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3 - Federalism: Dividing Power between the National Government adn the States

Conflict Over Medical Marijuana

Background

  • Lawsuit Filed: Angel McClary Raich and Diane Monson filed lawsuits against the U.S. government in a California federal court in 2002.
  • Central Argument: Their use of medical marijuana, legal under California law but illegal under federal law, was claimed to be protected by state law and the U.S. Constitution.
  • Health Issues:
    • Raich: Inoperable brain tumor, seizures, endometriosis, scoliosis, wasting disorder. Claimed marijuana was essential for survival.
    • Monson: Chronic back pain and spasms. Grew her own marijuana plants.
  • California Law: Compassionate Use Act of 1996, legalizing medical marijuana under physician supervision.
  • Federal Law: Controlled Substances Act of 1970, classifying marijuana as a Schedule I drug, illegal for use and cultivation.

The Conflict

  • State vs. Federal Law: Raich and Monson caught in a legal clash between California and federal laws.
  • Federal Intervention: In 2002, DEA agents seized and destroyed Monson's marijuana plants despite compliance with state law.
  • Allegations: Monson accused the DEA of violating her civil rights and California law.

Wider Implications

  • State-Level Changes: Many states reducing penalties, legalizing medical/recreational marijuana, establishing dispensaries.
  • Tension with Federal Power: State actions in contrast with Congress's power to regulate interstate commerce.
  • Appeals Court Ruling: Initially ruled in favor of Raich and Monson.
  • Supreme Court Involvement:
    • Appeal by U.S. Attorney General: Alberto Gonzales appealed the ruling.
    • Central Issues: Whether the Controlled Substances Act overrides California's medical marijuana law; boundary between federal and state powers.

Federalism and the Constitution

Systems of Government

Types of Government Systems

  • Unitary System: Central government holds primary power, can delegate to subnational governments.
  • Confederal System: Subnational governments (states) hold more power than the national government.
  • Federal System: Power divided between states and the national government, each having exclusive powers.

Examples

  • Unitary: United Kingdom, China, Iran.
  • Confederal: Historical U.S. under Articles of Confederation, Switzerland.
  • Federal: Modern U.S., Mexico, Nigeria, Russia.

National and State Powers

Enumerated or Expressed Powers

  • Powers explicitly granted to the national government by the Constitution.

Exclusive Powers

  • Powers only the national government may exercise.

Implied Powers

  • Powers not specifically granted but necessary to execute enumerated powers.

Powers Denied to the National Government

  • Restrictions include prohibition of bills of attainder, ex post facto laws, and suspension of habeas corpus.

Key Constitutional Clauses

Commerce Clause

  • Authorizes Congress to regulate interstate and international commerce.

Necessary and Proper Clause

  • Grants federal government authority to pass laws essential for executing its powers.

Supremacy Clause

  • Establishes the Constitution and federal laws as the supreme law of the land.

Powers of State Governments

Tenth Amendment

  • Reserves powers not delegated to the national government for the states and the people.

Reserved Powers

  • Powers retained by the states, including police powers and authority over local governance.

Concurrent Powers

  • Powers shared by both national and state governments, like taxation and borrowing money.

Regional and Local Governments

  • Local governments are subject to state authority and can be restructured by states.

Relationships between States

Article IV Provisions

  • Full Faith and Credit Clause: States must recognize public acts, records, and civil court proceedings of other states.
  • Extradition: States are required to return individuals accused of crimes to the state where the crime was committed.
  • Privileges and Immunities Clause: Prevents states from discriminating against citizens of other states.

The Dynamic Nature of Federalism

Evolution of Federalism

  • Dynamic Process: Federalism evolves through political processes, influencing the power balance between national and state governments.
  • Influential Figures: John Marshall, Chief Justice from 1801-1835, significantly shaped American federalism.

Analyzing Supreme Court Cases

  • Approach: Understanding the context, identifying constitutional issues, analyzing decisions, and considering implications.

The Marshall Court: Expanding National Power

  • McCulloch v. Maryland (1819): Affirmed the national government's authority to establish a national bank and disallowed states from taxing it.
  • Gibbons v. Ogden (1824): Strengthened Congress's power under the commerce clause, regulating interstate commerce.

