Federalism 3 Rich Pedroncelli/AP Images
Defining Federalism 3.1
Table 3.1 Authority relations in three systems of government 3.1
3.1 Which organizing system does the government in the United States use? 3.1 a. Confederate b. Unitary c. Federal d. Intergovernmental
3.1 Which organizing system does the government in the United States use? 3.1 a. Confederate b. Unitary c. Federal d. Intergovernmental
The Constitutional Basis of Federalism 3.2
Division of Power National Government Powers Delegated (Expressed) powers Implied powers Necessary and proper powers National government gains due to implication in Constitution State Government Powers Reserved powers Police powers powers to regulate the health, safety, and morals of its citizens Tenth Amendment
Bill of Rights - States 10 th Amendment Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States., or to the people.
Federalism Limit government - Two levels National and state Types of Powers Federal Expressed, Delegated, Enumerated Powers Implied Powers (Necessary & Proper, Elastic Clause) State Reserved Powers (Police Powers) Both Concurrent Powers
Separation of Powers Each branch can participate in & partially or temporarily obstruct work of each other Self Enforcing Influence activities of other branches Checks and Balances system
Legislative Supremacy Constitution Framers made Congress preeminent branch How? Powers of Legislative branch in Article I of Constitution Sole power of appropriations Power to initiate all revenue bills Divide against itself House vs. Senate
Powers of National Government Constitution Article I, Section 8 18 Expressed powers for national government All other powers reserved for states Necessary and Proper Clause Implied powers Expansive interpretation of delegated powers Supremacy Clause All national laws and treaties the Supreme Law of the Land.
Powers of State Government Anti-federalists Fear strong central government Wanted amendment to limit national power 10 th Amendment Reserved powers States - Power of coercion Develop and enforce criminal codes Administer health and safety rules. Regulate family via marriage and divorce laws License individuals Power to define private property Regulations of fundamental matters known as police powers Concurrent Powers Chartering banks Licensing businesses Labor conditions & products
Federalism National and State governments Levels of sovereignty used to restrain power of other Under Articles of Confederation States made own trade agreements w/ foreign countries Tax barriers between states After Constitution adopted Nearly 150 years Almost all fundamental policies governing lives of Americans made by state legislatures
Full Faith and Credit Article IV, Section 1 Each state expected to honor the public Acts, Records, and Proceedings of other states Drivers license, divorce decree, marriage license Controversy Same sex civil unions and marriages Defense of Marriage Act in 1996 Federal government will not recognize gay marriage DOMA overturned by Supreme Court
Article IV, Section 2 Comity Clause - Promote national unity Privileges and immunities - state citizens should be entitled to similar treatment in other states States cannot discriminate against someone from another state No special privileges to its own residents Criminal Justice States required to return fugitives to states they have fled
Compacts Two or more states reach legally binding agreements about how to solve problems that cross state lines Ex. Port Authority of New York and New Jersey
The Division of Power 3.2 States retained many powers Organize local governments and elections Ratify Constitutional amendments Equal representation in Senate
Table 3.2 Some Powers Denied States by the Constitution 3.2
The Division of Power 3.2 Federal obligations to states Cannot divide states Cannot tax interstate exports Protect states against invasion Overlapping responsibilities
National Supremacy 3.2 Which level should do what? Debates over areas of policy responsibility Supremacy clause The Civil War The Struggle for Racial Equality The Tenth Amendment The Eleventh Amendment
Wallace and segregation 3.2 Hulton Archive/Getty Images
National Supremacy 3.2 Implied Powers McCulloch v. Maryland (1819) Enumerated powers Implied powers Elastic clause
Supremacy Clause and Immigration 3.2 John Moore/Getty Images News/Getty Images
National Supremacy 3.2 Commerce power Gibbons v. Ogden (1824) Promote economic development Regulate the economy Expansion then retraction
States' Obligations to Each Other 3.2 Full faith and credit Defense of Marriage Act (1996) Andrew Burton/Reuters
States' Obligations to Each Other 3.2 Extradition Privileges and immunities
3.2 Which clause of the Constitution requires states to honor contracts signed in other states? 3.2 a. Privileges and immunities b. Full faith and credit c. Necessary and proper d. Commerce
3.2 Which clause of the Constitution requires states to honor contracts signed in other states? 3.2 a. Privileges and immunities b. Full faith and credit c. Necessary and proper d. Commerce
From Dual to Cooperative Federalism 3.3 Dual federalism Separate spheres of authority Layer cake Interpret federal power narrowly Cooperative federalism Shared costs Federal guidelines Shared administration
Stages of Federalism 4 stages of Federalism 1789 1937 1960 1970 1990 1. Dual Federalism 2. Cooperative Federalism 3. Fiscal Federalism 4. New Federalism
Stages of Federalism: Stage 1 STAGE 1: Dual Federalism (1789 1937) Central government focused on promotion of commerce and distribution of resources States retained remaining powers Layer Cake
Stage 1: Dual Federalism Article I, Section 8 of Constitution Powers of national government, including: Interstate commerce clause (Commerce) Necessary and Proper clause McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) Dual Federalism - relatively clear delineation of power between national, state, and local governments.
