Federalism

Mr. Aas – Sr. Social I (Govt)

Why Federalism?

– FEDERALISM – Federal and State Govt divide their powers

– Ex. – federal taxes and state taxes– Ex – Federal laws (Affordable Healthcare

Act) and state laws (speed limit on I-94)

– The authors of the Constitution wanted to combine a central government strong enough to maintain order with strong states.

Powers of the National Government

– Expressed Powers - Article 1 Sec 8 - enumerated

– Implied Powers - The Necessary and Proper Clause - allows the national government to make decisions that fall outside the expressed powers.

– Inherent Powers - recognized by all sovereign nations. (refuse diplomatic recognition; Presidential powers to execute law)

Powers of State Governments• According to the Tenth Amendment, all

powers that were not delegated to the national government.

• Police power, the authority of the STATE to legislate for the protection of: – Health (stop spread of disease)– Morals (homosexual marriage)– Safety (crime/punishment)– Welfare (public assistance)

Concurrent and Prohibited Powers

– Concurrent Powers. Shared by both the national and state governments. •Examples: power to tax, the make

and enforce laws and to establish courts, and to a limited extent, the police power.

– Prohibited Powers. Apply to both the national and state governments. •The national government is

prohibited from taxing exports. State governments are prohibited from conducting foreign policy and from coining money.

Supremacy Clause

– Article VI of the Constitution mandates that actions by the national government are supreme.

– Any conflict between a legitimate action of the national government and a state will be resolved in favor of the national government.

Interstate Relations– Article IV of the Constitution

attempts to resolve potential problems between states by stipulating the following:•Full faith and credit clause—states must honor actions of other states.

Defining Constitutional Powers

– McCulloch v. Maryland (1819). Affirmed that the power of Congress is not strictly limited to the expressed powers. Marshall held Congress has implied powers to carry out the expressed powers. (Supremecy Clause)

The New Deal and Cooperative Federalism

– New Deal legislation vs. Dual Federalism– Cooperative federalism emphasized an

expanded role for the national government, and cooperation between the national government and the states.

– Roosevelt’s programs typically were funded by the federal government, but administered by states and local governments, thus creating a cooperative framework for federalist relations.

Implementing Cooperative Federalism

• Categorical Grants - Specific Purpose– Medicaid/Food Stamps– “Strings-Attached” Federal Grants

• Block Grants - – Homeland Security Grant & TANF

AKA - TANF

• Temporary Assistance to Needy Families (Block Grant)

• Let states establish "family caps" to deny additional benefits to mothers for children born while the mothers are already on public

assistance.

Federalism & Tribal Sovereignty

– Tribal self-government was not extinguished w/ Constitution

– Indian relations are the exclusive, legal concern of Congress not the states

– 14th Amendment – Indians were granted federal citizenship and state citizenship