Federalism Chapter 3. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defining...

FederalismChapter 3

Copyright © 2009 Pearson Education, Inc. Publishing as Longman.

Defining FederalismWhat is Federalism?– Federalism: a way of organizing a nation so that

two or more levels of government have formal authority over the land and people

– Unitary governments: a way of organizing a nation so that all power resides in the central government: Canada

– Confederation: United Nations is modern example, US under the Articles, or the Civil War CSA

– Intergovernmental Relations: the workings of the federal system- the entire set of interactions among national, state and local governments


Defining Federalism


Defining Federalism

Why Is Federalism So Important?– Decentralizes our politics

• More opportunities to participate

– Decentralizes our policies• Federal and state governments handle

different problems.– States regulate drinking ages, marriage, and

speed limits.

• States can solve the same problem in different ways and tend to be policy innovators.


The Constitutional Basis of Federalism

Delegated/Enumerated Powers– Federal powers

Reserved Powers – State powers

Concurrent Powers– Shared powers

Prohibited Powers– denied from both– Ex. Neither gov’t can tax exports



The Division of Power– Supremacy Clause: Article VI of the

Constitution states the following are supreme:• The U.S. Constitution• Laws of Congress• Treaties

– Yet, national government cannot usurp state powers.• Tenth Amendment


Elastic ClauseAka – “Necessary and Proper Clause”Art. I, Sec. 8, Cl. 18 - "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers


Commerce clauseArt. I, Sec. 8, Cl. 3 – ‘The Congress shall have power - To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”Congress has used the elastic clause to stretch this powerWhat is commerce? “Buying and selling of goods and services.”Congress given the power to regulate commerce between foreign countries and US as well as state to state… they control business law.



Establishing National Supremacy– Implied and enumerated powers

• McCulloch v. Maryland (1819)

– Commerce Powers • Gibbons v. Ogden (1824)

– Federal Sovereignty• The Civil War (1861-1865)

– The Struggle for Racial Equality• Brown v. Board of Education (1954)



States’ Obligations to Each Other– Full Faith and Credit: Each state must recognize

official documents and judgments rendered by other states.

• Article IV, Section I of Constitution

– Privileges and Immunities: Citizens of each state have privileges of citizens of other states.

• Article IV, Section 2 of Constitution

– Extradition: States must return a person charged with a crime in another state to that state for punishment.


2 Federalisms

TWO METAPHORS…

Dual Federalism – Layer Cake

• Cooperative Federalism – Marble Cake

FederalState


Intergovernmental Relations Today

Dual Federalism– Definition: a system of government in

which both the states and the national government remain supreme within their own spheres, each responsible for some policies

– Like a layer cake– Narrowly interpreted powers of federal

government– Ended in the 1930s



Cooperative Federalism– Definition: a system of government in

which powers and policy assignments are shared between states and the national government

– Like a marble cake– Shared costs and administration– States follow federal guidelines



Fiscal Federalism– Definition: the pattern of spending, taxing,

and providing grants in the federal system– The cornerstone of the national

government’s relations with state and local governments



The Grant System: Distributing the Federal Pie

• Categorical Grants: used for specific purposes; grants with strings attached

– Project Grants: based on merit– Formula Grants: amount varies based on formulas– Ex: Funds if: Drinking age to 21 and BAC to .08

• Block Grants: federal grants given more or less automatically to support broad programs

– Ex: Welfare reform

• Grants are given to states and local governments.



Fiscal Federalism (continued)– The Scramble for Federal Dollars

• $460 billion in grants every year• Grant distribution follows universalism—a

little something for everybody.

– The Mandate Blues• Mandates direct states or local governments

to comply with federal rules under threat of penalties or to receive a federal grant

– Ex: Civil Rights rules: Disabled access to buildings…

– Ex: environmental guidelines: 1990 Clean Air Act

• Unfunded mandates


Change in SpendingShift towards Federal Gov’t Spending

Federal State Local (City)

1929 17% 23% 60%

1939 47% 23% 30%

1960 64% 17% 19%

1997 66% 19% 15%


Understanding Federalism

Advantages for Democracy– Increases access to

government– Local problems can

be solved locally– Hard for political

parties or interest groups to dominate all politics

Disadvantages for Democracy– States have

different levels of service

– Local interest can counteract national interests

– Too many levels of government and too much money



Federalism and the Scope of Government– What should the scope of national

government be relative to the states?• National power increased with

industrialization, expansion of individual rights, and social services.

• Most problems require resources afforded to the national, not state governments.


Devolution

Devolution is the return of power to the state gov Gained strength with “Republican Revolution” in 1990sIdea is fueled by distrust of the federal gov and the desire to save money by reducing the size of the “bloated federal government”


Devolution Example

Personal Responsibility and Work Opportunity Reconciliation Act of 1996Eliminated welfare and transferred the money to states as block grants

• States received wide latitude on how to administer “workfare” but with the knowledge that Congress was counting on anti-poverty spending”

• Strings attached: head of family must work or lose benefit; lifetime benefits limited to 5 years; unmarried mother < 18 only receive $ if stay in school and live with adult; immigrants ineligible for 5 years


SummaryAmerican federalism is a governmental system in which power is shared between a central government and the 50 state governments.The United States has moved from dual to cooperative federalism; fiscal federalism.Federalism leads to both advantages and disadvantages to democracy.


Disaster ReliefWho’s job was it to clean up New Orleans and the rest of the coast after Katrina?


No Child Left BehindShould the national gov’t step in to regulate school performance?

Federalism Chapter 3. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defining...

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