Post-Civil War Amendments

  • Thirteenth Amendment: Outlawed slavery.
  • Fourteenth Amendment: Provided citizenship, equal protection, and due process, limiting state power.
  • Fifteenth Amendment: Gave African American males the right to vote.

Plessy v. Ferguson (1896)

  • Upheld racial segregation under the “separate but equal” doctrine, asserting states’ rights.

Transition from Dual to Cooperative Federalism

  • Dual Federalism: Distinct, separate operation of state and national governments.
  • Cooperative Federalism: Both levels of government work together on policy-making.

The Great Depression and Federalism

  • Impact of the Depression: Strained state resources, leading to increased national government intervention.
  • Roosevelt's New Deal: Significantly expanded national government's role, especially in commerce regulation.
  • Social Security Act of 1935: Example of cooperative federalism, establishing federal programs for social welfare.

Modern American Federalism

Evolution of Federalism

  • Dynamic Process: Federalism evolves through political processes, influencing the power balance between national and state governments.
  • Influential Figures: John Marshall, Chief Justice from 1801-1835, significantly shaped American federalism.

Analyzing Supreme Court Cases

  • Approach: Understanding the context, identifying constitutional issues, analyzing decisions, and considering implications.

The Marshall Court: Expanding National Power

  • McCulloch v. Maryland (1819): Affirmed the national government's authority to establish a national bank and disallowed states from taxing it.
  • Gibbons v. Ogden (1824): Strengthened Congress's power under the commerce clause, regulating interstate commerce.

Post-Civil War Amendments

  • Thirteenth Amendment: Outlawed slavery.
  • Fourteenth Amendment: Provided citizenship, equal protection, and due process, limiting state power.
  • Fifteenth Amendment: Gave African American males the right to vote.

Plessy v. Ferguson (1896)

  • Upheld racial segregation under the “separate but equal” doctrine, asserting states’ rights.

Transition from Dual to Cooperative Federalism

  • Dual Federalism: Distinct, separate operation of state and national governments.
  • Cooperative Federalism: Both levels of government work together on policy-making.

The Great Depression and Federalism

  • Impact of the Depression: Strained state resources, leading to increased national government intervention.
  • Roosevelt's New Deal: Significantly expanded national government's role, especially in commerce regulation.
  • Social Security Act of 1935: Example of cooperative federalism, establishing federal programs for social welfare.

The Supreme Court and Modern Federalism

United States v. Lopez (1995)

  • Background: Alfonso Lopez Jr. charged under the federal Gun-Free School Zones Act of 1990 for carrying a gun in a school zone.
  • Legal Issue: Whether Congress exceeded its powers under the Commerce Clause.
  • Supreme Court Decision: The Act was unconstitutional as carrying a gun in a school zone was not an economic activity affecting interstate commerce.
  • Significance: This decision limited federal power, emphasizing the Tenth Amendment and states’ authority.

Key Terms

  • Tenth Amendment: Asserts states' rights and powers not delegated to the federal government.
  • Commerce Clause: Grants Congress the power to regulate interstate commerce.

Same-Sex Marriage and Federalism

  • United States v. Windsor (2013): Overturned the Defense of Marriage Act (DOMA) section that defined marriage federally as between opposite-sex couples.
  • Obergefell v. Hodges (2015): Legalized same-sex marriage nationwide, recognizing it as a fundamental right.
  • States’ Rights vs. Civil Rights: These cases highlight the tension between states' rights and national protection of civil rights.

Gonzales v. Raich (2005)

  • Background: Challenge against the Controlled Substances Act's ban on medical marijuana, conflicting with California law.
  • Supreme Court Decision: Upheld federal law, ruling that marijuana production and use impact interstate commerce.
  • Outcome: Reasserted federal power over state laws in regulating controlled substances.

Federal vs. State Marijuana Laws

  • Conflicting Laws: States have varying laws on medical and recreational marijuana use, conflicting with federal law.
  • Enforcement Challenges: Federal enforcement is complicated due to widespread state-level legalization or decriminalization.

Evolving Federalism

  • Continued Debate: The balance of power between federal and state governments remains a dynamic and contested aspect of American federalism.
  • Unresolved Questions: How to reconcile state compliance with conflicting federal laws continues to challenge the federal system.