1. Federalism
American Goverment

2. What is Federalism?
A form of government that separates power between a central government (D.C.) and State governments (Wisconsin).
Local governments are created by the State and have no sovereign power of their own.
Meaning a local government relies on the State and National constitution.
Divides power between the national and lower level governments.
Each government has distinct powers that the other governments cannot override.
Examples: Australia, Brazil, Canada, Germany, India, Mexico, and the United States.

3. Government under U.S. Constitution (Federation): 1789 -

4. The Flow of Power in Three Systems of Government

5. Federal Systems Advantages Disadvantages
Permits diversity and diffusion of power
Local governments can handle local problems better
More opportunities for political participation
Protects individual rights against concentrated government power
Fosters experimentation and innovation
Suits a large country with a diverse population
Makes national unity difficult to achieve and maintain
State governments may resist national policies
May permit economic inequality and racial discrimination
Law enforcement and justice are uneven
Smaller units may lack expertise and money
May promote local dominance by special interests
In 1787, federalism was a compromise between centrists who supported a strong national government and those who favored decentralization. Confederation was unsuccessful and unitary was impossible given the attachment to state governments.
Federalism has some advantages. First, U.S. citizens tend to connect federalism to freedom because any level can challenge any other level. Second, the nation is very diverse but federalism allows there to be differences on policy while also having the nation in common. Third, experimentation is possible in a federal system because states become laboratories of democracy. Fourth, leaders can cut their teeth on how to run governments at a lower level before they enter the national conversation. Finally, the number of levels allows citizens to be involved in their government as thousands of U.S. adults serve.
Federalism has some disadvantages. First, dividing power means that national problems are not responded to quickly – Katrina, 9/11 are examples of this problem. Second, citizens have a hard time holding elected officials accountable because it is hard to see who is responsible when things go well or go badly. Third, there is conflict across state lines. Finally, the more variation in policies there is, the more inefficient the system works.

6. Number of Governments in the United States
3,143
With about 89,000 separate governmental units in the U.S. today, it is no wonder that intergovernmental relations in the U.S. are so complicated. Actually, the number of school districts has decreased over time, but the number of special districts created for single purposes, such as water, sewage, flood control, has increased from only 8,000 during WWII to over 37,000 today.

7. Number of Governments
In America there are close to 89,000 governments.
About half of these units are school or other special districts, and many of the remaining governments are townships and municipalities.
There are over 3,000 counties
50 state governments and one federal government.

8. Formal Constitutional Framework
The national government has only those powers delegated to it by the Constitution
The national government is supreme
The state governments have reserved powers; meaning those powers neither assigned to the national government nor denied to the states
Some powers are specifically denied to both the national government and the state government
The national government has the constitutional authority, stemming primarily from the national supremacy article, from its powers to tax and spend and to regulate commerce among the states, and from its war powers, to do what Congress thinks is necessary and proper to promote the general welfare and to provide for the common defense. These constitutional pillars have permitted tremendous expansion of the functions of the federal government.

9. EXPRESSED & IMPLIED POWERS
FEDERALISM
RESERVED POWERS
CONCURRENT
POWERS
EXPRESSED & IMPLIED POWERS
RESERVED POWERS

10. Three Powers of the National Government

11. Expressed powers Added Info: Definition:
Chapter 4, Section 1
Added Info:
Definition:
Expressed powers
Inherant Powers
Constitutionalism
veto
Rule of law
The powers clearly specified in Articles I, II and III of the Constitution
The powers specifically given to the three branches by the constitution
Expressed powers
Examples:
Picture:
Expressed powers of Congress:
coin money
raise armed forces
levy taxes
Necessary and Proper Clause
Yes!

12. Implied powers Added Info: Definition:
Chapter 4, Section 1
Added Info:
Definition:
Implied Powers
Inherant Powers
Constitutionalism
veto
Rule of law
powers not specifically mentioned but suggested by the expressed powers
The elastic clause
(it stretches to fit)
Implied powers
Examples:
Picture:
building the interstate highway system
banning racial discrimination in public places
Social Security
Elizabeth Eckford in front of Little Rock Central 1957
Yes!

13. Elastic Clause Added Info: Definition:
Chapter 4, Section 1
Added Info:
Definition:
Inherant Powers
concurrent
veto
Elastic Clause
Rule of law
Constitutionalism
Gives Congress the power to make all laws “necessary and proper” for carrying out its expressed powers
Common nickname for the “necessary and proper” clause
Elastic
Clause
Examples:
Picture:
The vagueness has allowed to Federal government to greatly increase its power in relation to the States
Yes!

14. Inherent Powers Not based on the Constitution Added Info: Definition:
Chapter 4, Section 1
Added Info:
Definition:
veto
Rule of law
Inherent Powers
Constitutionalism
Not based on the Constitution
Every national government has certain powers
Inherent Powers
Examples:
Picture:
acquiring territory
defending the nation
regulating immigration
conducting diplomacy
Yes!

