1. Chapter 3: Federalism

2. Federalism – the way a government organizes using 2 or more levels of government Defining Federalism Only 11 of the 190 or so countries have federal systems, most governments of the world have Unitary Systems ***Characteristics of Federalism: 1. decentralizes our politics oWith more layers of government there are more opportunities for political participation oWith more people having power, there are more points of access in government & opportunities for interests to have their demands for public policies satisfied oWith more decisions in the states, there are fewer sources of conflict at the national level

3. 2.Enhances judicial power, judges serve as umpires 3.Decentralizes our policies oHistory of the federal system demonstrate tensions between the states & national government oOverlapping powers of the 2 levels of Government mean that most of our public policy debates are also debates about federalism oConstitution doesn’t give the National Government the power to pass laws that regulate drinking ages, marriage & divorce, or speed limits Almost every policy the national government has adopted had its beginnings in the states (child labor laws, minimum-wage legislation, unemployment compensation, civil rights protection, & the income tax)

4. The Constitutional Basis of Federalism Loyalty to state governments was so strong the Constitution would have resoundingly been defeated if citizens had a chance **Why Federalism only solution: Central government alone, have difficulty to govern 18 th Century Americans People were too widely dispersed The country’s transportation & communication system too primitive to allow governing from a central location Division of Power: Constitution’s writers carefully defined the powers of state & national government Enumerated (expressed) powers, implied powers (Elastic Clause), inherent powers, concurrent powers (both state & National), reserved (State’s – 10 th Amendment), & prohibited powers

5. *In a dispute between the States & National Government, which prevails? Answer: the Supremacy Clause 1) The Constitution 2)National Government (laws) 3) Treaties However, the Federal Government can only operate within its sphere and according to the 10 th Amendment the National government has only those powers specifically assigned to it by the Constitution. Despite this, the Supreme Court (U.S. v. Darby) called the 10 th Amendment a constitutional truism, a mere assumption that the states have independent powers of their own, not that state powers are superior **Establishing National Supremacy: Five events that have settled the issue of how national & state powers are related: 1. Implied powers – McCulloch v. Maryland (1819) Madison created a National bank during his presidency. Maryland taxed it because they were opposed.

6. Two Key Principles of McCulloch a. The Supremacy of the National Gov’t over the states (within its sphere of action) ex. Civil rights laws, clean air & water standards preempt state laws b. SC ruled that Congress had certain implied powers in addition to enumerated (specific) powers according to Article I Section 8 states Congress shall “make all laws necessary & proper for carrying into execution the foregoing powers” **also known as the Elastic Clause** 2.Commerce Power – Constitution gives power to regulate interstate & international commerce. Gibbons v. Ogden (1824) defined very broadly to encompass virtually every form of commercial activity Today commerce covers not only movement of goods, but radio signals, electricity, telephone msgs, internet etc. Congress prohibited racial discrimination by using interstate commerce Congress can’t always successfully use the Commerce Clause. Remember U.S. v. Lopez

7. 3.The Civil War – Really a struggle of power between states & national power. In fact, in 1861 inaugural address, Lincoln was willing to guarantee slavery as long as it saved the union. 4. Constitutional Amendments – 14 th (Due Process & Equal protection), 15 th, 16 th (income tax), & 17 th (senator elections) 5.The Struggle for Racial Equality In the 1954 Brown v. Board decision the SC held that school segregation was unconstitutional **States’ Obligations to each other: 1.Full Faith & Credit – A clause in Article IV Section I of the Constitution requiring each state to recognize the official documents. Ex. Marriage license must be recognized in all states. Problem with gay marriage, some states don’t want to recognize states gay marriages. Congress answered with the Defense of Marriage Act 2.Extradition – legal process whereby an alleged criminal offender is surrendered by the officials of one state to the officials of the state in which the alleged crime was committed.

8. 3.Privileges & Immunities – Prohibits states from discriminating against citizens of other states. Federalism Today **There has been a gradual shift from a dual federalism 4 Evolutions of Federalism 1.Dual (1789-1932) – What America was like for the past 200 years. Both National & State government have their own powers within their sphere. Like a 2 layer cake 2.Cooperative – More like today’s government. where Powers & policy assignments are shared between states & National.  Almost all school districts receive money from Federal government, so they must comply with Federal laws. Ex. Desegregation plans & constraints on school prayer  Highways are also a move towards cooperative federalism. (the constitution does allow for the building of Post Roads)  For hundreds of programs, cooperative federalism involves: Shared costs, Federal guidelines, & Shared administration

9. Dual Federalism Cooperative Federalism

10.  Example of conflict of American Federalism between states & federal on certain matters. In 1950’s & 60’s Southern states cooperated well with Washington in building state highway system, while they clashed with the National gov’t over racial integration

11. 3.New – From Nixon, Reagan, & George H.W. Bush the national government attempted to reverse cooperative federalism & place more responsibility in states how grant money is spent. Devolution (transfer of power to political subunits) is apparent in welfare programs today, the Federal government returned more authority over the program to the states. 4.Fiscal Federalism – pattern of spending, taxing, & providing grants in the federal system 3 types of Federal Aid a.Categorical grants – main source of federal aid to state and local gov’t used for one of several hundred specific purposes, or categories, of state & local spending Project grants – awarded on basis of competitive applications (university professors getting grant for research)

12. Formula grants – distributed on a “formula” based on pop., per capita income etc… Medicaid, child nutrition programs, sewage treatment plant, public housing, etc... b. Block grants – Given more or less automatically to states or communities, which then have discretion within broad areas in deciding how to spend it. (community developments & social services) c.Revenue sharing – a “no strings attached” form of aid to state and local governments; can be used for almost any project (eliminated during Reagan) When aid is given to states, there are usually strings attached in the form of mandates – requirements that direct states or local governments to comply with federal rules under the threat of penalties (sometimes unfunded ex. Americans with Disabilities Act 1990 or ADA)  Ex. Medicaid – national gov’t pays between 50 & 83 percent and the states pick up the rest. In the 80’s Congress extended coverage which increased funding, but that meant that states had to pay more also.