Federalism
description
Transcript of Federalism
A political system where there are national and local units of government that can make decisions on some governmental activities.
Federalist 39 The Constitution “is in strictness, neither a national nor a federal constitution, but a composition of both” Federalist 46 Both the state and federal governments “are in fact but different agents and trustees of the people”
Federalist 28 “…if their (the people) rights are invaded by either, they can make use of the other as an instrument of redress”
National Government
States
The People of the State
Sovereignty Sovereignty is sharedis shared
Both national Both national & state gov & state gov have power have power over the peopleover the people
States
Central Government
The People of the state
States sovereignStates sovereign
States enter for States enter for defense / tradedefense / trade
Sovereignty wholly Sovereignty wholly in the hands of the in the hands of the national governmentnational government
Local government can be Local government can be altered/abolished by altered/abolished by national governmentnational government
“…a Federal Republic”
• No historical precedent• Both levels of government would have certain
powers, but neither would have supreme power• Different agents/trustees of the people• If people’s rights are invaded by either, they can
make use of the other as the instrument of redress• 10th Amendment – an afterthought• Different interpretations by different Framers
Two Views…Two Views…
• “Parasitic and Poisonous”
Harold Laski
• “Main effect of federalism since the Civil War has been to perpetuate racism”
William Riker
• “virtue of the federal system lies in its ability to develop and maintain mechanisms vital to the perpetuation of the unique combination of government strength, political flexibility, and individual liberty…”
– Daniel Elazer
FEDERALISM
• Protects powerful local interests
• Caters to self-interest of corrupt politicians
• Maintains racial segregation
• Protects vested interests• Facilitates corruption
• Mobilizes political activity
• Promotes individual liberty
• Attacks segregation• Regulates harmful
economic practices• Purifies politics before
ideas gain national support
Effects of Federalism…
Mobilizes political activity
•More people will become involved in political activity
•Decentralizes authority
•Lowers the cost of organized political activity
McCulloch v. Maryland (1819)
• Does Congress have the power to establish a bank?– Is it an enumerated
power?
– Article 1, sec 8
– Is it a delegated power?
• If Congress does have the right to establish a bank, can a federal bank be taxed by a state?
State / Federal Conflicts
»Nullification
»Dual Federalism
»Interstate v. Intrastate Commerce
»State Sovereignty
Social
Economic
20TH Century
Imbalance of power between national and state governments
National gov. assumed more responsibility/authority to deal with issues
GRANTS IN AID•Land grants by government to finance education
•State universities built with land grant money
•Congress gave $200,000to pay for militia
1925 $114 million
1937 $300 million
1985 over $100 billion
1994 15% of total federal spending/
25-30% of state budgets from feds.
5 Largest Programs
• Low income housing
• Medicaid
• Highway construction
• Services to unemployed
• Welfare for disabled & mothers dependent children
REASONS WHY FEDERAL MONEY WAS ATTRACTIVE TO STATE OFFICIALS
Practical Reasons:
•Helped state and local governments solve problems
•Gave states access to tax money of the fed. Gov.
•Washington pays bills / states run programs
Economic Reasons:
•Federal gov. had surplus of money in budget
•Federal income tax
•Federal control of money supply
•Federal authority to print more money if needed
Political Reasons:
Free money for state projects
a. whole country pays, not just the state
b. money to one state literally guaranteed money to all states
1960’s Shift
From what states demanded…
To what feds considered national need
Combat crime
Reduce pollutionDeal with drug abuse
Aid to the poor
• CATEGORICAL GRANTS
• For a specific purpose• “strings attached”• States must match
some of grant $• Conditions –in - aid
• BLOCK GRANTS
• General rather specific purpose