AP US GOVERNMENT

Federalism

Presentation Outline1)Advantages and Disadvantages of Federalism

2) Factors increasing federal government power at the expense of the states

3) States’ Obligations to Each Other

4) Different Types of Federalism

5) Fiscal Federalism: Grants in Aid

1. ADVANTAGES AND DISADVANTAGES OF FEDERALISM

Federal-State Relations

◦Constitution makes National Government Supreme◦But what the national government may do legally is not the same thing they want to do politically. ◦11/190 States have federalism◦Sovereignty is shared

Advantages

◦ Recognizes local interests and differences

◦More points of access to policy

◦ Enhances judicial power to solve issues b/t fed and state govs.

◦ States try new policies

◦ Check on federal government power

◦ Prevents secession

◦Good for large, diverse country

◦ Stronger national defense.

Disadvantages

◦Policies not uniform

◦Protects powerful local interests

◦Greater chance of corruption on the local level.

◦Economic disparity across states

◦Unequal representation in governments.

Check out the disparities in wealth across the US

Unlike Canadian provinces, each state has jurisdiction over its own criminal law

American Federalism

◦Restrictions on States’ powers◦Coining money, treaties, bill of attainder, ex post facto

◦Federal government guarantees◦Republican state governments, admitting new states, uniform taxes, travel state to state, “full faith and credit” with respect to other state’s laws, extradition, Elastic Clause: Necessary and proper for carrying out congress’ powers.

2. FACTORS INCREASING FEDERAL GOVERNMENT POWER AT THE EXPENSE OF THE STATES.

Implied Powers

◦McCulloch v. Maryland (1819)◦ Created a national bank to print money, make loans, etc.. ◦ Jefferson, farmers, state legislatures . ◦Maryland tried to tax bank in 1818. ◦ Baltimore branch (McCulloch) refused to pay the tax

◦ John Marshall: “Power to tax is the power to destroy”◦ States don’t have that power. ◦Using the elastic clause (necessary and proper) congress has

the power to create a bank -> federal government supreme◦ Therefore, National government has enumerated and

implied powers over the states. ◦ Regulate food and drugs, build highways, protect

consumers, clean up dirty air and water.

Commerce Power

◦Gibbons v. Ogden (1824)◦NY gave Ogden exclusive navigational rights, federal gave Gibbons a

license. ◦Gibbons won due to interstate commerce clause.

◦Defined very broadly.

◦1800’s courts ruled congress cannot regulate local businesses, changed during Great Depression. Interpretation is becoming narrower. ◦US v. Lopez (1995): Fed Gun-Free School Zones Act of 1990

forbidding firearms in public schools exceeded congressional authority.

◦US v. Morrison (2000) ruled against 1994 Violence Against Women Act because no economic activity.

◦Seminole Tribe of FL v. FL (1996) SC declared 11th Amendment prohibited congress from using interstate commerce to revoke states immunity from lawsuits by private parties.

Struggle for Racial Equality

◦Brown v. Board of Education (1954) led to increased federal power. ◦Nullification: States cannot declare federal laws unconstitutional◦States are not the Supreme Court!

3. STATES’ OBLIGATIONS TO

EACH OTHER

Full Faith and Credit

◦States must recognize official documents and civil judgments of other states. ◦Congress passed Defense of Marriage Act,

allowing states to disregard gay marriages. ◦But states must recognize other states

licenses.

◦Alleged criminals surrendered to state where crime was committed.

Extradition

Privileges and Immunities

◦Cannot discriminate against citizens of other states

◦Exceptions:◦Out-of-state tuition◦Only citizens of a state can vote there◦Saenz v. Roe (1999) California could not require a new resident to wait a year before becoming eligible for welfare benefits that exceeded those from which the resident came.

4. DIFFERENT TYPES OF FEDERALISM

Dual (Layer Cake) Federalism (1789-1930)◦Federal Government supreme in its sphere.◦Art 1-4, 6.

◦States Supreme in their sphere◦Art 4, 10th Amendment

◦Shared Powers◦10th

◦Each level sovereign in its own region ◦But Federal government becoming stronger to

implement: ◦13th, 14th, 15th Amendments

Marble Cake Federalism (Cooperative) 1930’s-1960’s◦Fed interfering in local.

