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Federalism in the United States
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The United States is composed of fifty self-governing states and several territories.
Federalism in the United States is the constitutional relationship between U.S. state governments and the Federal government of the United States. Since the founding of the country, and particularly with the end of the American Civil War, power shifted away from the states and towards the national government. The progression of federalism includes dual, state-centered, and new federalism.
Contents
[hide]
1 Federalism in the early Republic
1.1 Federalist Party
2 Federalism under the Marshall Court
3 Dual Federalism
4 Between Dual Federalism and the New Deal
4.1 State government policies
4.2 Local government policies
5 Cooperative Federalism
6 New Federalism
7 See also
8 Notes
9 Further reading and references
Federalism in the early Republic[edit]
Federalism was a political solution for the problems with the Articles of Confederation which gave little practical authority to the federal government. For example, the Articles allowed the Continental Congress the power to sign treaties and declare war, but it could not raise taxes to pay for an army and all major decisions required a unanimous vote.[1]
The movement was greatly strengthened by the reaction to Shays' Rebellion of 1786–1787, which was an armed uprising of yeoman farmers in western Massachusetts. The rebellion was fueled by a poor economy that was created, in part, by the inability of the federal government to deal effectively with the debt from the American Revolutionary War. Moreover, the federal government had proven incapable of raising an army to quell the rebellion, so that Massachusetts had been forced to raise its own.
In 1787, fifty-five delegates met at a Constitutional convention in Philadelphia and generated ideas of a bicameral legislature (United States Congress), balanced representation of small and large states (Great Compromise), and checks and balances. James Madison stated in a long pre-convention memorandum to delegates that because "one could hardly expect the state legislatures to take enlightened views on national affairs", stronger central government was necessary.[2] This convention almost immediately dropped its original mandate and instead set about constructing a new Constitution of the United States. Once the convention concluded and released the Constitution for public consumption, the Federalist movement became focused on getting the Constitution ratified.
The most forceful defense of the new Constitution was The Federalist Papers, a compilation of 85 anonymous essays published in New York City to convince the people of the state to vote for ratification. These articles, written by Alexander Hamilton and James Madison, with some contributed by John Jay, examined the benefits of the new, proposed Constitution, and analyzed the political theory and function behind the various articles of the Constitution. The Federalist Papers remain one of the most important sets of documents in American history and political science.[3]
Those opposed to the new Constitution became known as the Anti-Federalists. They generally were local rather than cosmopolitan in perspective, oriented to plantations and farms rather than commerce or finance, and wanted strong state governments and a weak national government. The Anti-Federalist critique soon centered on the absence of a bill of rights, which Federalists promised to provide.
Because George Washington lent his prestige to the Constitution and because of the ingenuity and organizational skills of its proponents, the Constitution was ratified by all the states. The outgoing Congress of the Confederation scheduled elections for the new government, and set March 4, 1789 as the date that the new government would take power. In 1789, Congress submitted twelve articles of amendment to the states. Ten of these articles, written by congressional committees, achieved passage on December 15, 1791 and became the United States Bill of Rights. The Tenth Amendment set the guidelines for federalism in the United States.
Federalist Party[edit]
Main article: Federalist Party
As soon as the first Federalist movement dissipated, a second one sprang up to take its place. This one was based on the policies of Alexander Hamilton and his allies for a stronger national government, a loose construction of the Constitution, and a mercantile (rather than agricultural) economy. As time progressed, the factions which adhered to these policies organized themselves into the nation's first political party, the Federalist Party, and the movement's focus and fortunes began to track those of the party it spawned.
While the Federalist movement of the 1780s and the Federalist Party were distinct entities, they were related in more than just a common name. The Democratic-Republican Party, the opposition to the Federalist Party, emphasized the fear that a strong national government was a threat to the liberties of the people. They stressed that the national debt created by the new government would bankrupt the country, and that federal bondholders were paid from taxes paid by honest farmers and workingmen. These themes resonated with the Anti-Federalists, the opposition to the Federalist movement of the 1780s. As Norman Risjord has documented for Virginia, of the supporters of the Constitution in 1788, 69% joined the Federalist party, while nearly all (94%) of the opponents joined the Republicans. 71% of Thomas Jefferson's supporters in Virginia were former anti-federalists who continued to fear centralized government, while only 29% had been proponents of the Constitution a few years before. In short, nearly all of the opponents of the Federalist movement became opponents of the Federalist Party.
