Copyright 2009 Pearson Education, Inc., Publishing as Longman Longman PoliticalScienceInteractive Magleby & Light Government by the People Chapter 3 American Federalism

Turn and Talk What is Federalism? Copyright 2009 Pearson Education, Inc., Publishing as Longman

Read Aloud “What is Federalism?” Supplemental Reading Copyright 2009 Pearson Education, Inc., Publishing as Longman

Defining Federalism Federalism Constitutional arrangement whereby power is distributed between a central government and subdivisional governments (eg., states). The national and the subdivisional governments both exercise direct authority over individuals.

The Argument Federalist vs. Anti-Federalists National vs. States Copyright 2009 Pearson Education, Inc., Publishing as Longman

Number of Governments in the United States

Clauses Establishment Clause – 1 st Amendment Full Faith and Credit Clause – Article IV, Section 1 Supremacy Clause – Article VI, Clause 2 Necessary and Proper Clause - Article I, Section 8, Clause 18 Copyright 2009 Pearson Education, Inc., Publishing as Longman

States complain that National Government controls too much of what they do. Impatient with the lack of action by the national government. Limits states’ authority Debates Over the Relationship of the National Government and the States:

Versions of Federalism Cooperative Federalism Marble Cake Federalism Competitive Dual Federalism Permissive New Federalism Copyright 2009 Pearson Education, Inc., Publishing as Longman

Versions of Federalism Dual FederalismCooperative Federalism Marble Cake Federalism Competitive Federalism

Copyright 2009 Pearson Education, Inc., Publishing as Longman Versions of Federalism Permissive Federalism “New Federalism”

Copyright 2009 Pearson Education, Inc., Publishing as Longman Versions of Federalism Dual Federalism Views the constitution as giving a limited list of powers to the national government, leaving the rest to sovereign states Cooperative Federalism Federalism as a cooperative system of intergovernmental relations in delivering goods and services to the people Marble Cake Federalism “As the colors are mixed in a marble cake, so functions are mixed in the American federal system” Competitive Federalism Views the levels of government as being in competition to provide packages of services and taxes

Copyright 2009 Pearson Education, Inc., Publishing as Longman Versions of Federalism Permissive Federalism Powers are shared, but state power rests upon the permission and permissiveness of the national government “New Federalism” Presumes that the power of the federal government is limited in favor of the broad powers reserved to the states

Others…. Unitary – all political and economic power is given to central government Confederation – sovereign nations create a national government within. Copyright 2009 Pearson Education, Inc., Publishing as Longman

Alternatives to Federalism

Copyright 2009 Pearson Education, Inc., Publishing as Longman Federalism and Confederation

Copyright 2009 Pearson Education, Inc., Publishing as Longman Why Federalism? Compromise between centralized and decentralized government Limit tyranny Unity without uniformity Encourage policy experimentation Training for national officials More arenas for public participation Keeps Government close to the people

Independent Reading “Democratic Laboratories” – Andrew Karch Copyright 2009 Pearson Education, Inc., Publishing as Longman

Powers of State and National Government

Copyright 2009 Pearson Education, Inc., Publishing as Longman Who Am I? Chief Justice John Marshall

Copyright 2009 Pearson Education, Inc., Publishing as Longman Who Am I? Justice Thurgood Marshall

Copyright 2009 Pearson Education, Inc., Publishing as Longman Powers of Government Delegated Powers Supremacy Clause Implied powers Necessary and proper clause Commerce Clause Express powers Reserve Powers Inherent powers Full Faith and Credit Clause Concurrent Powers

Copyright 2009 Pearson Education, Inc., Publishing as Longman Powers of Government Delegated Powers Supremacy Clause Implied powers Necessary and proper clause Commerce Clause Express powers Reserve Powers Inherent powers Full Faith and Credit Clause Concurrent Powers

Copyright 2009 Pearson Education, Inc., Publishing as Longman Constitutional Framework of Federalism National Government has only those powers delegated to it by the constitution. (Delegated Powers) Exception is (Inherited Powers) which is power over foreign affairs. Within the scope of their power, the National Government is Supreme. The state governments have the powers not delegated to the National Government except those denied to them by the Constitution or by state constitutions. Some powers are specifically denied to both the national and state governments; others are specifically denied only to the states or to the national government.

