Federalism

Chapter 3

Or the Incredibly Shrinking 10th Amendment

Defining Federalism

Which is most common? Why?Is one system more democratic?

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.

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

HOT Federalism Topics

Gay Marriage

Health Care

Medical Marijuana

The Constitutional Basis of Federalism

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.

Intergovernmental Relations 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 1930’s

Intergovernmental Relations Today

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

How and why did we move from dual to cooperative federalism?

Intergovernmental Relations Today Fiscal Federalism

Definition: the pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments

Intergovernmental Relations Today

Fiscal Federalism (continued) The Scramble for Federal Dollars

• $460 billion in grants every year (very competitive among the states)

• 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 as a condition of receipt of a federal grant.

• Do your parents use money to get you to behave the way they want?

• Unfunded mandates/EX. ADA)

Fascinating!

2002 QUESTION

The terms “fiscal federalism” and “cooperative federalism” refer to situations in which

A. The fed. Govt. completely dominates state and local govts.B. States are forbidden any activity that has not been specifically

approved by the Supreme CourtC. The fed. Judiciary uses its power of judicial review to ensure

congressional dominance over state legislaturesD. state, municipal and local income taxes are pooled by special

agreement and redistributed in accordance with individual needE. Federal, state, and local govts work together to complete a

project, with federal govt providing much of the project fundingAnswer: E

Intergovernmental Relations Today

Intergovernmental Relations Today

Fiscal Federalism (continued) The Grant System: Distributing the

Federal Pie• Categorical Grants: federal grants that can be

used for specific purposes; grants with strings attached

• Project Grants: based on merit• Formula Grants: amount varies based on

formulas (often per capita income)

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

• Grants are given to state & local governments.• How the Federal Government gets State

Government to comply

2002 QUESTION

States and localities have the most discretion in establishing policy when federal funding is derived from

A. Categorical grantsB. Matching grantsC. Block grantsD. Project grantsE. Grants-in-aidAnswer: C

1994 QUESTION In contrast to revenue sharing, categorical grants

provide state and local governments withA. Substantial discretion in deciding how to use the

grants to solve their problemsB. Aid that reflects tax base and populationC. The power to impose regressive taxesD. Funds sufficient to support a high level of local

serviceE. Funds to administer programs clearly specified by

the federal government

Answer: E

2002 QUESTION

Which of the following actions by the federal govt best illustrates the concept of unfunded mandates?

A. Requiring that polling booths remain open beyond the hours of the workday

B. Requiring states and municipalities to provide certain services for their citizens without providing resources to pay for those services

C. Requiring state governments to guarantee short-term bonds issued by large municipalities in their states

D. Requiring all municipalities to impose a minimum property tax on all residential and business properties

E. Requiring states and municipalities to privatize many previously publicly funded services.

Answer: B

The Constitutional Basis of Federalism

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:

10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Does this give the states significant power?

Slide 20

The Constitutional Basis of Federalism

Establishing National Supremacy Implied (Art 1, Sec 8 end) and enumerated powers; commerce powers (Art 1, Sec 8 3rd)

• McCulloch v. Maryland (1819)• http://www.youtube.com/watch?v=oI

Zyvppyxmg&feature=related (7:10)

• Gibbons v. Ogden (1824) The Civil War (1861-1865) The Struggle for Racial Equality

• Brown v. Board of Education (1954)• Heart of Atlanta (1964)

1999 QUESTION

The reserved powers of the state governments can best be described as those powers

A. Not specifically granted to the national govt. or denied to the states

B. Implied in the 5th amendmentC. Listed specifically in the 10th amend.D. Exercised by both nat. and state govt.E. Granted to states as part of the implied powers

doctrine

Answer: A

1999 QUESTION

In McCulloch v. Maryland, the Supreme Court established which of the following principles:

A. States cannot interfere with or tax the legitimate activities of the fed. Govt.

B. The judicial branch cannot intervene in political disputes between the Pres. And Congress

C. The fed. Bill of Rights places no limitations on the statesD. The federal govt. has the power to regulate commerceE. It is within the judiciary’s authority to interpret the constitution

Answer: A

2002 QUESTION

Of the following, which has been used most to expand the power of the national government?

A. The commerce clause of the ConstB. The habeas corpus clause of the ConstC. The bill of attainder clause of the ConstD. The 1st amendmentE. The 5th amendment

Answer: A

1994 QUESTION All of the following are consequences of the federal

system in the United States exceptA. inequality in government services across subnational

entitiesB. Opportunities for experimentation in government

programsC. Multiple points of access for interest groupsD. Decentralization of political conflictE. A strict division of power among levels of government

Answer: E

2005 FREE RESPONSE The power of the federal govt relative to the power of

the states has increased since the ratification of the Const

a. Describe two of the following provisions of the Const and explain how each has been used over time to expand fed power: Power to tax and spend, “Necessary and proper” or “elastic” clause, commerce clause

2005 FREE RESPONSE The power of the federal govt relative to the power of

the states has increased since the ratification of the Const

a. Describe two of the following provisions of the Const and explain how each has been used over time to expand fed power: Power to tax and spend, “Necessary and proper” or “elastic” clause, commerce clause

Summary American 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.