The movement reached its zenith with the election of John Adams, an overtly Federalist President. However, with the defeat of Adams in the election of 1800 and the death of Hamilton, the Federalist Party began a long decline from which it never recovered. What finally finished off the Federalist party was the Hartford Convention of 1814, in which five New England states gathered to discuss several constitutional amendments necessary to protect New England's interests in regard to the blockade of their ports by the British during the War of 1812. The threat of secession also was proposed during these secret meetings. Three delegates were sent to Washington, DC to negotiate New England's terms only to discover the signing of the Treaty of Ghent, ending the war with the British. The Federalists were then seen by many as traitors to the union.[4]
Federalism under the Marshall Court[edit]
See also: John Marshall
The United States Supreme Court under Chief Justice John Marshall played an important role in defining the power of the federal and state governments during the early 19th century. As the U.S. Constitution does not specifically define many dividing lines between the layers of government, the Supreme Court settled the issue in New York. The question was answered particularly in the cases, McCulloch v. Maryland and Gibbons v. Ogden, which broadly expanded the power of the national government.
Dual Federalism[edit]
Main article: Dual federalism
Despite Chief Justice Marshall's strong push for the federal government, the court of his successor, Roger B. Taney (1835–1864), decided cases that favored equally strong national and state governments. The basic philosophy during this time was that the U.S. Government ought to be limited to its enumerated powers and that all others belonged to the states. Both the sixteenth and the seventeenth amendment bolstered the power of the national government, and divided state and federal power.
Between Dual Federalism and the New Deal[edit]
Following the Taney court and the rise of Dual federalism, the division of labor between federal, state, and local governments was relatively unchanged for over a century. Political scientist Theodore J. Lowi summarized the system in place during those years in The End of the Republican Era[5]
Nevertheless, the modern federal apparatus owes its origins to changes that occurred during the period between 1861 and 1933. While banks had long been incorporated and regulated by the states, the National Bank Acts of 1863 and 1864 saw Congress establish a network of national banks that had their reserve requirements set by officials in Washington. During World War I, a system of federal banks devoted to aiding farmers was established, and a network of federal banks designed to promote home ownership came into existence in the last year of Herbert Hoover's administration. Congress used its power over interstate commerce to regulate the rates of interstate (and eventually intrastate) railroads and even regulated their stock issues and labor relations, going so far as to enact a law regulating pay rates for railroad workers on the eve of World War I. During the 1920s, Congress enacted laws bestowing collective bargaining rights on employees of interstate railroads and some observers dared to predict it would eventually bestow collective bargaining rights on persons working in all industries. Congress also used the commerce power to enact morals legislation, such as the Mann Act of 1907 barring the transfer of women across state lines for immoral purposes, even as the commerce power remained limited to interstate transportation—it did not extend to what were viewed as intrastate activities such as manufacturing and mining.
As early as 1913, there was talk of regulating stock exchanges, and the Capital Issues Committee formed to control access to credit during World War I recommended federal regulation of all stock issues and exchanges shortly before it ceased operating in 1921. With the Morrill Land-Grant Acts Congress used land sale revenues to make grants to the states for colleges during the Civil War on the theory that land sale revenues could be devoted to subjects beyond those listed in Article I, Section 8 of the Constitution. On several occasions during the 1880s, one house of Congress or the other passed bills providing land sale revenues to the states for the purpose of aiding primary schools. During the first years of twentieth century, the endeavors funded with federal grants multiplied, and Congress began using general revenues to fund them—thus utilizing the general welfare clause's broad spending power, even though it had been discredited for almost a century (Hamilton's view that a broad spending power could be derived from the clause had been all but abandoned by 1840).
