Chapter 3: Federalism

Matching: Federalism TypesFEDERALISM, COOPERATIVE FEDERALISM, FISCAL FEDERALISM, DUAL FEDERALISM, NEW FEDERALISM

1. National and state governments are completely separate and should be kept separate

2. How revenue sharing is determined among/between levels of government

3. National and state governments sharing authority and/or powers

4. Devolution: certain powers should be transferred from the national govt. back to the states

5. National, state, and local governments work collectively to solve common problems rather than making policies separately

Federalism:the sharing and division of power between national, state, and local government

Introduction

Anti federalists feared the power of the national government- concerns realized throughout American history

(Ex: Education)

Shared power between federal and states allows both to influence policy

Intergovernmental disputes rose over slavery.

Business and Social Welfare Debates- Does the federal govt. have the right to intervene?

Founder’s Plan10th Amendment (Bill of Rights) limits the national

govt.

- states the Constitution's principle of federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people

Supreme Court has used the 10th Amend. to give more state sovereignty.

RIGHT SIDE:

You feel that in order to run an effective and non conflicting government, the national government, state governments, and local governments should have clearly separated powers and must operate within their own matters concerning these powers.

LEFT SIDE:

You feel that in order to run an effective and non conflicting government, the national government, state governments, and local governments, ALTHOUGH HAVING SEPARATE POWERS, must cooperate and work together on certain powers and matters for the best interest of the citizens.

Federalism

COOPERATIVEDUAL

Dual Federalism

Both national and state governments are supreme in their “own spheres”

- spheres should be kept separate

Printz v. U.S. 1997

- Federal law requiring background checks for gun purchase was ruled to violate the 10th Amendment

* States can do anything that is not prohibited in the Constitution or by the federal govt.

Police power:

states’ power to put laws and regulations into place for safety, health, and morals (education, criminal codes, etc.)

Cooperative Federalism

National, state, and local governments interact cooperatively to solve common problems, rather than making policies separately

Ex: Interstate v. Intrastate Commerce

Gibbons v. Ogden 1824

- Constitution’s commerce clause gives national govt. power to regulate interstate commerce

- expanded federal power!

Fiscal Federalism

How revenue sharing is determined among/between levels of government

New Federalism/Devolutionmovement to transfer responsibilities of

governing from federal to state and local governments

Trend since 1980s and 1990s

Governors are looking to reduce budgets by reducing public employee benefits.

Systems of Government

Unitary:

federal/central government has starting authority

Confederate:

state governments have starting authority

Federal:

federal, state, and local governments share authority

McCulloch v. Maryland 1819

Could Congress charter a national bank?

YES, via the commerce clause… to regulate commerce & money AND under the “necessary and proper” clause (elastic clause)

- Article 1 of Constitution: “allowing Congress to pass all laws necessary and proper to its duties.”

Could states tax a federal bank?

NO, due to the Supremacy Clause

**Increased federal power!

Nullification

states had the right to declare null and void a federal law that they believed violated the Constitution

- issue was settled by the Civil War

- union is indissoluble, states can NOT nullify federal law

Supreme Court later confirmed this position.

What States Can Do Education, healthcare, social welfare, criminal justice and law

enforcement, roads/highways, taxes

State Constitutions

- Initiative (50% of states):

voters can place a legislative measure on a ballot by a 5-15% amount of signatures of past election voters (petition)

- Referendum (50% of states):

voters can reject a piece of legislation passed by state legislature on a ballot

- Recall (only 20 states):

voters can remove an elected official from office

The Contemporary Politics of Federalism

SHOW INTRO., BASICS, & IN THE REAL WORLD!

Grants-In-AidMoney given to the states by the national government

Allows federal government to spend money for purposes not authorized by the Constitution.

1960s shifted from state interests to national interests

State and local lobbyists want less strings attached

Attractive to states for the following reasonsFederal budget surplusesFederal income tax increased revenuesFederal control of money supply “Free” money to states

Types of Grants-in-AidCategorical grants:

federal grants for specific purposes (specific categories)

(airports, bridges, highways, education)

Often require local matching funds

National govt. has more power

State agencies live and die off these

Supervising committees in Congress favor these type of grants.

Types of Grants-in-AidBlock grants:

large amount of money given to the states by the federal government with state freedom to use for “general use” purposes (few restrictions)

States prefer these rather than categorical

Grew more slowly due to the differences between the political coalitions that supported each.

Project Grant

Categorical grants that fund specific projects and services within the states

Formula Grant

Categorical grants allocated based on a “decision rule”

Purpose is to allocate funding based on “quantifiable” variables (X amount of dollars per public school pupil) 

Federal Aid & Federal ControlConditions of aid:

terms/conditions set by the national govt. in order to receive federal funding

Mandates:

Federal rules that states must obey whether or not they receive federal grants

Ex. Civil rights and environmental protection

Waivers can exempt some parties

Can result from court decisions (desegregation)

Incorporation Doctrine Certain amendments in the Bill of Rights MUST apply to

states, not just be protected under national circumstances (1st, 4th, 5th, 6th, 8th, 9th, 14th, 15th)

Began in 1920s

Constitutional Doctrine to “incorporate” rights

Bill of Rights provisions were made to protect from federal abuses.

14th Amendment extended the Bill of Rights to the states via the due process clause.