Delegated Powers Those powers that are explicitly listed in the Constitution and given to the three branches of government. Ex: Article I, Section 8 Also known as “Expressed” or “Enumerated Powers” Copyright 2009 Pearson Education, Inc., Publishing as Longman

Implied Powers Powers that Congress has “assumed” constitutionally which are inferred from delegated powers. Ex. Create Banks Necessary and Proper Clause (Elastic Clause) (Article I, Section 8, Clause 18 Copyright 2009 Pearson Education, Inc., Publishing as Longman

Inherent Powers Powers given to Congress for issues of foreign affairs. Necessary and Proper Clause (Elastic Clause) (Article I, Section 8, Clause 18 Copyright 2009 Pearson Education, Inc., Publishing as Longman

Expansion of National Government To meet the needs of a modern world: Supremacy Clause (Article VI, Clause 2) War Power (Article I, Section 8, Clause 11) Commerce Clause (Article I, Section 8, Clause 3) Copyright 2009 Pearson Education, Inc., Publishing as Longman

Commerce Clause “Commerce is defined as all intercourse among states that affect more states than one.” -Chief Justice Marshall Copyright 2009 Pearson Education, Inc., Publishing as Longman

Constitutional Pillars Enabling National Government Expansion National supremacy article – McCullough v. Maryland War power Power to tax and spend –Federal mandates –Power of the Purse Power to regulate interstate and foreign commerce –Commerce clause – Gibbons v. Ogden – United States v. Lopez – Gonzales v. Raich

Copyright 2009 Pearson Education, Inc., Publishing as Longman Powers of the States Reserve powers: Powers reserved to the State. I.E (Create schools, local government, speed limits) (10 th Amendment) Concurrent powers: Powers given to both the National Government and to the States. (Taxes, commerce within)

Copyright 2009 Pearson Education, Inc., Publishing as Longman Interstate Relations Full faith and credit clause (Article IV, Section 1) Interstate privileges and immunities (Article IV, Section 2, Clause 1) Extradition (Article IV, Section2, Clause 2) Interstate compacts

Copyright 2009 Pearson Education, Inc., Publishing as Longman Nat’l Control Over States Federal mandates: A requirement the federal government imposes as a condition for receiving federal funds. Ex: Race to the Top

Copyright 2009 Pearson Education, Inc., Publishing as Longman Gonzalez v. Raich “ Federalism promotes innovation by allowing for the possibility that "a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country...“ -Dissenting Opinion Justice Sandra Day O’Connor

United States v. Lopez Gun-Free Zone Act of 1990 First case that limited Congress’s power under the Commerce Clause In a 5–4 decision, the Supreme Court affirmed the decision of the Court of Appeals. It held that “while Congress had broad lawmaking authority under the Commerce Clause, the power was limited, and did not extend so far from "commerce" as to authorize the regulation of the carrying of handguns, especially when there was no evidence that carrying them affected the economy on a massive scale.” Copyright 2009 Pearson Education, Inc., Publishing as Longman

The Federal Courts and Federalism: McCulloch v. Maryland (1819) “Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.” “The power to tax involves the power to destroy…If the right of the States to tax the means employed by the general government be conceded, the declaration that the constitution, and the laws made in pursuance thereof, shall be the supreme law of the land, is empty and unmeaning declamation.” Doctrine of Implied National Powers Doctrine of National Supremacy

Copyright 2009 Pearson Education, Inc., Publishing as Longman The Great Debate: Centralists versus Decentralists Centralism Supporters: Chief Justice John Marshall, Presidents Abraham Lincoln, Theodore Roosevelt, and Franklin Roosevelt, and the Supreme Court for most of its history Position: The central government should be denied authority only when the Constitution clearly prohibits it from acting Decentralism Supporters: Anti-Federalists, Thomas Jefferson, Supreme Court from 1920s to 1937, and Presidents Ronald Reagan and George W. Bush Position: Views the Constitution as a compact among states that gives the central government very little authority

Copyright 2009 Pearson Education, Inc., Publishing as Longman The Great Debate: Centralists versus Decentralists Centralism Arguments: Supreme Law of the Land, People not States created the Constitution, all people not just states’ people. “government representing part of the peoplle cannot be allowed to interfer” Decentralism Arguments: Advocate of the 10 th Amendment, states are closer to the people, nat’l gov too bureaucratic, necessary and proper clause has been expanded to extreme

Copyright 2009 Pearson Education, Inc., Publishing as Longman The Supreme Court and the Role of Congress From 1937 until the 1990s, the Supreme Court removed federal courts from what had been their role or protecting states from acts of Congress Expansion of Commerce Clause Courts interpreted the Commerce Clause to allow Congress to do whatever Congress though necessary and proper to promote the common good, evn if it involved state and local government activities.

Copyright 2009 Pearson Education, Inc., Publishing as Longman The Supreme Court and the Role of Congress Beginning in 1995, justices interested in granting more deference to state authority gained a slim five-to-four majority in the Supreme Court The Constitutional Counterrevolution A return to an older version of federalism not embraced since the constitutional crisis over the New Deal in the 1930s

Copyright 2009 Pearson Education, Inc., Publishing as Longman United States v. Morrison 1994 Congress passes Violence Against Women’s Act (Uses Commerce Clause to support Act) Gave women the right to sue their male attacker in federal court Chief Justice Rehnquist, writing for the majority, held that Congress lacked authority, under either the Commerce Clause or the Fourteenth Amendment, to enact this section. (Equal Protection of Law)RehnquistCommerce ClauseFourteenth Amendment

