Defining federalism

Citizens elect officials to each level of govt Each level of government taxes citizensEach level has a primary responsibility for

certain areas of public policy

Unitary System

Power is in hands of national governmentSubnational units are administrative, not

political– School text in France and US

How many govts are there?

1 federal government50 state governments3,000 counties19,000 municipalities Townships 17,000 14,000 School districts31,555 Special districts (i.e. Port Authority)

Constitutional Basis

Article 1, Section 8 – Congress shall do what is "necessary and

proper" and “general welfare” Article 6-Supremacy Clause

– "supreme law of the land" 10th Amendment

– powers not delegated to federal gov’t are "reserved to the states" (or the people)

Dual or Traditional Federalism

– 1789-1937, Layer cake model– two distinct layers of government– Separate powers and spheres of influence

• Feds, internal improvements, tariffs, etc

• States- commerce, banking, insurance, slavery, health, education, criminal, etc

– Hammer v. Dagenhart (1918).

The Demise of Dual Federalism

Great Depression, 25% of the entire workforce unemployed

Federal Emergency Relief Act of 1933 and first 100 days

Switch in time that saved 9up to Congress, not the courts, to decide

what constitutes the general welfare

Cooperative Federalism

Eisenhower Era– Interstate Highways– Urban Renewal– Airport Construction

Great Society programs– Medicaid and Medicare – Education Aid– Model Cities

Today– Clinton crime, education policy– Bush drug, education policy

Categorical grants

Transfer of funds from feds to statesUsed to deal with national problems interstate highways, poverty, crime,

education, pollution Categorical grants specified use of money

– Alabama Syndrome

Marble Cake Federalism

What does a marble cake look like?Example of Saratoga County Public health

officerHard to find any governmental activity

which does not involve all three levels of federal system

New Federalism

1968-presentReduce the power of the national

government Reduce aid to urban minorities (Model

Cities, War on Poverty)

Block Grants

provided unrestricted grants to states and localities

Entitlement, not competition

Reagan’s New Federalism

More block grants, less moneyFederal aid to state and local govts fell by

39%.Buffalo 1977- 31% of their revenues from

Washington, by 1992 they got only 6%.

Reagan’s New Federalism

Cake Analogy?– You can make any kind of cake you want– You have fewer ingredients– Have to pay for it yourself cake

Popular Support

In which of the following people in government do you have the most trust and confidence?– Federal government 19%– State government 22%– Local government 37%

Popular Support

Which level of government does the best job of dealing with the problems it faces– Federal government 14%– State government 21%– Local government 41%

Coercive or Regulatory Federalism, 1980-

Democratic Unfunded Mandates– Asbestos Hazard Emergence Act of 1986– Safe Drinking Water Act 1986– Americans with Disabilities Act of 1990– National Voter Registration Act of 1993

GOP Unfunded Mandates– No Internet taxation

Baking Analogy- You can have any cake you want as long as it has chocolate

Constitution & Federalism Redux

Fed #51 “ a double security against majority tyranny”

Divide the power of government within the levels of government (sep of powers) but also across governments (between state and national governments)

Different governments will control each other against the oppression of governments

Constitution

Article 1, Section 8 – Congress shall do what is “necessary and

proper” to promote “interstate commerce”

10th Amendment – powers not delegated to federal government

are "reserved to the states or the people”

Supreme Court’s changing interpretation of the commerce clause

Revisiting the Commerce Clause

21 drinking Age and highway fundingUS v. Lopez

– Gun Free School Zones Act of 1990– Does it relate to commerce

Violence Against Women Act

What does it do?Facts of Brzonkala v. MorrisonIs it constitutional?What are consequences for limited

government if VAWA is constitutional?

VAWA

Federal civil rights remedy for rape victims– “all persons within the United States shall

have the right to be free from crimes of violence motivated by gender... . "

– Victims of a "crime of violence motivated by gender" may bring a civil action against his or her attacker in federal court

Brzonkala v. MorrisonFederalism and limited government

Why Federalism Matters

Determines who pays (welfare $148 v. $360)

Determines how much uniformity of policy there will be (death penalty)

Determines who makes the decisions (textbooks)

Determines accountability

Basic Tradeoff

a more centralized system is likely to be more uniform, equitable, and accountable

decentralized system is likely to be more democratic and flexible

Who should make decision on…

MarriageDeath penaltyEnvironmental standardsEducationGun ControlWelfare reform

Benefits of Federal System

Diversity of Needs Enhances popular sovereignty Proximity to Citizens Local control Innovation and Experimental Lab

Disadvantages of Federalism

exacerbates economic inequalities.justice varies from state to state allows local minorities to block the will of

national majorities (civil rights)Spillover effects and competition

Regulatory Federalism

1980- current eraNatl govt sets standards for states and coerces states to

meet goalsNatl Standards: eliminate discrimination in public

employment, upgrade prison conditions, offer classroom instruction in the native language of foreign students, provide wastewater treatment at advanced technological levels, protect the health and safety of workers in private industry, provide a free public education to handicapped children.

Rise in Unfunded mandates

General Trends

Primary constraints are political, not constitutional

Federal role is reducedIntense state experimentation Bipartisan belief in devolution