During Herbert Hoover's administration, grants went to the states for the purpose of funding poor relief. The Supreme Court began applying the Bill of Rights to the states during the 1920s even though the Fourteenth Amendment had not been represented as subjecting the states to its provisions during the debates that preceded ratification of it. The 1920s also saw Washington expand its role in domestic law enforcement. Disaster relief for areas affected by floods or crop failures dated from 1874, and these appropriations began to multiply during the administration of Woodrow Wilson (1913–21). By 1933, the precedents necessary for the federal government to exercise broad regulatory power over all economic activity and spend for any purpose it saw fit were almost all in place. Virtually all that remained was for the will to be mustered in Congress and for the Supreme Court to acquiesce.[6]
State government policies[edit]
Property law
Education
Estate and inheritance law
Commerce laws of ownership and exchange
Banking and credit laws
Labor law and professional licensure
Insurance laws
Family laws
Morals laws
Public health and quarantine laws
Public works laws, including eminent domain
Building codes
Corporations law
Land use laws
Water and mineral resource laws
Judiciary and criminal procedure laws
Electoral laws, including parties
Civil service laws
Local government policies[edit]
Variances (adaptation of state law to local conditions)
Public works
Contracts for public works
Licensing of public accommodations
Assessable improvements
Basic public services[7]
Cooperative Federalism[edit]
Main article: Cooperative federalism
Although Cooperative Federalism has roots in the civil war, the Great Depression marked an abrupt end to Dual Federalism and a dramatic shift to a strong national government. President Franklin D. Roosevelt's New Deal policies reached into the lives of U.S. citizens like no other federal measure had. As the Supreme Court had rejected nearly all of Roosevelt's economic proposals, the president proposed the Judicial Procedures Reform Bill of 1937 to add more members. The expansion of the Court along with a Democrat-controlled Congress would tilt Court rulings in favor of Roosevelt's policies.[8] Lowi notes three Supreme Court cases that validated the shift in power:[9]
National Labor Relations Board v. Jones & Laughlin Steel Corporation,
Helvering v. Davis, and
Steward Machine Company v. Davis.
The national government was forced to cooperate with all levels of government to implement the New Deal policies; local government earned an equal standing with the other layers, as the federal government relied on political machines at a city level to bypass state legislatures. The formerly distinct division of responsibilities between state and national government had been described as a "layer cake," but, with the lines of duty blurred, cooperative federalism was likened to a "marble cake" or a "picket fence." In cooperative federalism, federal funds are distributed through grants in aid or categorical grants which gave the federal government more control over the use of the money.
New Federalism[edit]
Main article: New Federalism
Another movement calling itself "New Federalism" appeared in the late 20th century and early 21st century. New Federalism, which is characterized by a gradual return of power to the states, was initiated by President Ronald Reagan (1981–89) with his "devolution revolution" in the early 1980s and lasted until 2001. Previously, the federal government had granted money to the states categorically, limiting the states to use this funding for specific programs. Reagan's administration, however, introduced a practice of giving block grants, freeing state governments to spend the money at their own discretion.
New Federalism is sometimes called "states' rights", although its proponents usually eschew the latter term because of its associations with Jim Crow and segregation. Unlike the states' rights movement of the mid-20th century which centered on the civil rights movement, the modern federalist movement is concerned far more with expansive interpretations of the Commerce Clause, as in the areas of medical marijuana (Gonzales v. Raich), partial-birth abortion (Gonzales v. Carhart), gun possession (United States v. Lopez), federal police powers (United States v. Morrison, which struck down portions of the Violence Against Women Act), or agriculture (Wickard v. Filburn).
See also[edit]
Anti-Federalists
Federalism
Great Law of Peace: Influence on the United States Constitution
Laboratories of democracy
Seventeenth Amendment to the United States Constitution
Tenth Amendment to the United States Constitution
Notes[edit]
Jump up ^ Gerston 2007, pp. 24–25
Jump up ^ Gerston 2007, p. 26
Jump up ^ Jackson, Kenneth T. The Encyclopedia of New York City: The New York Historical Society; Yale University Press; 1995. p. 194.
