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Copyright 2009 Pearson Education, Inc., Publishing as Longman Longman PoliticalScienceInteractive Magleby & Light Government by the People Chapter 3 American Federalism Slide 2 Copyright 2009 Pearson Education, Inc., Publishing as Longman Impatient with the lack of action by the national government, in 2002 California required that vehicle carbon dioxide emissions be reduced by 30 percent starting in 2009 In 2003, the EPA ruled that carbon dioxide was not a pollutant and could not be regulated California has since sued the EPA Debates Over the Relationship of the National Government and the States: Californias Emissions Standard Battle with the EPA Slide 3 Copyright 2009 Pearson Education, Inc., Publishing as Longman Defining Federalism Federalism Constitutional arrangement whereby power is distributed between a central government and subdivisional governments (eg., states). The national and the subdivisional governments both exercise direct authority over individuals. Slide 4 Copyright 2009 Pearson Education, Inc., Publishing as Longman Versions of Federalism Dual Federalism Views the constitution as giving a limited list of powers to the national government, leaving the rest to sovereign states Cooperative Federalism Federalism as a cooperative system of intergovernmental relations in delivering goods and services to the people Marble Cake Federalism As the colors are mixed in a marble cake, so functions are mixed in the American federal system Competitive Federalism Views the levels of government as being in competition to provide packages of services and taxes Slide 5 Copyright 2009 Pearson Education, Inc., Publishing as Longman Versions of Federalism Permissive Federalism Powers are shared, but state power rests upon the permission and permissiveness of the national government New Federalism Presumes that the power of the federal government is limited in favor of the broad powers reserved to the states Slide 6 Copyright 2009 Pearson Education, Inc., Publishing as Longman Alternatives to Federalism Slide 7 Copyright 2009 Pearson Education, Inc., Publishing as Longman Federalism and Confederation Slide 8 Copyright 2009 Pearson Education, Inc., Publishing as Longman Why Federalism? Limit tyranny Unity without uniformity Encourage policy experimentation Training for national officials More arenas for public participation Slide 9 Copyright 2009 Pearson Education, Inc., Publishing as Longman Powers of State and National Government Slide 10 Copyright 2009 Pearson Education, Inc., Publishing as Longman Powers of the National Government Delegated powers Implied powers Necessary and proper clause Express powers Inherent powers Slide 11 Copyright 2009 Pearson Education, Inc., Publishing as Longman Constitutional Pillars Enabling National Government Expansion National supremacy article Preemption War power Power to tax and spend Federal mandates Power to regulate interstate and foreign commerce Commerce clause Gibbons v. Ogden United States v. Lopez Gonzales v. Raich Slide 12 Copyright 2009 Pearson Education, Inc., Publishing as Longman Powers of the States Reserve powers Concurrent powers Slide 13 Copyright 2009 Pearson Education, Inc., Publishing as Longman Number of Governments in the United States Slide 14 Copyright 2009 Pearson Education, Inc., Publishing as Longman Interstate Relations Full faith and credit clause Interstate privileges and immunities Extradition Interstate compacts Slide 15 Copyright 2009 Pearson Education, Inc., Publishing as Longman The Federal Courts and Federalism: McCulloch v. Maryland (1819) Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional. The power to tax involves the power to destroyIf the right of the States to tax the means employed by the general government be conceded, the declaration that the constitution, and the laws made in pursuance thereof, shall be the supreme law of the land, is empty and unmeaning declamation. Doctrine of Implied National Powers Doctrine of National Supremacy Slide 16 Copyright 2009 Pearson Education, Inc., Publishing as Longman The Great Debate: Centralists versus Decentralists Centralism Supporters: Chief Justice John Marshall, Presidents Abraham Lincoln, Theodore Roosevelt, and Franklin Roosevelt, and the Supreme Court for most of its history Position: The central government should be denied authority only when the Constitution clearly prohibits it from acting Decentralism Supporters: Anti-Federalists, Thomas Jefferson, Supreme Court from 1920s to 1937, and Presidents Ronald Reagan and George W. Bush Position: Views the Constitution as a compact among states that gives the central government very little authority Slide 17 Copyright 2009 Pearson Education, Inc., Publishing as Longman The Supreme Court and the Role of Congress Beginning in 1995, justices interested in granting more deference to state authority gained a slim five-to-four majority in the Supreme Court The Constitutional Counterrevolution A return to an older version of federalism not embraced since the constitutional crisis over the New Deal in the 1930s Slide 18 Copyright 2009 Pearson Education, Inc., Publishing as Longman Regulatory Federalism FEDERAL GRANTS: Supply state and local governments with revenue Establish minimum national standards (eg., highways, clean air) Equalize resources among the states Attack national problems, yet minimize the growth of federal agencies Slide 19 Copyright 2009 Pearson Education, Inc., Publishing as Longman Types of Federal Grants In 1996 there was a shift from categorical grants to block grants 2 types of categorical grants: Formula grants Project grants Block grants Far more flexible Purposes of Federal Grants to State and Local Governments Slide 20 Copyright 2009 Pearson Education, Inc., Publishing as Longman The Politics of Federal Grants The Republican Contract with America called for devolution the transfer of political and economic power to the states For example: Welfare Slide 21 Copyright 2009 Pearson Education, Inc., Publishing as Longman The Politics of Federal Grants: Devolution Slide 22 Copyright 2009 Pearson Education, Inc., Publishing as Longman New Techniques of Federal Control Total and Partial Preemption Crossover Sanctions Cross-Cutting Requirements Direct Orders Slide 23 Copyright 2009 Pearson Education, Inc., Publishing as Longman The Growth of National Government Why has the power of the national government grown over the last two centuries? Industrialization Great Depression WWII Political leaders promotion of federal initiatives Slide 24 Copyright 2009 Pearson Education, Inc., Publishing as Longman The Future of Federalism During recent decades, state governments have become stronger than ever. - Increasingly aggressive on economic and environmental matters - Questionable effect on minority rights Even so, the persistence of international terrorism, the wars in Afghanistan and Iraq, and rising deficits all ensure a substantial role for the national government in the years to come.