Post on 28-Dec-2015
Pearson Education, Inc. ©2005
Chapter 3Chapter 3
FEDERALISM:FEDERALISM:
STATES AND STATES AND NATIONNATION
Pearson Education, Inc. ©2005
State Attorneys-General State Attorneys-General Stretch the BoundariesStretch the Boundaries
Traditionally, state attorneys-general Traditionally, state attorneys-general focused their attention on issues focused their attention on issues pertaining to their own states.pertaining to their own states.
However, in the last decade, state However, in the last decade, state attorneys-general have dramatically attorneys-general have dramatically expanded the scope of their expanded the scope of their activities. activities.
ExamplesExamples
Pearson Education, Inc. ©2005
State Attorneys-General State Attorneys-General Stretch the BoundariesStretch the Boundaries
Lessons: Lessons: •Federalism is always changing.Federalism is always changing.•Even at a time when the Even at a time when the
national government has national government has become extremely powerful, become extremely powerful, states remain important states remain important players.players.
Pearson Education, Inc. ©2005
Forms of GovernmentForms of Government FederalismFederalism — significant government significant government
powers are divided between the central powers are divided between the central government and smaller governmental unitsgovernment and smaller governmental units
ConfederationConfederation — constituent units or states constituent units or states retain ultimate authority and can veto major retain ultimate authority and can veto major actions of the central governmentactions of the central government
UnitaryUnitary — central government exercises all central government exercises all governmental powers and can change its governmental powers and can change its constituent unitsconstituent units
Pearson Education, Inc. ©2005
Federalism as a System of Federalism as a System of GovernmentGovernment
American federalism involves a American federalism involves a multiplicity of governing levels and multiplicity of governing levels and units.units.
Federalism is not a common way of Federalism is not a common way of organizing governments around the organizing governments around the world.world.
There are no neat boundaries among There are no neat boundaries among different forms of government.different forms of government.
Pearson Education, Inc. ©2005
The Roots of FederalismThe Roots of Federalism
Modern federalism is largely an Modern federalism is largely an American invention.American invention.
Most federal systems are found in Most federal systems are found in countries that are large and countries that are large and diverse.diverse.
Unitary government is the most Unitary government is the most common form of government common form of government today.today.
Pearson Education, Inc. ©2005
Federalism in the Federalism in the Constitution Constitution
Independent State PowersIndependent State Powers• Supremacy Clause Supremacy Clause
– Article VIArticle VI• Enumerated Powers Enumerated Powers
– Article I, Section 8Article I, Section 8• Reservation Clause Reservation Clause
– 10th Amendment10th Amendment
Pearson Education, Inc. ©2005
Amending the Constitution Amending the Constitution
House of RepresentativesHouse of Representatives
SenateSenate
Electoral CollegeElectoral College
The State’s Roles in The State’s Roles in National National GovernmentGovernment
Pearson Education, Inc. ©2005
•Horizontal federalismHorizontal federalism•““Privileges and immunities” Privileges and immunities”
(Article IV)(Article IV)• Interstate compactsInterstate compacts
Relations Among the Relations Among the StatesStates
Pearson Education, Inc. ©2005
The Evolution of The Evolution of American American FederalismFederalism
Despite many ebbs and flows in the Despite many ebbs and flows in the relative power of the states and relative power of the states and national government, eventually the national government, eventually the national government gained ground.national government gained ground.• Economic crises generate pressures for Economic crises generate pressures for
greater national government role.greater national government role.• War also spurs greater national government War also spurs greater national government
role.role. • Problems arose that were best solved by Problems arose that were best solved by
the national government (e.g., pollution, the national government (e.g., pollution, the denial of civil rights)the denial of civil rights)
Pearson Education, Inc. ©2005
The Perpetual Debate About The Perpetual Debate About the Nature of American the Nature of American FederalismFederalism
The Nationalist PositionThe Nationalist Position• Focus on:Focus on:
– ““supremacy clause”supremacy clause”– ““elastic”/ “necessary and proper elastic”/ “necessary and proper
clause”clause”