◦Fed provides funds◦States administer◦1930’s Examples:◦Federal Department Insurance Corporation (FDIC)◦Civilian Conservation Corps

Creative Federalism (1960s)

◦Federal Gov and States share costs

◦Guidelines, rules, funds-federal gov

◦Shared financial and administrative responsibilities for some programs

◦Examples: ◦Medicare◦Medicaid◦War on Poverty◦Civil Rights

Competitive Federalism (1970-1980)◦AKA New Federalism

◦Nixon and Reagan

◦ If no compliance◦Penalties◦Equal Opportunities Act (1982): civil or

criminal penalties◦States to develop their own programs

◦Restrictions on other program◦Crossover requirements◦States have to do something in return for the money◦Emergency highway Energy Conservation Act of

1974

5. FISCAL FEDERALISM:

GRANTS IN AID

Grants-in-Aid◦Began before the Constitution was written

◦Land Grants in the early 1800’s◦Cash Grants have increased enormously since 1808

Education grants

Grants Continued

◦Why is federal money attractive to states?

1. The money was there. ◦ Federal government had a surplus

2. The federal government’s income tax. ◦ Great tool for public financing….

3. Federal government had control over the mint◦ Could print money whenever they felt like it.

4. Politically “free” money for the states. ◦ States could get the federal government to be

their sugar daddy.

Grants Continued

◦Grant Effects◦Ballooning National Debt◦States budgets became dependent on federal money.

◦1960’s Federal Government began telling states what to do with the money. ◦$ to poor, crime, pollution, drug abuse. ◦States could not break away from the money.

Different Types of Grants

◦Categorical Grants: money used for a specific purpose, determined by federal law. ◦ States were , states could not adapt them to local use. ◦ Two types: project (applications from indiv and states), formula

(welfare).

◦Block Grants: Several categorical grants lumped together.

◦Only 16 now. Welfare Reform 1996

◦Revenue Sharing: 1972-1986… Provided funding in areas with no requirement from the states to match funds. ◦ Ended Because◦ The amount of money did not grow very fast. ◦ Federal government did attach strings. ◦ Congress and the Bureaucracy loved categorical grants…

enhanced federal control over states.

Block Grants

1. Operational Grants to run things1. Ex: To create a federally funded child care

program.

2. Capital Grants to pay for things1. To build a waste management plant.

3. Entitlement Grants for shifting money1. Medicare and Social Security.

Block Grants

2 Kinds of Federal Control

1. Mandates◦ Usually for civil rights and environment.

◦ Seems good, but some mandates are written vaguely… leading to issues.

◦ Examples◦ American with Disabilities Act 1990

◦ No clear cut definition of “equal access”

◦ US SC has increased this power◦ School Desegregation

Fed Control continued…

2. Conditions of aid: States don’t want the restrictions… don’t take the money◦1/4th of a states income came from the fed. Gov.◦Facing different demands. ◦Fed gov and states each want different stuff.

◦1960’s Washington favored its needs over the states.◦Because of weak political parties, growth of interest

groups, increased activism in the courts.

A Devolution Revolution

◦1994, Republicans began shifting power from national to state governments.

◦This process has led to…◦Second-order Devolution: Power from States to local. ◦Third-order Devolution: From local to non-profit and private organizations.

Why Devolution?

◦3 Reasons1. Belief in devolution.

◦ People distrust the federal government to respond to the people’s needs.

2. The reality of the deficit◦ Republicans in 1994 wanted to fund

entitlement programs through block grants and make major cuts.

3. Views of Americans◦ Most Americans favor cuts in theory,

but not practice.

What keeps federalism alive?◦Several factors keep federalism alive in US.◦Weak Party System◦Political parties used to be strong. Dems voted as a

block.◦Not any more.

◦Congress sees itself as representatives to Washington. ◦Will represent their constituencies.

◦So many levels all have their own ideas.◦Gov vs. Mayor vs. School vs. Union

◦Social diversity◦The Poor prefer a strong federal government/

whereas the Rich prefer stronger local governments