AP Government: Federalism

The word “federalism” is not mentioned in the Constitution but the writers of the Constitution carefully defined the powers of the state and national governments. It was clearly meant to be a device that protected personal liberties (through separation of powers) Supremacy Clause- Article VI of the Constitution states that the supreme law of the land is the Constitution, the laws of the national government, and treaties. The U.S. Constitution Laws of Congress Treaties Judges in every state are bound by the Constitution.

-How much we pay in taxes. -How fast we can drive. -Drinking age. Federalism explains many of the government actions that affect our everyday lives: -How much we pay in taxes. -How fast we can drive. -Drinking age. -How “successful” our schools are. -Whether children are covered by health insurance. -Punishments for crimes (death penalty) -What school cafeterias offer for lunch.

Other Governments: Unitary governments: a way of organizing a nation so that all power resides in the central government. “local governments exist to serve the federal government.” The relationship of state and local governments can be described as unitary. Confederation: The United Nations is a modern example. Historical Example: Articles of Confederation

Establishing National Supremacy Implied and enumerated powers McCulloch v. Maryland (1819) Commerce Powers Gibbons v. Ogden (1824) The Civil War (1861-1865) The Struggle for Racial Equality Brown v. Board of Education (1954)

Concurrent powers Authority possessed by both state and national governments and exercised concurrently (at the same time) Power to tax Right to borrow money Establish courts Make and enforce laws to carry out these powers

Denied Powers: States cannot: Congress cannot: Enter into treaties Coin money Impair obligation of contracts Cannot enter into compacts with other states without congressional approval Congress cannot: Favor one state over another in regulating commerce Cannot lay duties on items exported from any state (No State Tariffs)

Has not had much significance through history. Added as an afterthought to calm states that feared the intentions of nationalists. Has not had much significance through history. Supreme Court has recently given more importance to Tenth Amendment. Federalism has changed over time to meet new political needs. Over the course of U.S. history, American federalism has experienced a steady expansion in national power.

In recent years, a trend in American federalism called devolution has attempted to return power to the states. A new trend: Transferring responsibilities for policies from the federal government to state and local governments. This is called devolution Historical Basis: existence of states guaranteed by the Constitution Beginning with Ronald Reagan in 1981, Republicans aimed to restrict the scope of the national government and return responsibility for policies to the states after gaining Congress in 1994. Since the 1990’s, however, Republicans have adopted a more pragmatic approach to federalism and have been more willing to use the federal government. Ultimately, empowering states has not meant disempowering Congress. The Courts have allowed the federal law to do almost anything it wishes as long as it does not go too far in “commandeering” state resources or states’ rights.

Dual Federalism- a form of federalism in which states and the national government each remain supreme within their own spheres. Like a layer cake Narrowly interpreted powers of federal government Ended in the 1930s

Cooperative Federalism: a system of government in which powers and policy assignments are shared between states and the national government Like a marble cake Shared costs and administration States follow federal guidelines

Fiscal Federalism: the pattern of spending, taxing, and providing grants in the federal system The cornerstone of the national government’s relations with state and local governments

Fiscal Federalism (continued) The Grant System: Distributing the Federal Pie Categorical Grants: federal grants that can be used for specific purposes; grants with strings attached Project Grants: based on merit Formula Grants: amount varies based on formulas Block Grants: federal grants given more or less automatically to support broad programs Grants are given to states and local governments.

Fiscal Federalism (continued) The Scramble for Federal Dollars $460 billion in grants every year Grant distribution follows universalism—a little something for everybody. The Mandate Blues Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant. Unfunded mandates

States’ Obligations to Each Other Full Faith and Credit: Each state must recognize official documents and judgments rendered by other states. Article IV, Section I of Constitution Privileges and Immunities: Citizens of each state have privileges of citizens of other states. Article IV, Section 2 of Constitution Extradition: States must return a person charged with a crime in another state to that state for punishment.