FEDERALISMNational Government vs. State Governments

FEDERALISM AND THE CONSTITUTION

• Federalism as a Madisonian device• A way to limit federal authority (see

Federalist 10 and 51)• The division of powers between two

sovereign governments• It helps to address the diverse nature of our

country (allows for local control)• State governments were well established and

people trusted them

EXPLANATION FOR FEDERALISM

“…it clearly appears, that the same advantage which a republic has over a democracy, in controlling the effects of faction, is enjoyed by a large over a small republic-is enjoyed by the Union over the States composing it…The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States.” Madison Federalist #10

CONSTITUTIONAL BASIS OF FEDERALISM

• A strong national government– Article I, Section 8 grants government many broad powers,– but government also given powers to create all laws

“necessary and proper” (elastic clause)– Article VI establishes the supremacy of the Constitution

• Powers prohibited to the states– States denied from doing things that conflict with national

government such enter treaties, coin money, keep troops or navies, make war levy import, export taxes

– States left with the local powers of governing the welfare, health, safety and morals of its people

• National government limited– Article I, Section 9 establishes powers denied to federal

government– 10th Amendment grants states powers not granted by the

Constitution to the national government (who wins if a conflict between the elastic clause and 10th Amendment)

DIVISION OF POWER

Expressed Powers—delegated to National Government Lay and collect taxes, coin money, regulate trade,

declare war, maintain armed forces Powers to the President; 16th Amendment

Implied Powers—necessary and proper clause Interstate highway system, kidnapping across state

lines, banning racial discrimination (power to regulate commerce)

Powers denied—Bill of Rights, silence of Constitution

DIVISION OF POWERS

National Powers Concurrent Powers State Powers

Coin Money Levy and collect taxes Regulate trade within the State

Regulate interstate and foreign trade

Borrow money Establish public schools

Raise and maintain armed forces

Establish Courts Pass license requirements for professionals

Govern US territories and admit new States

Define crimes and set punishments

Regulate alcohol

Conduct foreign relations

Claim private property for public use

Conduct elections

Declare War Establish local governments

LAYER CAKE VS. MARBLE CAKE FEDERALISM

People

Federal gov’tStates

FISCAL FEDERALISM-SPENDING, TAXING AND PRODUCING GRANTS IN THE FEDERAL SYSTEM

Categorical grants-money given to states for a specific purpose, but there are conditions• Interstate Highway Act-

governments pay 80% of cost of highway construction, but must be built to government specifications

• States must establish a highway beautification program or lose 10% of its funding

• Or Cross over sanctions Funds withheld for highway

construction unless the drinking ages of the states are raised (South Dakota v. Dole)

Block grants-money given to states, but less strings attached Giving money to states

to decrease emissions Money given to the

states for welfare, but the states come up with the system that helps them best

Revenue Sharing-money given to states with tax revenue and no strings attached (1972-1987)

THE NATIONAL GOVERNMENT’S CONTRIBUTIONS TOSTATE AND LOCAL GOVERNMENT EXPENDITURES

TRENDS IN NATIONAL GOVERNMENTGRANTS TO STATES AND LOCALITIESTHE ISSUE: HEALTH COSTS!

DEVOLUTION

Local control Experimentation Local governments able

to adapt to local needs leading to greater efficiency

Traditional interpretation of the states’ power to regulate health, welfare and safety

Regional disunity Fiscal responsibility

of Congress Oversight “Irresponsibility” of

states Need to accomplish

national goals with federal dollars

Advantages Disadvantages

INTERSTATE RELATIONS

Article IV—Full faith and Credit Clause Any legal decision,

record and public acts of a State has to be recognized by other States Marriages Drivers licenses Birth certificates Divorces Damage award

Extradition

Privileges and Immunities—states can’t play favorites between their citizens and out of state citizens Except

Holding public office Professional licenses Hunting licenses In-state/out-of-state

tuition