Federalism: The Division of Power Chapter 4,. Defining Federalism Why is Federalism So Important?...

Federalism: Federalism: The Division of PowerThe Division of Power

Chapter 4

Defining Federalism

• Why is Federalism So Important?

• Decentralizes our politics• More opportunities for citizens to participate

• Decentralizes our policies• Gives Federal & state the choice of which

government should take care of which problem

• States can solve the same problem in different ways

Government PowersGovernment Powers(Division of Powers)(Division of Powers)

National Government

StateGovernment

Powers Granted

Powers Denied

Delegated Powers

Reserved Powers

Concurrent Powers

Expressed

Implied

Inherent

10th Amendment

Denied National Denied States

Denied Both


National Government

Powers Granted

Delegated Powers

Expressed

Implied

Inherent

Expressed:

Spelled out in the Constitution

•Article I, Section 18

•18 clauses giving 27 powers

•Tax

•Coin money

•Regulate trade

•Declare war

•Grant patents


National Government

Powers Granted

Delegated Powers

Expressed

Implied

Inherent

Implied:

Not written in Constitution, but reasonably suggested

•Article I, Section 18, Clause 18

•“necessary and proper”

•The Elastic Clause

•Build dams

•Highways & roads

•Determine crimes


Why is the Necessary and Proper Clause called the elastic clause?


Why is the Necessary and Proper Clause called the elastic clause?

Over time, it has stretched to cover so many implied powers


National Government

Powers Granted

Delegated Powers

Expressed

Implied

Inherent

Inherent:

Not written in Constitution, but belong to national governments

•Regulate immigration

•Grant diplomatic recognition to nations

•Protect the nation


National Government

Powers Denied

Denied National

Denied:

Expressly denied:

•Infringe on rights (speech, press, etc.)

Silence in Constitution:

•Only has delegated powers

Denied in Federal System:

•Can’t tax states


StateGovernment

Powers Granted

Reserved Powers

10th AmendmentReserved Powers:

10th Amendment

•Not granted to Federal, but not denied to states.

•Legal marriage age

•Drinking age

•Professional license

•Confiscate property

The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare.


StateGovernment

Denied States:

Constitution denies certain powers to state, because they are NOT a federal government.

•Make treaties

•Print money

•Deny rights to citizens

Denied States

Powers Denied


National Government

StateGovernment

Powers Granted

Powers Denied

Concurrent Powers

Denied Both

Concurrent:

Both States and National have these powers

May be exercised separately and simultaneously

•Collect taxes

•Define crimes

•Condemn or take private property for public use


National Government

StateGovernment

Powers Granted

Powers Denied

Concurrent Powers

Denied Both

Denied Both:

Both States and National have been denied these powers

•Violate rights of citizens


National Government

StateGovernment

Powers Granted

Powers Denied

Delegated Powers

Reserved Powers

Concurrent Powers

Expressed

Implied

Inherent

10th Amendment

Denied National Denied States

Denied Both

EXCLUSIVE

EXCLUSIVE

EXCLUSIVE

EXCLUSIVE

The Supremacy ClauseThe Supremacy Clause(Article VI, Section 2)(Article VI, Section 2)

City and County Laws

State Statues (laws)

State Constitutions

Acts of Congress

United States Constitution

The U.S. The U.S. ConstitutioConstitutio

n is the n is the ““Supreme Supreme Law of the Law of the

Land.Land.””

If there is a conflict

between a lower law and a higher one, the

higher one “wins.”

Constitution, Fed Gov’t and 50 States

Federal Govt and State Govts


Constitution protects states against internal disorder/disaster


FEMA

Federal Emergency Management Authority

Figure 3.4 (1999 average: $6,734)

Understanding Federalism


The Types of Federalism

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• 16th Amend- income tax• 17th Amend- direct elec. of Senate - 10th Amendment

* Reserved powers- Court reinforces – McCulloch (implied powers) & Gibbons

(interstate commerce)

Intergovernmental Relations Today

• Cooperative Federalism• Definition: A system of government in

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

• Shared costs• Shared administration (fed/state/local)• States follow federal guidelines- Marble cake


Devolution


• New Federalism- During Reagan & G.W.Bush admin (1980-92)

* stronger role of states

* used block grants to move responsibility of some programs from federal to state

decisions are closer to the people– ex. Welfare

This is called the devolution revolution


- Devolution Revolution – power back to states (1994 – today)

* Unfunded Mandates Reform Act 1995 – Congress can’t make states fund programs

Congress passes (eg: Clean WaterAct)

* Fed. Programs moved to states where the decisions are closer to the people– eg: Welfare


• New Federalism (cont’)- W. Bush Administration & Federalism

* Committed to devolution but.

* Growth of federal Govt (9-11)– eg: Homeland Security / War in Iraq

* NCLB – underfunded mandate


How do the states pay for these programs?

Figure 3.2


• 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.


• Fiscal Federalism• The Grant System: Distributing the Federal

money

• Revenue Sharing: Federal State of VA receives a % of tax money from the federal govt to use for state projects

• Ex: national park revenues are split b/w fed and states 50-50 to be used for national forest trail and road repair



money

• Categorical Grants: Federal grants that can be used for specific purposes. They have strings attached

• Types:

• Project Grants- based on merit• Block Grants: amount varies based on formulas



money

• Project Grant: Federal grants that can be used for specific purposes. They have strings attached

• Project Grants- based on merit• Henrico County Public Schools applying to fed govt

for grant to help with school budget – maybe to bring in more technology which is one of the federal aims


• Fiscal Federalism• The Grant System: Distributing the

Federal money

• Block Grants: Federal grants given more or less automatically to support broad programs but have some strings attached

• Grants are given to states & local governments

• Fed govt gives VA lump sum which is to be used to fund repairs on VA road system

Interstate Relations

About that money….


• Fiscal Federalism

• The Scramble for Federal Dollars• $300 billion+ in grants every year• States sometimes compete for dollars


• Fiscal Federalism• The Mandates of the Federal Govt.

• Compulsory laws/regulations passed by Congress (ADA)

• Funded mandates• Unfunded mandates• Underfunded mandates


• Fiscal FederalismThe Mandates of the Federal Govt.

Funded mandates compulsory regulation, with money to help defray costs



Unfunded mandates are requirements on state & local governments- but no money*

Unfunded Mandates Reform Act 1995 – Congress can’t make states fund programs

Congress passes (eg: Clean WaterAct)



Underfunded mandates have some money but not enough to carry out program so there is a cost to states


About that money….


grants in aid blur line b/w fed and state because

fed govt can act in areas the constitution does not give it authority to like education and mental health.

critics - this gives fed govt major voice in making public policy on state level

The Constitutional Basis of Federalism

States’ Obligations to Each Other & Federal Govt

The Constitutional Basis of Federalism

Article IV: * Full Faith and Credit

* Extradition* Privileges and Immunities

(citizens in every state have same rights)

*this is why colleges can charge more for out of state student tuition


• Advantages for Democracy• Increasing citizen

access to government

• Local problems can be solved locally

• Hard for political parties / 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- too much money


• Federalism and the Scope of Government

• Which level of government is best able to solve the problem?

• Which level of government is best able to fund solutions to the problem?

Federalism: The Division of Power Chapter 4,. Defining Federalism Why is Federalism So Important?...

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