Jump up ^ War of 1812 Sparknotes.com
Jump up ^ Lowi, T. The End of the Republican Era (ISBN 0-8061-2887-9), University of Oklahoma Press, 1995–2006. p. 6.
Jump up ^ Zavodnyik, Peter (2011). The Rise of the Federal Colossus: The Growth of Federal Power from Lincoln to F.D.R. Santa Barbara, CA: ABC-CLIO. pp. 21–30, 186–93, 213–19, 291–93, 313–27, 363–64, 380–93, 416–19. ISBN 978-0-313-39293-1.
Jump up ^ Lowi, T. The End of the Republican Era, p. 17
Jump up ^ Gerston 2007, p. 57
Jump up ^ Lowi 1995, p. 17
Further reading and references[edit]
Gerston, Larry N. (2007), American Federalism: A Concise Introduction, Armonk, New York, United States: M.E. Sharp, ISBN 0-7656-1671-8
Hafer, Catherine; Landa, Dimitri (August 2007). "Public goods in Federal systems". Quarterly Journal of Political Science. Now Publishing Inc. 2 (3): 253–275. doi:10.1561/100.00006001. Pdf.
LaCroix, Alison L. (2010), The Ideological Origins of American Federalism, Cambridge, Massachusetts, United States: Harvard University Press, ISBN 0-674-04886-5
Lowi, Theodore (1995), The End of the Republican Era, Norman, Oklahoma, United States: University of Oklahoma, ISBN 0-8061-2887-9
Taylor, Jeff (2013), Politics on a Human Scale: The American Tradition of Decentralism, Lanham, Maryland, United States: Lexington Books, ISBN 978-0-7391-8674-9
U.S. Constitution
Zavodnyik, Peter (2011), The Rise of the Federal Colossus: The Growth of Federal Power from Lincoln to F.D.R., Santa Barbara, California, United States: ABC-CLIO
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Brooke Smith (actress)
From Wikipedia, the free encyclopedia
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Brooke Smith
Born
(1967-05-22) May 22, 1967 (age 51)
New York City, New York, U.S.
Spouse(s)
Steve Lubensky (m. 1999)
[1]
Children
2
Brooke Smith (born May 22, 1967) is an American actress, known for her role as Dr. Erica Hahn on the ABC medical drama series Grey's Anatomy, and for her role as Catherine Martin in the 1991 horror film The Silence of the Lambs. Smith portrayed Sheriff Jane Greene on the A&E horror series Bates Motel.
Contents
1 Early life
2 Career
3 Personal life
3.1 Family
3.2 Politics
4 Filmography
5 References
6 External links
Early life[edit]
Smith was born in New York City. Her father, Eugene "Gene" Smith, worked as a publisher, and her mother, publicist Lois Eileen Smith (née Wollenweber), had worked with Robert Redford and other actors and directors.[2][3]
Career[edit]
Smith has appeared in numerous films, including The Moderns (1988), The Silence of the Lambs (1991), The Night We Never Met (1993), Mr. Wonderful (1993), Vanya on 42nd Street (1994), Last Summer in the Hamptons (1995), Trees Lounge (1996), Kansas City (1996), The Broken Giant (1998), Random Hearts (1999), Series 7: The Contenders (2001), Bad Company (2002), Melinda and Melinda (2004), Iron Jawed Angels (2004), Shooting Vegetarians (2005), In Her Shoes (2005), The Namesake (2006), and Interstellar (2014).
