The Constitutional Underpinnings Unit IIB Federalism: The Relationship, Powers, and Limits of the Federal and State Governments

What is Federalism? n The Constitution established a federal republic n Division of powers between the national government and the states n Supreme authority rests with the national government, but some powers are reserved to the states

Know the Types of Powers n Delegated/Expressed/Enumerated Powers –Specifically written/given to national government –i.e. Declare war, coin money n Implied Powers –Powers based on open interpretation –Necessary and Proper Clause (Elastic Clause) –i.e. Bank of the United States n Inherent Powers –Powers granted based on the sovereignty of the government –In order to facilitate a working government –i.e. Preamble; acquire territory; not recognize foreign governments n Concurrent Powers –Shared powers between the national government and the states –i.e. Levy taxes n Reserved Powers –Powers limited to the states –i.e. Education, welfare, intrastate commerce, elections

Article IV: Federalism n Full Faith and Credit Clause –States must recognize laws of other states n Privileges and Immunities Clause –No discrimination of non-resident citizens –Interstate travel permitted n Interstate Rendition Clause –Extraditions n Interstate Compacts –Commercial or legal relationships between states with congressional approval –Port Authority between New York and New Jersey

National Government Guarantees to the States n Under Article IV, the federal government must guarantee: –Each state a republican form of government –Defense from foreign invasion and domestic violence –Ensure borders

Article VI: National Supremacy n Supremacy Clause –The Constitution is the “supreme law of the land” n Fletcher v. Peck (1810) n McCulloch v. Maryland (1819) –Second Bank of the United States n Gibbons v. Ogden (1824) –Commerce Clause n United States v. Lopez (1995) –Guns in school zones

Tenth Amendment n “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.”

Federalism and Laws Federal Superiority n Civil Rights Act of 1964 n Voting Rights Act of 1965 n Title IX of ESEA (1972) n Clean Air Act (1970) n American with Disabilities Act (ADA) (1990) n No Child Left Behind Act (2002) States’ Rights n Personal Responsibility and Work Opportunity Act –Welfare Reform Act of 1996

Federalism: Good and Bad n Best for large nation n Avoids concentration of power n Preserved state sovereignty n States are training/testing grounds n Government close to the people n Limits of the Constitution n Too many governments n Duplication of powers and functions n Conflicts of authority

History and Development of Federalism n Dual Federalism n Cooperative Federalism n Creative Federalism n New Federalism/Competitive Federalism n Fiscal Federalism

Dual Federalism n Form of federalism from n National government and state governments retain separate powers and jurisdiction n aka layer-cake federalism n Sovereignty and limits of national government and state governments expressly upheld n Sharing of powers extremely limited

Cooperative Federalism n Form of federalism from s –aka marble-cake federalism n National government and state governments sharing more powers and cooperating on issues n New Deal programs and laws –Social Security Act –National Labor Relations Board –Federal Deposit and Insurance Corporation (FDIC) –Securities and Exchange Commission (SEC)

Mmm…Cake

Creative Federalism n Form of federalism of the 1960s under President Lyndon Johnson n Enhanced form of cooperative federalism n National government broadly expanded its power and influence in states and local governments n Great Society programs and laws –Civil Rights Act of 1964 –Voting Rights Act of 1965 –Medicare –Medicaid –Economic Opportunity Act –Elementary and Secondary Education Act –Housing and Urban Development Act –Highway Safety Act

New Federalism n Form of federalism from 1970s to 2000s –aka Competitive Federalism –aka Our Federalism –Nixon, Reagan, W. Bush policies n Devolution –National government reduced its influence –States assumed more responsibility –Block grants for welfare, health, jobs

Fiscal Federalism n Grants-In-Aid –Federal funds and resources provided to states and local governments –Categorical Grants F Federal funds for specific programs and projects F Project grant - competitive application –Research project F Formula grant - awarded on established formula –Medicaid –Block Grants F Federal funds for a broad category F States assume power to appropriate funds in category n Revenue Sharing –Federal tax revenue granted to states/local governments with limited restrictions on spending n Mandates –Federal requirements applied to states and local governments –Unfunded mandates impose federal requirements at state/local expense