Stages of Federalism: Stage 2 STAGE 2: Cooperative Federalism (1937?) FDR New Deal - Increased role for national government Altered balance of federal & state power. Marble Cake
Stage 2: Cooperative Federalism NLRB v. Jones and Laughlin Steel (1937) SC expanded interpretation of commerce clause Allowed national government to regulate as well as promote interstate commerce Expansion of national government power Lines of authority between national and state government blur
New Deal expanded national government and executive branch Empowers national government at expense of state autonomy. However, there s a carrot
Grants-In-Aid National government ensures state cooperation with federal policies by offering grants-in-aid Categorical Grants-In-Aid Given to states for more specific purposes Spending discretion remains in hands of federal officials and officeholders Block Grants Given to states for general purposes Allow state officials greater discretion over funds & spending Project Grants Submit proposals to federal agencies Formula Grants Use a formula (Need, Capacity to Pay) Determines amount of federal funds states receive
Stages of Federalism: Stage 3 STAGE 3: Fiscal Federalism (1960s?) State / Local gov. depend on grant-in-aid National government further intervenes in state governments by influencing policy by threatening to withhold grants Coercive Federalism
Stage 3: Fiscal Federalism Regulate state speed limits National government - withhold federal transportation dollars Forcing states to comply - federal mandates
Stages of Federalism: Stage 4 STAGE 4: New Federalism (1969?) Roll back of some aspects of Franklin Roosevelt s New Deal coalition Counter-federal trend Began to return discretion to state and local governments
Stage 4: New Federalism New Federalism Return discretion to states begins in executive branch Nixon, Carter, and Reagan administrations gave states larger role in administering federal policies.
1990s - Congress and Federal courts join new federalism revolution. Congress Republicans after 1994 elections Series of policies - federal government power devolved to states. Welfare reform - good example of devolution.
United States v. Lopez (1995) United States v. Morrison (2000) Supreme Court - restricted interpretation of what constituted interstate commerce Used to justify federal government involvement in states
Despite recent court cases and new federalism - National power grows in 20th century Cooperative Federalism - state and local governments hooked Important part of state and local governments budget
Interstate highways 3.3 Edwin Beckenbach/Getty Images
From Dual to Cooperative Federalism 3.3 Cooperative federalism in action Schools Highways and State Alcohol laws
Devolution? 3.3 Party divide on federalism Democrats favor national government Republicans favor states Devolution since Reagan Loosening federal regulations 1994 Congress Harnessing federal government power
Fiscal Federalism 3.3 The Grant System Categorical grants Specific purpose Crossover sanctions Crosscutting requirements Project grants Formula grants
Fiscal Federalism 3.3 The Grant System Block grants The scramble for federal dollars The mandate blues
FIGURE 3.1 Fiscal federalism: Federal grants to state and local governments 3.3
No Child Left Behind Act 3.3 Jeff Greenberg/Peter Arnold/Getty Images
3.3 Which of the following gives states more discretion in using federal funds? 3.3 a. Categorical grant b. Formula grant c. Block grant d. Mandate
3.3 Which of the following gives states more discretion in using federal funds? 3.3 a. Categorical grant b. Formula grant c. Block grant d. Mandate
Diversity in Policy 3.4 Diversity in public opinion reflected Policy innovation facilitated Diversity has its downside
3.4 Which of the following is a result of federalism? 3.4 a. Diversity of policies in states b. States can be policy innovators c. States can spend less on education d. All of the above
3.4 Which of the following is a result of federalism? 3.4 a. Diversity of policies in states b. States can be policy innovators c. States can spend less on education d. All of the above
Federalism and Democracy 3.5 Contributions to democracy Decentralizes politics Disputes resolved at lower levels of govt. Majorities can be heard at state level More opportunities for participation Losing elections less painful Detriments to democracy Electoral College Thwarting national majorities
FIGURE 3.2 State and local spending on public education 3.5
Table 3.3 The Number of governments in America 3.5
Federalism and the Scope of the National Government 3.5 Why national government grew Economic intervention Industrialization Quotas Subsidies Preventing monopolies Occupational health and safety Urbanization Housing Social welfare
FIGURE 3.3 Fiscal Federalism: The size of the public sector 3.5
3.5 Federalism has contributed to democracy in all of the following ways except: 3.5 a. The Electoral College b. More opportunities for participation c. Disputes resolved at lower levels d. More points of access
3.5 Federalism has contributed to democracy in all of the following ways except: 3.5 a. The Electoral College b. More opportunities for participation c. Disputes resolved at lower levels d. More points of access