She appeared as a guest star on the sixth season of Crossing Jordan as Dr. Kate Switzer, as one of Claire Fisher's art teachers on Six Feet Under, and on Weeds as the ex-wife of Peter Scottson, the late husband of main character Nancy Botwin.[citation needed]
Smith originated the role of Andrea in the pilot of the ABC drama series Dirty Sexy Money, but was replaced by Sheryl Lee after becoming a series regular on Grey's Anatomy.[4] On November 3, 2008, Smith told Entertainment Weekly that her character was being written out of Grey's Anatomy, stating that she was "really, really shocked," and suggested that network executives' discomfort with her character's lesbian relationship might be the reason for her ousting. However, Shonda Rhimes, the show's creator, said that Smith was dismissed from the series because the writers did not find that the "magic and chemistry" that Smith's character had with Sara Ramirez's character, Callie Torres, would sustain in the long run.[5]
Smith has also had roles on Homicide: Life on the Street, Law & Order: Special Victims Unit, Law & Order: Criminal Intent, Law & Order, Criminal Minds and The Hunger.[6] In 2012, Smith also appeared in an episode of the second season of the FX TV series American Horror Story. In 2015, she appeared as Frances Simpson on the Showtime drama series Ray Donovan.
As of spring 2017, Smith is appearing in the recurring role of Sheriff Jane Greene in the fifth and final season of A&E's scripted thriller series Bates Motel, opposite series stars Vera Farmiga--already-dead Norma Bates--who is a figment of the imagination of her mentally ill and murderous son Norman (Freddie Highmore). Bates Motel is a prequel series homage to director Alfred Hitchcock's 1960 horror classic Psycho, which starred Tony Perkins and Janet Leigh.[7]
Personal life[edit]
Family[edit]
Smith married Russian cinematographer Steve Lubensky on January 6, 1999.[8] Their daughter, Fanny Grace Lubensky, was born on March 12, 2003 in New York City.[9][10] In May 2008, the couple adopted a baby girl, Lucy Dinknesh Lubensky, from Ethiopia.[11] The family lives in New York's Upper West Side,[1] and in Beachwood Canyon, Los Angeles.[9]
Politics[edit]
On August 27, 2008, Smith spoke at an "Open the Debates" rally in Denver, Colorado, opposing the Commission on Presidential Debates exclusion of third party candidates from the nationally televised Presidential debates, and in support of Independent Presidential candidate Ralph Nader.[12]
Filmography[edit]
Year
Title
Role
Notes
1988 The Moderns Abigail
1991 The Silence of the Lambs Catherine Martin
1993 The Night We Never Met Catha
1993 Mr. Wonderful Jan
1994 Vanya on 42nd Street Sonya 3rd Place—Boston Society of Film Critics Award for Best Actress
Nominated—Independent Spirit Award for Best Supporting Female
3rd Place—National Society of Film Critics Award for Best Supporting Actress
1995 Last Summer in the Hamptons Lois Garfield
1996 Trees Lounge Tina
1996 Kansas City Babe Flynn
1998 The Broken Giant Rosemary Smith
1998 Remembering Sex Jennifer Sharp
1999 Random Hearts Sarah
2000 Eventual Wife Susan
2001 Series 7: The Contenders Dawn Lagarto
2001 The Man Who Wasn't There Sobbing Prisoner
2002 For Earth Below Dede
2002 Bad Company Officer Swanson
2004 Melinda and Melinda Cassie
2004 Iron Jawed Angels Mabel Vernon
2005 Shooting Vegetarians The Chicken Man
2005 In Her Shoes Amy
2006 The Namesake Sally
2010 A Little Help Kathy Helms
2010 Fair Game Diana
2010 The Aspern Papers Tita Bordereau