15. 2) The power of congress to tax and spend money is an example of
A) an implied power
B) an express power
C) an inherent power
D) All of the above B

16. Powers Denied to the States
Making treaties with foreign governments
Keeping troops or ships in time of peace
Authorizing private persons to prey on the shipping and commerce of other nations
Coining money, issuing bills of credit, or making anything but gold and silver coin legal tender in payment of debts
Taxing imports or exports
Taxing foreign ships
Engaging in war

17. Quick Assessment
1) State governments have historically been strong guardians against
A) segregation
B) discrimination
C) slavery
D) none of the above D

18. 2) State governments are A) stronger than ever
B) continuing to lose power
C) weaker than ever
D) irrelevant A
Police Power: In the U.S., most police power is reserved to the states.

19. B) decreased federal control C) increased federal regulation
3) State regulation of their economies have led some business interests to call for
A) state compacts
B) decreased federal control
C) increased federal regulation
D) none of the above C

20. Interstate Relations
Article IV of the Constitution attempts to resolve potential problems between states by stipulating the following:
Full faith and credit
Privileges and
immunities
Extradition
Interstate compacts
States must give full faith and credit to each other’s public acts, records, and judicial proceedings; extend to each other’s citizens the privileges and immunities it gives its own; return fugitives from justice and settle disputes with one another without the use of force, either via the Supreme Court or negotiations.
Three clauses in the Constitution require states to treat each other well.
Full faith and credit requires each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records as valid.
Interstate privileges and immunities means that states must give citizens of other states the same treatment they give their own citizens.
Extradition means that a person who has fled one state will be turned over to the state from which he or she is fleeing.
Interstate compacts are the agreements between states to settle disputes – the Congress usually approves of these compacts.

21. Political Culture: Reflected in State’s Policies
States tend to have a more liberal or more conservative political culture, which is
reflected in their policies, whether for moral issues or other issues.

22. The "Full Faith and Credit Clause" is Article VI, Section 1, of the U
The "Full Faith and Credit Clause" is Article VI, Section 1, of the U.S. Constitution. This article maintains that state courts must enforce the judgments of courts in other states and accept their public records and acts as valid. This clause became controversial in 1998 when courts in Hawaii permitted same-sex marriages. With presidential support, Congress passed the Defense of Marriage Act, which relieved other states from any obligation to honor Hawaiian gay marriages.
Gay couples renew their vows to each other in this ceremony in San Francisco's Metropolitan Community church.
States must give full faith and credit to each other’s public acts, records, and judicial proceedings; extend to each other’s citizens the privileges and immunities it gives its own; and return fugitives from justice.

23. The Role of the Federal Courts: Umpires of Federalism
McCulloch v. Maryland (1819)
Gibbons v. Ogden (1824)
Federal Courts and the Role of States
The Great Debate: Centralists vs. Decentralists
The Decentralist Position - favor state or local action rather than national action.
The Centralist Position - favor national action over action at the state and local levels.
The Decentralist Position: Views the Constitution as a compact among states that gives the central government very little authority.
The Centralist Position: The central government should be denied authority only when the Constitution clearly prohibits it from acting.

24. The Great Debate The National Courts and Federalism Centralists
From the beginning of the Republic, there has been a debate about the proper distribution of powers, functions, and responsibilities—the two sides have literally fought over this debate—Civil War.
The Great Debate
Centralists
Abraham Lincoln, FDR
Reject the idea that the Constitution is an interstate compact
National government is the government of all the people
Decentralists
Antifederalists, Thomas Jefferson, Ronald Reagan
Constitution is a compact among sovereign states
National government should not interfere with activities of the states
Devolution revolution, states’ rights 24

25. Defining Constitutional Powers
The Supreme Court and the Role of Congress
McCulloch v. Maryland
Affirmed that the power of Congress is not strictly limited to the expressed powers. Marshall held that Congress has implied powers to carry out the expressed powers.
This case set the precedent for the national government to regulate a wide range of economic activities.
In 1819, the Supreme Court had the first of many chances to define the division of power. The Court ruled that a state cannot tax an instrument of the national government. Marshall found that there are implied powers that the national government can exercise. This ruling went a long way toward developing nationalism and unifying the national economy.
The Supreme Court has played a major role in the relationship between the states and the national government. From 1937 to the 1990s, the Courts had stepped back from protecting states from the federal government, but in the last 15 years, the Court has signaled it will intervene.
Mostly, it is important for students to note that the battles surrounding the creation of the country in the 18th century are not over.
© Bettmann /Corbis
Chief Justice John Marshall:
“Let the end be legitimate.”

