American Federalism Corresponds to text chapter 3.

American Federalism

Corresponds to text chapter 3

What is “federalism?” It is a system of government that

divides power between a central government (also called a “national government”) and state governments.

Each level has certain authorities and powers

A written constitution will exist to specify which government gets which powers

Why did the founders choose federalism?

States were worried about surrendering all their powers to this new centralized government

Citizens were worried about this new centralized government having too much power

And Shay’s rebellion had proved that a strong, centralized government with real authority was sometimes necessary

Where is it found in the Constitution?

It’s found in the “delegated powers” Articles I – V of the Constitution Enumerates (lists) all of the things the

central gov’t will be allowed to do Anything not on that list is not a

power the central gov’t may assume for itself


It’s found in the “implied powers” Article I, Section 8, Clause 18 – “the

elastic clause” “Congress shall have the power to do all

things necessary and proper to ensure smooth running of the government…”

Some politicians have been reluctant to use this clause, others have been happy to


It’s in the “inherent powers” Inherent: innate. An “inherent” power

may not be specifically written down, but will be assumed to be expected

E.g. – nobody has to tell me I have the right to give tests; that comes with the job of being a teacher

What would be some inherent powers of government?

Where is it found in the Constitution? It’s found in the “concurrent

powers” Found in Article I Also called “joint” or “shared”

powers


And in the “reserved powers” Powers given only to the states,

that the central government may never assume

Found in Article IV and Amendment 10.

Where is it found in the constitution?

It’s found in the prohibited powers (list of things neither state nor national governments shall ever be allowed to do) Article I, Sections 9 & 10, also in the Bill of Rights

What are the prohibited powers?

No ex post facto laws (criminal laws written to trap people who may have committed an action before it was made illegal)

No bills of attainder (laws that specify certain crimes for which there won’t be a trial, accused goes straight to prison)

Any law that would take away anything listed in the Bill of Rights

Delegated Powers Regulate trade Coin and print money Provide for an army and a navy Establish federal courts Conduct foreign relations Acquire new territories and admit new

states regulate immigration and naturalization

Concurrent Powers Levy taxes Borrow money spend tax dollars for the general

welfare establish a court system Pass and enforce laws Charter banks

Reserved Powers

Regulate commerce within the state’s own boundaries (intrastate commerce)

Establish state and local governmental systems

Establish public schools Run elections

Reserved Powers

Protect the public’s health, welfare, and morals

Regulate corporations Establish licensing for the

professions

Advantages to federalism

It works better in a large country because it allows local areas to run themselves, but still keeps them joined to a central unit

It keeps power from becoming concentrated among one social class, or in one geographic area of the country

Advantages to federalism It recognizes the fact that state

governments already exist and are used to controlling their own area

It gives young politicians experience in government, by learning skills in local government first before moving up to national positions

It keeps some government functions “close to home”

Disadvantages to federalism

Once a constitution is written, it’s hard to change it (but not impossible)

Federalism is a complicated system (state government + county government + city government + national government)

Might be duplication of tasks and taxes Conflicts of authority are bound to arise

Federalism in practice Relations between the states: Each state must recognize the laws

and legal documents of another (e.g., contracts, driver licenses, marriage licenses, etc.) “Full faith and credit clause”

Each state must extradite – return a fugitive from another state back to that state for trial – when asked to do so

Federalism in practice “Privileges and immunities” clause: States may not discriminate

against residents of other states when they visit, nor can they discriminate in contracts involving people from other states

Does NOT apply to professional licenses (medical or teaching licenses, e.g.)

Guarantees to the states

Central/national government guarantees states that:

They will have a republican form of gov’t They will be protected from foreign invasion They will be protected in case of civil war Their boundaries will be respected by the

other states, and by the central government

National Supremacy

The Constitution gives states certain rights and privileges, but in cases of disputes between the central government and the states, the central government will almost always win

This is called National Supremacy

Court Cases involving national supremacy

McCulloch v. Maryland, 1819 State of Maryland levied a tax on the

Baltimore branch of the Bank of the USA McCulloch, the branch manager, sued the

state of Maryland John Marshall’s ruling: a state may not

tax any part of the national government (“The power to tax is a power to destroy….”)