2013 Labor Day Evelyn
2014 Interstellar Nurse
2017 To the Bone Olive
2017 The Angry River Katherine Alsea Short film
2018 Dude Lorraine
Television
Year
Title
Role
Notes
1988 The Equalizer Risa Episode: "A Dance on the Dark Side"
1996–2005 Law & Order Margot Bell 2 episodes
1997 The Larry Sanders Show Tonya Bailey Episode: "Make a Wish"
1999 Homicide: Life on the Street Josephine Pitt Episode: "Truth Will Out"
1998–99 The Hunger Lee Cooper 2 episodes
2001 Big Apple Lois Mooney 3 episodes
2001 100 Centre Street Lynn Hoffman Episode: "Bottlecaps"
2002 Law & Order: Criminal Intent Tessa Rankin Episode: "Phantom"
2004 Six Feet Under Carolyn Pope 3 episodes
2006 Heist Sarah 4 episodes
2007 Crossing Jordan Dr. Kate Switzer 13 episodes
2007 Law & Order Ms. Kurland Episode: "Captive"
2007 Dirty Sexy Money Andrea Smithson Episode: "Pilot"
2007 Weeds Valerie Scottson 4 episodes
2006–08 Grey's Anatomy Dr. Erica Hahn 25 episodes
Nominated—Screen Actors Guild Award for Outstanding Performance by an Ensemble in a Drama Series
2010 Criminal Minds Barbara Lynch Episode: "Mosley Lane"
2012 Law & Order: Special Victims Unit Delia Wilson 3 episodes
2012 American Horror Story: Asylum Dr. Gardner Episode: "The Coat Hanger"
2013 Graceland Marianne O'Connor Episode: "Pilot"
2013–15 Ray Donovan Frances Simpson 13 episodes
2016 Nashville Jackie Hudson Episode: "It's Sure Gonna Hurt"
2016 Stitchers Dr. Naomi Burke Episode: "The Two Deaths of Jamie B."
2017 Hand of God Lesley Levay Episode: "I See That Now"
2017 Bosch Captain Ellen Lewis 5 episodes
2017 Bates Motel Sheriff Jane Greene 6 episodes
2018 Supergirl Jacqueline Nimball Episode: "Schott Through the Heart"
2018 The Crossing Diana 3 episodes
References[edit]
^ Jump up to: a b "Smith fights back again in 'Series 7'". USAtoday.com. 2001-03-08. Retrieved 2010-08-03.
Jump up ^ "Brooke Smith Biography". Movies.yahoo.com. 1967-05-22. Archived from the original on 2011-05-22. Retrieved 2010-08-03.
Jump up ^ https://www.nytimes.com/2012/10/10/movies/lois-smith-publicist-for-stars-dies-at-84.html
Jump up ^ "Sheryl Lee Replaces Brooke Smith as Holy Mistress at Dirty Sexy Money". Televisionista.blogspot.com. 2007-11-04. Retrieved 2010-08-03.
Jump up ^ People Staff (2008-11-03). "Brooke Smith Axed From Grey's Anatomy". People. Retrieved 2017-03-29.
Jump up ^ "Brooke Smith". IMDb. Retrieved 24 January 2017.
Jump up ^ Ausiello, Michael (September 22, 2016). "Bates Motel Elects Grey's Anatomy Alum Brooke Smith (New) Sheriff". TVLine. Retrieved November 15, 2016.
Jump up ^ "Mormon News for WE 10 January 1999: Liz Smith: Wedding Belles". Mormonstoday.com. Retrieved 2010-08-03.
^ Jump up to: a b Sicha, Choire (2007-10-28). "Dr. Hahn, you are wanted in surgery". LAtimes.com. Los Angeles Times. Archived from the original on 2008-12-25. Retrieved 2010-08-03.
Jump up ^ "Fanny Grace Lubensky". Variety. 2003-05-06. Retrieved 2010-08-03.
Jump up ^ Ingrassia, Lisa (2008-05-16). "Grey's Anatomy's Brooke Smith Adopts Baby Girl". People.com. Retrieved 2010-08-03.
Jump up ^ Sheehan, Mike (August 28, 2008). "Meet Satan's towel boy, Ralph Nader, and other famous rabblerousers in a call for open debates". ScholarsandRogues.com. Retrieved March 19, 2018.
External links[edit]
Brooke Smith on IMDb
Authority control
WorldCat Identities
GND: 135535034
ISNI: 0000 0000 7880 1407
LCCN: no2001087133
VIAF: 36574067
Retrieved from "https://en.wikipedia.org/w/index.php?title=Brooke_Smith_(actress)&oldid=850814855"
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