1. Chapter 3: Federalism
A way of organizing a nation so that two or more levels of government have formal authority over the same land and people. It is a system of shared power between units of government.
The word federalism is absent from the Constitution.

2. United States v. Lopez

3. What is federalism? Federalism is not unique to the United States.
11 of the 190 or so nations is federal.
Germany, Mexico, Canada, Australia, India, Brazil
are a few examples.
WHY????? Could it be……
Large minority ethnic groups
Large groups speak different languages
Most are democracies

4. Three types of Systems of Government
Unitary Confederate Federal
Central gov’t holds primary limited powers to shares powers
authority coordinate state with states
- regulates states activities
State gov’t - little or no powers sovereign shares powers
- duties regulated by - allocate some duties with central gov
central gov’t to central gov’t
Citizens - vote for central vote for state gov’t vote for both
governmental officials state & central
officials officials

5. Why is federalism so important?
Decentralizes our politics
Electoral process – 51 presidential elections
More opportunities to participate in gov’t
More points of access in gov’t
More opportunities to have demands become policies.
Enhances judicial power
Makes umpires necessary to settle disputes.
Decentralizes our policies
Places tension between who controls policy and what that policy should be.

6. Federalism decentralizes policies
Equality, the economy, the environment, & other matters are subject to both national and state governments. States are responsible for most public policies dealing with social, family and moral issues

7. American states have always been policy innovators.
Cari, her 13 yr. old daughter, was killed by a drunk driver.
She formed MADD. Her lobbyists swarmed state capitals to get the drinking age raised.
By 1983, she had 19 states raise the drinking age to 21.
1983 she had a press conference in WDC and raised the attention so much they passed a federal law that would withhold 10% of all federal highway aid from States that did not raise their drinking age to 21.

8. The Division of Powers National Gov’t State Gov’t Both
Coin money Est. local gov’t Tax
Conduct foreign relations Regulate commerce Borrow money
Regulate commerce with within a state Est. Courts
foreign nations & among Ratify amendments Make & enforce laws
States Exert powers the Charter banks
Provide army & navy Const’n does not Spend money for the
Declare war delegate to Nat’l general welfare
Est. federal courts Eminent domain
Est. Post offices
Make laws necessary & proper
to carry out the above powers

9. Supremacy Clause: Article VI of the Constitution
Laws of the national Government
Treaties

10. Tenth Amendment
The constitutional amendment stating that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
United States v. Darby
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11. Establishing National Supremacy
Elaboration of the Implied Powers
Definition of Commerce Clause
McCulloch v. Maryland: (1819)
Supreme Court decision that est. the supremacy of the national gov’t over state governments.
Enumerated powers: powers of the federal gov’t that are specifically addressed in the Const’n; ex. Power to coin money, regulate its value and impose taxes
Implied powers: powers of the federal gov’t that go beyond those enumerated in the Const’n.
Elastic clause: authorizes Congress to pass all laws “necessary & proper” to carry out enumerated powers
Gibbons v. Ogden (1824)
Supreme Court decision that interpreted the commerce clause very broadly. Congress can regulate interstate commerce – virtually every form of commercial activity.
Great Depression placed many demands on the federal gov’t.
Seminole Tribe of Florida v. Florida
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12. Establishing National Supremacy
The Civil War
Struggle for Racial Equality
A struggle between states powers & federal powers – did they have the right to secede.
Lincoln announced in his inaugural address said he would support an amendment to guarantee slavery if it would save the Union.
Brown v. Board of Education Supreme Court decided that school segregation was unconstitutional.
Conflict between states & the national gov’t over equality issues was decided in favor of the national gov’t.
The national government is supreme within its sphere, but the sphere for the states remains a large and important one.

13. States Obligations to Each Other
A clause in Article IV, Section I, of the Constitution requiring each state to recognize the official documents and civil judgments tendered by the courts of other states.
A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.
Privileges and Immunities: a clause in Article IV, Section 1, of the Constitution giving citizens of each state MOST of the privileges of citizens of other states. Saenz v. Roe <

14. Intergovernmental Relations Today
Dual Federalism
Cooperative Federalism
A system of gov’t in which both the states and the national gov’t remain supreme within their own spheres, each responsible for some policies
A layer cake
A system of gov’t in which powers & policy assignments are shared between states & the national gov’t. They may also share cost, administration, and even blame for programs
A marble cake.

15. Cooperative Federalism
Cooperative federalism began with the Great Depression of the 1930s.

16. Cooperative Federalism
In the 1950s and 1960s, the national government began supporting public elementary and secondary education. Today almost all schools receive federal money.

17. Standard operating procedures
Shared Costs: Washington foots part of the bill, but states or cities have to pay their share.
Federal guidelines: Most federal grants go to states & cities with strings attached.
Shared administration: State and local officials implement federal policies. U.S. Dept. of Labor gives billions of dollars for job training; while state agencies spend the money.

18. Ronald Reagan
A strong advocate for States. He argued that the states had primary responsibility for governing in most policy areas.

19. Fiscal federalism
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.

20. College professor write these types of grants.
The Grant System: Distributing the Federal Pie
Categorical Grants
Federal grants that can be used only for specific purposes, or categories.
They come with strings attached.
String is usually a nondiscrimination provision.
Project Grants
a type of categorical grant given for a specific purpose & awarded on the basis of the merits of the application.
College professor write these types of grants.
Formula Grants
a type of categorical grant distributed according to a formula specified in legislation or in an administrative regulation
State & cities do not apply for these; they are awarded them based on the formula.

21. Block Grants
Federal grants given more or less automatically to states or communities to support broad projects in areas such as community development and social services.
Adopted in 1966 & grew considerably in 1995 with a Republican Congress.

22. Mandate Blues
Most times state and city governments are glad to receive Federal aid. BUT
Sometimes Congress will pass a law for a state to extend a shared program if they want to keep receiving aid.
Mandate: requirement that state or local gov’ts comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.

23. Federalism and Democracy
Advantages for Democracy
More levels of gov’t---more opportunities for participation
Increase access to government
Gov’t can become more responsive to demands for policies.
Political parties may not be strong on the federal level but be strong on the state level.
Different States can have different policies than others. EX: Death penalty in the Texas and not in another.

24. Federalism and Democracy
Disadvantages for Democracy
States differ in the resources they can devote to services.
Local interests may not be the same as the national majority support of certain policies. (gay marriages, etc.)
Sometimes the large number of governments can be very burdensome.
1 U.S. Government
50 State gov’t
3,043 Counties
19,372 Cities
16,629 Towns
13,726 School districts
34,683 Special districts

25. Federalism and the Scope of the National Government
Sometimes the national government has involved itself (some might say interfered) in the economic marketplace with quotas and subsidies intended to help American businesses.
Additional demands have been placed on the federal gov’t to provide new services sometimes ones the individual states used to provide. (look at examples on page 89)