FederalismObjectives:•Identify ways Constitution determines the powers of state & national governments•Understand the relationship of implied powers to enumerated powers.•Compare the contrasting forms of dual & cooperative federalism.

Bell Ringer:Gibbons v Ogden handout

Homework:Chapter 3 Overview due next classReading QuizUnit 1 Test Friday (A) and Monday (B)

FederalismObjectives:•Identify ways Constitution determines the powers of state & national governments•Understand the relationship of implied powers to enumerated powers.•Compare the contrasting forms of dual & cooperative federalism.

Bell Ringer:

Imagine that you are a state official in charge of creating a program designed to reduce high school dropout rates. Also assume that you want to have as much freedom in the process as possible. In order to finance your program, however, you require the assistance through federal grants. Using your knowledge of the different types of grants available from the federal government (categorical, block, etc.), which type would you prefer to receive for your program, and why?

Homework:Unit 1 test next classSupreme Court cases – McCulloch and Gibbons packetUnit 1 essay due Thursday (A) and Friday (B)

What is Federalism

A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).

A system where national and state governments each have defined powers, with some being shared by both and some being denied to both.

Defining Federalism

Examples

Unitary: Britain, IsraelConfederate: Canada, European Union Federal: United States, Germany, Mexico

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.

Federalism & the Constitution

The Federal Government has

expressed powers specifically granted in the Constitution

(tax, regulate commerce, declare

war, etc.)

The Federal Government has

implied powers from the necessary & proper clause or

“elastic clause” (ex: create a national

bank) The 10th Amendment

reserves powers to the states (ex: education, law

enforcement, etc.)

The U.S. Constitution

is the supreme law of the land

(National Supremacy Clause)

The Constitutional Basis of FederalismThe 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

The Constitutional Basis of Federalism

Establishing National Supremacy◦Implied and enumerated powers McCulloch v. Maryland (1819)

◦Commerce Powers Gibbons v. Ogden (1824)

◦The Civil War (1861-1865)

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

The States

Powers Reserved to the States•The 10th Amendment declares that States are governments of reserved powers.•The reserved powers are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States.

The Constitutional Basis of FederalismStates’ Obligations to Each OtherFull Faith and Credit: Each state must recognize

official documents and judgments rendered by other states. (Article IV, Section I)

Privileges and Immunities: Citizens of each state have privileges of citizens of other states. (Article IV, Section 2)

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

The Exclusive and Concurrent Powers

Exclusive or enumerated Powers

Powers that can be exercised by the National Government alone are known as the exclusive powers.

Examples of the exclusive powers are the National Government’s power to coin money, to make treaties with foreign states, and to lay duties (taxes) on imports.

Concurrent PowersPowers that both the

National Government and the States possess and exercise.

Some of the concurrent powers include the power to levy and collect taxes, to define crimes and set punishments for them, and to claim private property for public use.

Government PowersFederal Government (expressed powers)

Shared Powers(concurrent powers)

State Government (reserved powers)

Regulate interstate and foreign trade

Collect taxes Regulate trade within the state

Coin and print money Borrow money Establish local governments

Establish post offices and construct post roads

Establish courts Conduct elections

Raise and support armed forces

Charter banks Determine qualifications of voters

Declare war and make peace

Make and enforce laws

Establish and support public schools

Govern U.S. territories & admit new states

Provide for the health & welfare of the people

Pass laws regulating business w/in state borders

Pass laws regulating immigration

Make civil and criminal laws

Make all laws “necessary and proper” to carry out its powers

Pass license requirements for professionals

Conflicts between the state and national governments arise in concurrently held powers

Denied Powers

National Government State Government Denied to both

Suspend habeas corpus, except in rebellion or invasion

Enter into treaties, alliances, or confederations

Pass ex post facto laws

Lay tax or duty on items exported from any state

Coin money Pass Bills of Attainder

Violate provisions of the Bill of Rights

Declare war Grant titles of nobility

Enter into agreements with other states or foreign powers

History of Federalism

Dual Federalism1787 – 1930s

“Layer cake” federalism

Each level of government has clear and distinct roles to carry out.

It’s the same cake, but each layer’s different.

History of Federalism

Cooperative FederalismSince the1930s

“Marble cake” federalismEach level of government

has roles to carry out, but...Shared costs and

administrationLots of overlap between

roles to be carried out.The flavors in the cake are

all mixed up!

Intergovernmental Relations TodayFiscal Federalism 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◦Block Grants: federal grants given more or

less automatically to support broad programs◦Grants are given to states and local

governments.

Intergovernmental Relations Today

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 as a condition of receipt of a federal grant.

◦Unfunded mandates: have to comply but no money given to make it happen

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

Understanding Federalism

Understanding Federalism

Understanding FederalismFederalism 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.

Understanding Federalism

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.