of government to preserve liberty Legislative Executive Judicial 13
56 Federalist 51 Ambition must be made to counteract ambition 14
57 Checks and balances Violates separation of powers 15
58 Checks and balances Violates separation of powers Each branch may check the two others 15
59 Checks and balances Violates separation of powers Each branch may check the two others National policy represents views of all three branches 15
60 Checks and balances Violates separation of powers Each branch may check the two others National policy represents views of all three branches Separated institutions sharing power 15
61 Legislative checks 16
62 Legislative checks 16
63 Legislative checks Executive 16
64 Legislative checks Executive Override veto 16
65 Legislative checks Executive Override veto Impeach and remove president 16
66 Legislative checks Executive Override veto Impeach and remove president Senate can reject nominees/treaties 16
67 Legislative checks Executive Override veto Impeach and remove president Senate can reject nominees/treaties Conduct investigations 16
68 Legislative checks Executive Override veto Impeach and remove president Senate can reject nominees/treaties Conduct investigations Refuse to pass laws/funding president requests 16
69 Legislative checks Executive Override veto Impeach and remove president Senate can reject nominees/treaties Conduct investigations Refuse to pass laws/funding president requests 16
70 Legislative checks Executive Override veto Impeach and remove president Senate can reject nominees/treaties Conduct investigations Refuse to pass laws/funding president requests Judicial 16
71 Legislative checks Executive Override veto Impeach and remove president Senate can reject nominees/treaties Conduct investigations Refuse to pass laws/funding president requests Judicial Change size of court & # of justices 16
72 Legislative checks Executive Override veto Impeach and remove president Senate can reject nominees/treaties Conduct investigations Refuse to pass laws/funding president requests Judicial Change size of court & # of justices Constitutional amendments 16
73 Legislative checks Executive Override veto Impeach and remove president Senate can reject nominees/treaties Conduct investigations Refuse to pass laws/funding president requests Judicial Change size of court & # of justices Constitutional amendments Reject nominees 16
74 Legislative checks Executive Override veto Impeach and remove president Senate can reject nominees/treaties Conduct investigations Refuse to pass laws/funding president requests Judicial Change size of court & # of justices Constitutional amendments Reject nominees Impeach and remove justices 16
75 Legislative checks Executive Override veto Impeach and remove president Senate can reject nominees/treaties Conduct investigations Refuse to pass laws/funding president requests Judicial Change size of court & # of justices Constitutional amendments Reject nominees Impeach and remove justices Amend court jurisdictions 16
76 Legislative checks Executive Override veto Impeach and remove president Senate can reject nominees/treaties Conduct investigations Refuse to pass laws/funding president requests Judicial Change size of court & # of justices Constitutional amendments Reject nominees Impeach and remove justices Amend court jurisdictions Appropriations 16
77 Executive checks 17
78 Executive checks 17
79 Executive checks Legislative 17
80 Executive checks Legislative Veto 17
81 Executive checks Legislative Veto Special sessions 17
82 Executive checks Legislative Veto Special sessions Carries out laws 17
83 Executive checks Legislative Veto Special sessions Carries out laws Vice president casts tiebreaking vote in Senate 17
84 Executive checks Legislative Veto Special sessions Carries out laws Vice president casts tiebreaking vote in Senate 17
85 Executive checks Legislative Veto Special sessions Carries out laws Vice president casts tiebreaking vote in Senate Judicial 17
86 Executive checks Legislative Veto Special sessions Carries out laws Vice president casts tiebreaking vote in Senate Judicial Nominates justices 17