Copyright 2009 Pearson Education, Inc., Publishing as Longman Results of Lopez and Morrison Cases With regard to the Commerce Clause, the majority said that the result was controlled by United States v. Lopez (1995), which had held that the Gun-Free School Zones Act of 1990 was unconstitutional. There as in Morrison, the Court stressed "enumerated powers" that limit federal power in order to maintain "a distinction between what is truly national and what is truly local." Lopez therefore limited the scope of the Commerce Clause to exclude activity that was not directly economic in nature, even if there were indirect economic consequences. Lopez was the first significant limitation on the Commerce Clause powers of Congress in 53 years. United States v. Lopez

Turn and Talk Fiscal Federalism Copyright 2009 Pearson Education, Inc., Publishing as Longman

Turn and Talk Fiscal Federalism: the taxation and distribution of monies by the federal government to state and local government to fund projects. Copyright 2009 Pearson Education, Inc., Publishing as Longman

Federal grants are Congresses most potent tools for influencing policy at the state and local levels. Money comes from the Federal Government. Copyright 2009 Pearson Education, Inc., Publishing as Longman Grants-In-Aid

Categorical Grants: appropriated by Congress for specific purpose. Uses formula to calculate amount allocated. They are subject to numerous regulations and there is a state matching of dollars. Ex: school lunches, highway construction or repair, airport building. Although hundreds of categorical grants, medicaid and aid to familes accounts for 85% of total spending. Project Grants: State or local governments or agenciess must apply for these grants. Ex: Science research, employment and training programs. Copyright 2009 Pearson Education, Inc., Publishing as Longman Federal Grants

Block Grants: flexible money given to states and local government to aid in broad activities such as health services, welfare or public education. Very little string attached. Proposed by Ronald Regan “New Federalism”. Allows state to monitor and allocate funds as they see fit. Copyright 2009 Pearson Education, Inc., Publishing as Longman Federal Grants

Cross-Over Sanctions: Uses federal funds in one program to influence state and local policy in another. Ex: In 1984, Reagan withheld money for highway construction to any state who did not raise drinking age to 21. Cross-Cutting Requirements: federal grant must be extended to all activities supported by federal funds. Ex: Universities must not discriminate against on the basis of race, color or national origin for athletics – could lose monies for other programs. Total or Partial Preemption: National Government uses supremacy clause to establish basic polcies in state or local government. Ex: Homeland Security / Katrina support. Copyright 2009 Pearson Education, Inc., Publishing as Longman Other Methods of Control

Copyright 2009 Pearson Education, Inc., Publishing as Longman Regulatory Federalism FEDERAL GRANTS: Supply state and local governments with revenue Establish minimum national standards (eg., highways, clean air) Equalize resources among the states Attack national problems, yet minimize the growth of federal agencies

Copyright 2009 Pearson Education, Inc., Publishing as Longman 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 Purposes of Federal Grants to State and Local Governments

Copyright 2009 Pearson Education, Inc., Publishing as Longman The Politics of Federal Grants The Republican “Contract with America” called for devolution— the transfer of political and economic power to the states For example: Welfare

Mandates: A more recent control on the activities of state government. Orders a state to meet federal guidelines. Mandates are often tied to Federal Grant money and have nothing to do with the federal aid itself. Most apply to civil rights and environmental protection. Unfunded mandates: Federal mandates with no adequate funding from the Federal government. Ex: No Child Left Behind (NCLB) 1996 Unfunded Mandate Reform Act Copyright 2009 Pearson Education, Inc., Publishing as Longman Mandates

1983 – Social Security Administration 1984 – Highway Safety 1986 – Handicapped Children’s Protection Act 1988 – Drug Free Work Place Act 1990 – Clean Air Act Americans with Disabilities Act 1996 – Welfare Reform Act 2001 – NCLB Homeland Security Act Copyright 2009 Pearson Education, Inc., Publishing as Longman Unfunded Mandates

Copyright 2009 Pearson Education, Inc., Publishing as Longman New Techniques of Federal Control Total and Partial Preemption Crossover Sanctions Cross-Cutting Requirements Direct Orders

Copyright 2009 Pearson Education, Inc., Publishing as Longman The Growth of National Government Why has the power of the national government grown over the last two centuries? Industrialization Great Depression WW I and WWII Civil Rights Federal Regulations Terrorism

The effort to slow the growth of the Federal Government by returning many functions to the state. Copyright 2009 Pearson Education, Inc., Publishing as Longman Devolution Revolution

Copyright 2009 Pearson Education, Inc., Publishing as Longman The Politics of Federal Grants: Devolution

Copyright 2009 Pearson Education, Inc., Publishing as Longman The Future of Federalism During recent decades, state governments have become stronger than ever. - Increasingly aggressive on economic and environmental matters - Questionable effect on minority rights Even so, the persistence of international terrorism, the wars in Afghanistan and Iraq, and rising deficits all ensure a substantial role for the national government in the years to come.