26. Types of Federal Grants
In 1996 there was a shift from categorical grants to block grants
2 types of categorical grants:
Formula grants
Project grants
Block grants
Far more flexible
2007
in billions
$51.5
$95
$57.9
Category – Major Items
Health – medical assistance
Income Security – UI, retirement, welfare to work
Education – Elementary & Secondary schools, job training, foster care
Transportation – Highways
All Others: $21.8 Community & Regional renewal - Housing Urban Dev
$5.9 Natural resources & environment – Construct sewage treatment plants
$4.1 General government – collection of taxes
$0.7 Agriculture – crop insurance, animal & plant health programs
$0.9 Other – National defense, energy, veteran benefits, admin of Justice
$459.0 Total
The major instruments of federal intervention in state programs have been various kinds of financial grants-in-aid, of which the most prominent are categorical-formula grants, project grants, and block grants. The national government also imposes federal mandates and controls the activities of state and local governments by direct orders, cross-cutting requirements, cross-over sanctions in the use of federal funds, total preemption, and partial preemption.
$216.5
Purposes of Federal Grants to State and Local Governments

27. Where the Money Goes Categorical “Strings-Attached” Grants
Increase in Federal Aid to State and Local Governments Since 1950
Project Grants
Categorical “Strings-Attached” Grants
Block Grants
Federal Mandates
Formula Grants
Categorical-formula grants are those that are for a specific purpose (homeland security)—distributed to states based on population requiring states to pay for some of it, usually on a matching basis. These grants are tightly monitored.
Project grants are those that the national government support a specific activity (highway construction) —restricted to a fixed amount of time and can only be spent within tight guidelines.
Block grants are those that have fewer strings and less federal supervision—money comes down to states and the states use it as they see fit.
The national government is being the harshest to states when it uses unfunded mandates—the national government requires states to do things without providing money. The Unfunded Mandates Reform Act was passed in 1995 which required Congress to evaluate the impact of said mandates. This has resulted in restraining their use—since 1995, only 11 unfunded mandates have been used.

28. Utility of Federal Grants
To supply state and local governments with revenue
To establish minimum national standards for such things as highways and clean air
To equalize resources among states
To attack national problems yet minimize the growth of federal agencies
The national budget uses federal grants to get states to apply—Congress has deeper pockets than most wealthy states. These grants serve four purposes—the fourth of which is the most important.

29. Quick Assessment
1) Federal grants serve four purposes, one of which is to
equalize state revenues.
provide government with a way to levy more taxes.
supply the Supreme Court with revenue.
supply the state and local governments with revenue. D

30. B) categorical-formula grants C) project grants
2) Which type of federal grants "are allocated by formula and are subject to detailed federal conditions?"
A) block grants
B) categorical-formula grants
C) project grants
D) revenue-sharing grants B

31. B) special-funds grant C) project grant D) none of the above
3) If you are not a government agency but have a proposal for a program, you might apply for a
A) loan
B) special-funds grant
C) project grant
D) none of the above C

32. C) regulatory infringement D) line-item regulation
4) A rule or regulation handed down to the states without money attached is called
A) unfunded mandates
B) unitary government
C) regulatory infringement
D) line-item regulation A

33. Accomplishments of Federal Authority
Civil rights & the War on Poverty
Economic relief
States favor the status quo
Federal Grants to State and Local Governments: 1929, 1939, 2007
The Shift Toward Central Government Spending

34. The Politics of Federalism, a Republican Issue
The Growth of Big Government
The Devolution Revolution: Rhetoric Versus Reality
“New Federalism.” Beginning with President Richard Nixon (1969–1974), the Republican Party championed devolution, or the transfer of powers from the national government to the states. They called this policy federalism, a new use of the term.
Under current conditions liberals may have pragmatic reasons to support states’ rights in some instances, such as in gay rights issues.

35. A new survey from the Pew Research Center finds wide gaps in how different generations view politics.
Older voters (Silent) are more conservative, more angry at the government and less hopeful about the future of the country.

36. The Public’s View of the Role of Government
This graphics shows that Americans are split on whether the federal government is handling major issues satisfactorily. Overall, confidence in state governments has gone up while respect for national agencies has diminished, with one-third dissatisfied. However, more voters participate in congressional and presidential elections, and national affairs are more often on people’s minds than state and local politics.
Source: Washington Post, 2008

37. Quick Assessment 1) Americans trust in the federal government has
A) remained unchanged
B) grown in recent years
C) historically been low
D) declined in recent years D

38. 2) Those who favor state or local action rather than federal action are called
A) patriots
B) decentralists
C) confederates
D) unifiers B

39. 3) The "devolution revolution" refers to
A) reductions in the power of state governments
B) reductions in the value of the American dollar
C) a movement begun by 1974 to shift federal responsibilities to the states
D) none of the above C

40. The Future of Federalism
"Federalism has a dark history to overcome. For nearly two hundred years, states' rights have been asserted to protect slavery, segregation, and discrimination."
"One national dumb rule is better than 50 inconsistent rules of any kind," says a lawyer who represents trade groups in the food industries and medical devices.
Some evidence suggests that the anti-Washington sentiment "is 3,000 miles wide but only a few miles deep."
What do these statements say about Federalism and its future as the design for American democracy?
What will drive the demand for Federal action in the future?