1. Federalism Wilson Chapter 3 Klein Oak High School

2. Definition local units national unit both make final decisions both protected in existence

3. Protection of Subnationals constitutional habits, preferences, dispositions of citizens distribution of political power

4. Mechanism of Control largely subnational national government gets states to act –keeping with national policy

5. Good or Bad? Laski – states are “parasitic and poisonous” Riker: federalism facilitated the perpetuation of racism Elazar: federalism contributes to governmental strength, political flexibility, and fosters individual liberty

6. Good and Bad Effects Different political groups with different political purposes come to power in different places Federalist No. 10: small political units are more likely to be dominated by single political faction

7. Increased Political Activity Most obvious effect of federalism: it facilitates political mobilization Federalism decentralizes authority, lowering the cost of political organization at the local level

8. The Founding bold, new plan to protect personal liberty Founders believed that neither national nor state government would have authority over the other since power comes from people who shift support to keep them in balance New plan had no historical precedent

9. 10 th Amendment an afterthought to clarify the limits of the national government’s power Tenth Amendment has recently been used by the Supreme Court, giving new life to state sovereignty

10. Elastic Clause Precise definitions of powers are politically impossible due to competing interests, e.g., commerce Hamilton’s view: national supremacy since the Constitution was the supreme law of the land Jefferson’s view: states’ rights with the people as ultimate sovereign; the national government was likely to be the principal threat to individuals’ liberties

11. McCulloch v. Maryland (1819) Hamiltonian position espoused by Chief Justice John Marshall Could Congress charter a national bank? yes, even though this power is not explcitly in the Constitution because of the “necessary and proper” clause Could states tax such a federal bank? no, because national powers were supreme and therefore immune to state challenge

12. Nullification Idea that states have the right to declare null and void a federal law that they believe violated the Constitution Question settled by the civil war: the federal union was indissoluble and states cannot nullify federal law

13. Dual Federalism Idea that both national and state governments are supreme in their own spheres, which should be kept separate

14. Example of Dual Federalism interstate vs. intrastate commerce –Early product-based distinctions were unsatisfactory –Still, the Supreme Court does seek some distinction between what is national and what is local, though it is not entirely consistent in its support

15. State Sovereignty Supreme Court has strengthened states’ rights in several recent cases –U.S. v. Lopez (1995), guns in schools –Printz v. U.S. (1997), background checks on gun purchasers State can do what is not prohibited by the Constitution or preempted by federal policy, and that is consistent with its own constitution

16. Direct Democracy States constitutions may provide for direct democracy –Initiative –Referendum –Recall

17. State Protection in the Constitution No state can be divided without its consent Two Senators for every state Every state assured of a republican form of government Powers not granted to Congress are reserved to the states

18. Grants in Aid Grants show how political realities modify legal authority Began before Constitution with land and cash grants to states Dramatically increased in scope in twentieth century Prevailing constitutional interpretation until late 1930s was that the federal government could not spend money for purposes not authorized by the Constitution – grants were a way around this

19. Grants Attractive to State Officials Federal budget surpluses (19 th and early 20 th centuries) Federal income tax increased revenues Federal control of money supply Appeared as free money for state officials, who did not have to be responsible for federal taxation

20. 1960s Shift in Grants-in-aid From what states demanded...... To what federal officials considered important as national needs Meanwhile, state and local governments had become dependent on federal funds

21. Intergovernmental Lobby Hundreds of state, local officials lobby in Washington Purpose: to get more federal money with fewer strings By 1980, however, federal funds had stopped growing

22. Categorical Grants vs. Revenue Sharing Categorical grants are for specific purposes defined by federal law; they often require local matching funds Block grants (special revenue sharing or broad-based aid) –general purposes –few restrictions –states preferred block to categorical grants

23. Revenue Sharing sometimes called general revenue sharing requires no matching funds could be spent on almost any governmental purpose Distributed by statistical formula Ended in 1986, after fourteen years

24. Goals Met? Neither block grants nor revenue sharing achieved the goal of giving the states more freedom in spending Did not grow as fast as categorical grants Number of strings increased, even on these programs

25. Slow Growth Block grants grew more slowly than categorical grants because of their political coalitions Federal officials, liberal interest groups, organized labor tend to distrust state government; categorical grants give the national government more power

26. Life and Death No single interest group has a vital stake in multipurpose block grants, revenue sharing Categorical grants are matters of life or death for various state agencies Revenue sharing was so widely distributed that it did not reach those with greater need in sufficient amounts

27. Rivalry Among the States Increased competition for federal dollars a result of increased dependency Snowbelt (Frostbelt) versus Sunbelt states due to population changes Actual difficulty telling where funds spent and their effect on population changes With numerous grants distributed on the basis of population, the census takes on monumental importance

28. Mandates federal rules that states or localities must obey, not necessarily linked to funding –Civil rights –Environmental protection Unfunded mandates with more attention since 1995 Controversial mandates may result from court decisions

29. Conditions of Aid Attached to grants range from specific to general Failed presidential attempts to reverse trend and consider local needs –Nixon – block grants –Reagan – consolidate categorical grants

30. Devolution The 104th Congress (1995–1996) Devolution initiatives returned program management to the states Block grants for entitlements –AFDC

31. What’s Driving Devolution? House Republican did not trust federal government –states more responsive & less wasteful Deficit politics Supported by public opinion