1. What is federalism? A way of organizing a nation so 2 or more levels of gov t have formal authority over land & people

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1 Chapter 3

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3 1. What is federalism? A way of organizing a nation so 2 or more levels of gov t have formal authority over land & people

4 Define the three ways of organizing a nation. Central States Balance

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6 In what ways does federalism decentralize politics & policies? Why Important? Decentralizes our politics More opportunities to participate Decentralizes our policies Federal & state gov'ts handle different problems States regulate drinking ages, marriage (?), & speed limits States can solve same problem in different ways & tend to be policy innovators

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8 Division of Power Supremacy Clause: Article VI of Constitution states 3 supreme: The U.S. Constitution Laws of Congress Treaties Yet, national gov't cannot usurp state powers Tenth Amendment

9 Enumerated / Delegated Powers held by federal (national gov't) bc outlined in Constitution Literally written in Constitution Implied Suggested, not listed ELASTIC CLAUSE

10 Reserved Powers reserved / saved for states. Many not listed but given to states 9th & 10th Amendments Concurrent Powers held by both the federal (national) gov't & states. When in conflict, federal gov't ALWAYS more powerful according to Supremacy Clause (Article 6, Sec 2 Constitution) Denied Powers that neither federal nor state gov't are permitted to have

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13 Tax & spending power Congress power to appropriate [spend] money=great deal of control May threaten to withhold funds if project doesn t meet federal guidelines Commerce power National gov't has responsibility to regulate trade between U.S. & foreign nations, but also trade between states General Welfare power Goal thru tax & spending powers, Congress spends money for general welfare (GW), but is not allowed to simply legislate for GW (states rights) but a qualification on the taxing power

14 Full Faith & Credit Each state must recognize laws, public records, & judicial decisions of other states w/in US. Goal allow citizens to move seamlessly between states w/ minimal legal difficulties Supremacy power Federal gov't exercises any powers above National gov t takes supremacy over any conflicting state exercises of their powers

15 Implied & enumerated powers Elastic Clause McCulloch v. Maryland (1819) State tried to tax national bank Commerce Powers Gibbons v. Ogden (1824) The Civil War ( ) States v. national gov't (slavery) The Struggle for Racial Equality Brown v. Board of Education (1954)

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17 Dual Federalism System of gov in which both states & national gov't remain supreme w/in their own spheres, each responsible for some policies Like a layer cake Narrowly interpreted powers of federal gov't Ended 1930s

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19 Cooperative Federalism Definition: a system of gov in which powers & policy assignments are shared between states & national gov't Like a marble cake Shared costs & administration States follow federal guidelines

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21 Fiscal Federalism Pattern of spending, taxing, & providing grants in federal system Cornerstone of nat. gov t s relations w/ state & local govs

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26 Fiscal Federalism (cont ) Scramble for Federal Dollars $460 bill. in grants every year Distribution follows universalism a little something for everybody The Mandate Blues Mandates direct states or local gov'ts to comply w/ federal rules under threat of penalties or as a condition of receipt of a federal grant EPA, Civil Rights Unfunded mandates ADA

27 Describes a decentralization process that gives a greater degree of self-rule to regional, state or local levels Nixon, Reagan, Bush

28 Advantages for Democracy Increases access to gov't 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 gov't & too much money

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31 What should scope of national gov't be relative to states? National power increased w/ industrialization, expansion of individual rights, & social services. Most problems require resources afforded to national, not state gov'ts.

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33 American federalism is a gov t system Power shared between central gov't & 50 state gov'ts Moved from dual to cooperative federalism; fiscal federalism. Leads to both advantages & disadvantages to democracy.