The States’ Rights PositionThe States’ Rights Position• Focus on: Focus on:
– ““dual federalism”dual federalism”
Pearson Education, Inc. ©2005
Federalism Before Federalism Before the Civil Warthe Civil War
• Nullification effortsNullification efforts• The Marshall CourtThe Marshall Court
– McCulloch v. MarylandMcCulloch v. Maryland (1819) (1819)– Broad reading of necessary and proper Broad reading of necessary and proper
clause (Article I, Section 8)clause (Article I, Section 8)
• Limiting and preempting the StatesLimiting and preempting the States– Contract clause (Article I, Section 10)Contract clause (Article I, Section 10)– PreemptionPreemption
Pearson Education, Inc. ©2005
The Civil War and the The Civil War and the Expansion of National Expansion of National PowerPower
• Decisive establishment of Decisive establishment of indissoluble Unionindissoluble Union
• Civil War AmendmentsCivil War Amendments– 13th Amendment13th Amendment– 14th Amendment14th Amendment
– Due process clauseDue process clause– Equal protection Equal protection
– 15th Amendment15th Amendment
• Emergency PowersEmergency Powers
Pearson Education, Inc. ©2005
Expanded National Activity Expanded National Activity Since the Civil WarSince the Civil War
The Late 19th Century to WWIThe Late 19th Century to WWI The New DealThe New Deal World War IIWorld War II The Post-War PeriodThe Post-War Period Supreme Court Support for Supreme Court Support for
NationalismNationalism
Pearson Education, Inc. ©2005
Resurgence of the States Resurgence of the States in the 1990’sin the 1990’s
Growing state share of public Growing state share of public spendingspending
Growing state share of public Growing state share of public employeesemployees
Growing popularity of “devolution”Growing popularity of “devolution” Role of the Rehnquist CourtRole of the Rehnquist Court Role of Clinton and the 104th Role of Clinton and the 104th
CongressCongress
Pearson Education, Inc. ©2005
Terrorism and the Terrorism and the Resurgence of the Federal Resurgence of the Federal GovernmentGovernment
The terrorist attacks of September 11, The terrorist attacks of September 11, 2001 and the subsequent war on 2001 and the subsequent war on terrorism helped refocus public terrorism helped refocus public attention on the national government.attention on the national government.
This tendency likely will be further This tendency likely will be further exaggerated by the perceived need exaggerated by the perceived need for homeland security.for homeland security.
Pearson Education, Inc. ©2005
““Marble Cake”Marble Cake” FederalismFederalism
Often used as a metaphor for Often used as a metaphor for cooperative federalismcooperative federalism
Elements of national and state Elements of national and state influence swirl around each other, influence swirl around each other, without clear boundaries. without clear boundaries.
Pearson Education, Inc. ©2005
National Grants-in-Aid National Grants-in-Aid to the Statesto the States
Grants-in-aidGrants-in-aid are federal funds are federal funds allocated to states and local allocated to states and local governments.governments.
Origin and growth of grantsOrigin and growth of grants• 1787 Northwest Ordinance1787 Northwest Ordinance• 1900-1930s1900-1930s• 1950s-1970s1950s-1970s• 1980s1980s• 1990s1990s
Pearson Education, Inc. ©2005
Categorical GrantsCategorical Grants The “New Federalism”
(Nixon & Ford)• Block grantsBlock grants• General revenue sharingGeneral revenue sharing
Pearson Education, Inc. ©2005
Debates About Federal Debates About Federal Money and ControlMoney and Control
Many contemporary facets of Many contemporary facets of federalism involve questions of federalism involve questions of money and control.money and control. • Conditions on aid — require states to require states to
spend grant money in certain ways if they spend grant money in certain ways if they want to receive federal funding.want to receive federal funding.
• Mandates — require the states to carry out require the states to carry out certain policies, even when little or no certain policies, even when little or no national government aid is involved.national government aid is involved.
Pearson Education, Inc. ©2005
U.S. FederalismU.S. Federalism — Pro and ConPro and Con
PRO:PRO:• Diversity of NeedsDiversity of Needs• Closeness to the PeopleCloseness to the People• Innovation and ExperimentationInnovation and Experimentation• Training Ground for Women and Training Ground for Women and
Racial MinoritiesRacial Minorities
Pearson Education, Inc. ©2005
U.S. FederalismU.S. Federalism — Pro and ConPro and Con
CON:CON:• The Importance of National The Importance of National
StandardsStandards• Low Visibility and Lack of Popular Low Visibility and Lack of Popular
ControlControl• Spillover Effects and Competition Spillover Effects and Competition