Cases involving national supremacy

Gibbons v. Ogden, 1824 New York State granted Ogden the

monopoly to run a ferry boat between New York and New Jersey; Gibbons sued, having a similar contract from the U.S. Congress

John Marshall: only the national government can put any contract or regulation on commerce involving two states (interstate commerce)

How does federalism work in more modern times?

From 1789 until 1932, the government practiced what became known as “dual federalism”

States tended to their business, central government tended to its business, and states didn’t expect much out of the central government other than the Constitutional guarantees

Sometimes called “layer cake” federalism – each entity totally separate from the other

How does federalism work in modern times?

FDR’s New Deal (1932-1940) changed all that

Central government provided many forms of aid to states during Depression, expected them to provide jobs in return

Called “Cooperative Federalism” -- states and central government work together on projects that central government pays for

Often called “Marble Cake Federalism”


Since the 1970s, conservative presidents like Nixon, Reagan, and the two Bush presidents, introduced a “New Federalism”

Seeks to un-do much of the “interference” of the central government in state affairs

Seeks also to save the central gov’t some $, by making states pay for many programs the federal gov’t used to pay for

New Federalism was supposed to decrease income taxes on Americans


This “new federalism” was described by a new word during the Reagan presidency:

He called it “devolution” – moving programs and authorities away from the central government back to the states

Was supposed to be the opposite of the “revolution” of the New Deal

The New Deal had created “big, expensive gov’t” and Devolution was supposed to make it “leaner, more cost-effective”


In practice, though, complete devolution won’t be possible.

States have come to rely too much on assistance from the central government

At the present time, “fiscal federalism” is being practiced


Fiscal = “having to do with the people’s money”

Fiscal federalism involves states receiving federal money for certain things (like education, health care, road-building) but giving states authority for the actual project, rather than the central government saying “do it this way, or else…..”


Examples of fiscal federalism: “grant-in-aid” programs, such helping

a state with a specific project: build a new highway, a new college, a new hospital, new bridge, new schools, etc.

States must apply for these grants, but if the $ is awarded, the state can decide how best to use it as long as it spends it on the project its application proposed


“category grants” – grants that don’t involve one set project, but an on-going need that will never be finished

Examples: feeding school kids, providing health care program for senior citizens, helping working moms pay for child care, etc.

Again, states must apply for these funds, and don’t always get them. States must spend the money on the project described in the application


Sometimes with category grants, the central government will only give part of the money requested, and will require that the state comes up with the “matching” funds on its own.

Matching grants show the state is serious about getting the project underway, because they have their own $ invested in it


Sometimes, the central government has a formula by which it tells states the limit on how much $ they can apply for

These grants are called “formula grants,” and will cover very specific things like prescriptions for the poor, research grants, college scholarships for poor students, etc.


States can also apply for “block grants” These grants are awarded in a lump sum (or

“block of money”) that the state can spend as it chooses, on any general project that might come under the subject of the grant

Topics might be “health care” or “education” or “road improvement”

Block grants have the fewest strings attached, and give states the most leeway in decision-making on the funds

How does federalism work in modern times? For a while (but not today) during the

Lyndon Johnson and Richard Nixon administrations (1962-1974,) there was a program called “revenue sharing”

States got back about 2% of all federal income tax paid by their people, and could spend it any way they wished

Revenue sharing no longer exists


“Federal mandates” are financial projects the central government orders states to do

Examples: handicap-friendly buildings; stronger bridges, better reading scores among students

Some of these are paid for by the central government (“funded mandates”)

Some are ordered to remedy problems the states should have taken care of before, and the central government WON’T pay for them (“unfunded mandates”)


President George W. Bush’s “No Child Left Behind” (NCLB) program is an unfunded mandate

States complain that they are required to hire extra teachers to raise scores, but there’s no federal $ to help pay for them


Because unfunded mandates are such a burden to states, states often complain to Congress for relief; sometimes (but not always) Congress listens

In 1994, Congress passed the “Unfunded Mandate Reform Act,” limiting any Congress’ or any president’s ability to order unfunded mandates. But it doesn’t outlaw them totally.

American Federalism Corresponds to text chapter 3.

Documents

Transcript of American Federalism Corresponds to text chapter 3.