87 Executive checks Legislative Veto Special sessions Carries out laws Vice president casts tiebreaking vote in Senate Judicial Nominates justices Pardons 17
88 Executive checks Legislative Veto Special sessions Carries out laws Vice president casts tiebreaking vote in Senate Judicial Nominates justices Pardons Executes decisions 17
89 Judicial checks 18
90 Judicial checks 18
91 Judicial checks Legislative 18
92 Judicial checks Legislative Declares laws unconstitutional 18
93 Judicial checks Legislative Declares laws unconstitutional Chief justice presides over Senate hearings to impeach president 18
94 Judicial checks Legislative Declares laws unconstitutional Chief justice presides over Senate hearings to impeach president 18
95 Judicial checks Legislative Declares laws unconstitutional Chief justice presides over Senate hearings to impeach president Executive 18
96 Judicial checks Legislative Declares laws unconstitutional Chief justice presides over Senate hearings to impeach president Executive Declare executive actions unconstitutional 18
97 Judicial checks Legislative Declares laws unconstitutional Chief justice presides over Senate hearings to impeach president Executive Declare executive actions unconstitutional Issue warrants 18
98 Vetos Which president(s) used the veto power most often? What do they have in common? 19
99 Vetos Which president(s) used the veto power most often? What do they have in common? How about among recent presidents? 19
100 Vetos Which president(s) used the veto power most often? What do they have in common? How about among recent presidents? What presidents had their vetos overridden most often? Are they the same as above? 19
101 Vetos over time 600 Total vetos George Washington John Adams Thomas Jefferson James Madison James Monroe John Q. Adams Andrew Jackson Martin Van Buren William Henry Harrison John Tyler James Polk Zachary Taylor Millard Fillmore Franklin Pierce James Buchanan Abraham Lincoln Andrew Johnson Ulysses S. Grant Rutherford B. Hayes James Garfield Chester Arthur Grover Cleveland Benjamin Harrison William McKinley Theodore Roosevelt William Taft Woodrow Wilson Warren Harding Calvin Coolidge Herbert Hoover Franklin Roosevelt Harry Truman Dwight Eisenhower John Kennedy Lyndon Johnson Richard Nixon Gerald Ford Jimmy Carter Ronald Reagan George H. W. Bush[3][4] Bill Clinton George W. Bush Barack Obama President 20
102 Recent vetos 80 Total number of vetos Jimmy Carter Ronald Reagan George H. W. Bush[3][4] President Bill Clinton George W. Bush Barack Obama 21
103 Veto overrides - total number 15 Number of total veto overrides George Washington John Adams Thomas Jefferson James Madison James Monroe John Q. Adams Andrew Jackson Martin Van Buren William Henry Harrison John Tyler James Polk Zachary Taylor Millard Fillmore Franklin Pierce James Buchanan Abraham Lincoln Andrew Johnson Ulysses S. Grant Rutherford B. Hayes James Garfield Chester Arthur Grover Cleveland Benjamin Harrison William McKinley Theodore Roosevelt William Taft Woodrow Wilson Warren Harding Calvin Coolidge Herbert Hoover Franklin Roosevelt Harry Truman Dwight Eisenhower John Kennedy Lyndon Johnson Richard Nixon Gerald Ford Jimmy Carter Ronald Reagan George H. W. Bush[3][4] Bill Clinton George W. Bush Barack Obama President 22
104 Veto overrides - percentage Percent of vetos overridden George Washington John Adams Thomas Jefferson James Madison James Monroe John Q. Adams Andrew Jackson Martin Van Buren William Henry Harrison John Tyler James Polk Zachary Taylor Millard Fillmore Franklin Pierce James Buchanan Abraham Lincoln Andrew Johnson Ulysses S. Grant Rutherford B. Hayes James Garfield Chester Arthur Grover Cleveland Benjamin Harrison William McKinley Theodore Roosevelt William Taft Woodrow Wilson Warren Harding Calvin Coolidge Herbert Hoover Franklin Roosevelt Harry Truman Dwight Eisenhower John Kennedy Lyndon Johnson Richard Nixon Gerald Ford Jimmy Carter Ronald Reagan George H. W. Bush[3][4] Bill Clinton George W. Bush Barack Obama President 23
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