Federalism

Federalism Defined

Political system with local government units, besides

national one that can make final decisions regarding some

governmental activities and whose existence is protected

A New System

Unitary SystemStrong Central Government

Trampled on Liberty

Confederate SystemWeak Central Government

Couldn’t Protect the People

NATIONAL NATIONAL

STATE STATE STATE STATESTATESTATE

Federal SystemSplit Powers

Between State and National

NATIONAL

STATE

A New System

• The plan had no historical precedence• The idea was neither the Federal nor

State governments would ever dominate over the other since the power comes from the people, and the people would shift their support

Federalism in the ConstitutionTypes of Powers

Expressed PowersPowers granted to the Federal Government (Article 1, Section 8)Reserved PowersPowers reserved to the States by the 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”)Concurrent PowersPowers that both the Federal and the State Governments hold to some extent (Taxation, Construction, Etc…)

Two Theories of Federalism

Dual Federalism• The national and state

governments are partners, and co-equals, sovereign in their own areas

• Belief that the federal government only can act in areas specifically stated in the Constitution

Cooperative Federalism• The national

government is supreme over the states.

• The state governments act as agents to help design programs that go along with the national interest

The Tenth 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.

The Supremacy ClauseThis Constitution, and the Laws of the United States

which shall be made in Pursuance thereof; and all

Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any

Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Evolution of Federalism

Dual Federalism

The easiest way to picture how Dual Federalism Works is to picture this…..

Dual Federalism is referred to as LAYER CAKE federalism. In this case the layers exist

independently of the other layers. There is no interaction between them. Each is

responsible for their own flavor.

Federal Government

State Government

Local Government

Evolution of Federalism

Founding until 1930s (Dual Federalism)Although, for the most part, the federal

and the state government remained independent of each other, certain

things chipped away at the balance of power between the two.

Evolution of Federalism1819: McCulloch v. Maryland

• Ruled of the existence of “Implied Powers.” Powers not specifically given to the

government but implied by the “elastic” or “necessary and proper clause”

• Ruled that the Federal Government was supreme and immune from state challenges

such as taxes

1824: Gideon v. Ogden• Congress's right to regulate commerce

under the Commerce Clause could be "exercised to its utmost extent, and

acknowledges no limitations, other than those prescribed in the constitution...“

Nullification• The doctrine that a state can declare a

federal law null and void, if the state believes it is unconstitutional. Used by the South against efforts to limit or abolish Slavery.

The Civil War answer that question

Dual Federalism Breaks Down

• As time went on Dual Federalism erodes due to several factors– Defining “Intrastate” and “Interstate” Commerce

• As the economy grew due to advance in technology and transportation it became impossible to differentiate between the two. By 1940s almost all commerce was considered “interstate.”

– Expansion of the definition of Commerce• By far the biggest way the national government has expanded

its power is through redefinition of “commerce.” Today “pollution”, “crime”, and “education” all fit into “commerce” in some way.

Cooperative Federalism is referred to as MARBLE CAKE federalism. In this case the

layers get mixed in with each other to where it is impossible to separate them from one

another. Usually it results in one flavor being the dominant one.

Evolution of Federalism

Cooperative Federalism

The easiest way to picture how Cooperative Federalism Works is to picture this…..

FEDERAL GOVERNMENT

STATE GOVERNMENT

Era of Cooperative Federalism

Like all great relationships….

The relationship between State and Federal Government is defined by $$$

Grants-in-Aid

Definition: Money (or resources) given by the national government to the states.

Land Grants: Began even prior to Constitution. Land was given to the states and then sold, the proceeds used to finance Universities (land-grant colleges)

Cash Grants

• Began in 1808, but remained relatively few• Increased Dramatically in the 20th Century. – Federal Surplus– Income Tax led to increase in revenue– Federal Government controlled money supply– States liked the money (spend none of the money but

take all of the credit for the project)• Leads to National Legislature voting for everybody’s

projects so they would have support for theirs.

Cash Grants

• 1920s to 1950s these grants were PROJECT GRANTS. States would design the project, the federal government would provide funding for it.

• 1960s the Federal Government started taking the lead and designing programs to fulfill “national needs.” Hard for states to counter since the states had become dependent on federal money.

Types of Grants

• Land Grants• Project Grants• Categorical Grants– Money given for a specific purpose defined by federal law.

• Block Grants– Money from the national government that states can spend

within broad guidelines.• Revenue Sharing– Federal sharing of a fixed percentage of its revenue with the

states (no longer used)

Federal Aid and Control

Conditions of AidIf States meet

certain conditions then the States will

receive certain federal funds.

MandatesTerms set by the

national government that states must meet.

Federal Mandates

• Most mandates revolve around civil rights or environmental protection.–Problems• Sometimes vague in terms of definitions or

estimated costs• Unfunded Mandates–Requirement by Federal Government that is

not paid for by Federal Government (Americans with Disabilities Act)

Effects of Federalism

• Negative– Entrenches Powerful Local Interests• Civil Rights, Voting, Segregation

• Positive– Diversity in Power– Lowers Cost of Political Activity– “Laboratories” of Democracy

Positive Effects of Federalism• Diversity in Power

– With the number of political offices at all levels of government (federal, state, local) it allows for a more diverse group of leaders to influence the direction of government.

• Lowers Cost of Political Activity– By placing levels of government closer to the people it lowers the

costs (economic, time, etc) for them to interact and influence government.

• “Laboratories” of Democracy – By allowing states to use their own plans or programs to solve

problems it allows for innovative thinking that can be used by other states or the federal government if it works.

Chapter 3 Quiz Mark (A) for True and (B) for False

1. The federal courts were established in the Constitution to interpret laws passed by Congress and enforced by the President.

2. Concurrent powers are those powers given to the federal government exclusively

3. In a federalist system of government, the states hold the majority of decision making power.

4. Under the Constitution, the rights of the individual are absolute and cannot be limited in anyway.

Chapter 3 Quiz Mark (A) for True and (B) for False

5. Constitutional amendments may originate only in Congress.

6. Only the President can declare war.7. A block grant contains many conditions that

states must follow when spending money.8. Dual Federalism means that states and the

federal government have their own separate areas in which they act.

Chapter 3 Quiz Mark (A) for True and (B) for False

9. A mandate requires the states to follow conditions set forth by the federal government or else they do not receive funding.

10. Reserved powers are powers that are not granted to the Federal Government and are left to the States.