Federalism

Hot Issues Some of the hottest issues in American politics are, at their core, disputes over federalism. Some hot issues involving federalism today are Gay marriage Medical marijuana Immigration enforcement

Governmental Structure Unitary System: local governments are subservient to the national government (13 Colonies) Confederal system: system where several sovereign states agree to cooperate and create a central governing body, but states retain ultimate power (Articles of Confederation) Federalist System/ Federalism: a political system where two levels of government each have sovereignty over different policy matters. Dual Sovereignty (U.S. Constitution 1787)

Federal and State Powers In general, the federal government has power over economic issues, the military and defense. In general, state governments have power over social, moral, and family issues.

Types of Federalism Dual federalism: Both national and state governments are supreme in their own spheres, which are to be kept separate. Cooperative federalism: the state and federal spheres overlap and distinctions between them are blurred.

Relationships Between States Important Clauses The “Full Faith and Credit Clause” requires states to recognize the public acts and legal judgments of other states. (Drivers license) The “Privileges and Immunities Clause” requires states to offer out-of-state citizens the same treatment as in- state residents.(Vote in elections) Extradition is a process where a state must return a person when he or she has been charged with a crime in another state.

Federalism’s evolution

ERA of Dual Federalism (1788-1930) States and Federal powers are mostly separate. National Government takes care of its enumerated powers (listed powers- ) State governments take care of their reserved powers (10th Amendment-State Rights)

THE KEY 3 COURT CASES 1. Marbury v. Madison (1803)=Judicial Review 2. McCulloch v. Maryland (1819)=Necessary and Proper Clause 3. Gibbons v. Ogden (1824)=Regulate Interstate Commerce Federalist John Marshall (Supreme Court Justice) expands the power of the Federal Judiciary and the Federal Government

Increasing National Power In Gibbons v. Ogden (1824), the Court defined commerce, This allowed things like shipping and navigation to qualify as commerce and, under the Commerce clause in the Constitution, gave the federal government more power over interstate commerce (not intrastate commerce). Civil War ended the debate of state rights: Constitution was the supreme law of the land!

Cooperative Federalism (1930-Present) Great Depression and the New Deal Gave power to local cities from federal government: FDR needed to get around state power groups Marks the change to Cooperative Federalism layer cake to marble cake

LBJ AND THE GREAT SOCIETY 1964 Civil Rights Act War on Poverty Earmarks (federal aid goes where federal government thinks it would do most good) States losing power to the Federal Government

AMENDMENTS ADD TO FEDERAL GOVERNMENTS POWERS 14TH Amendment. (Due Process) 16th Amendment (Congress can levy an income tax) 17th Amendment (Senators) 24th Amendment (No Poll Tax)

Ronald Reagan and new federalism New Federalism: Reduce Federal Government by increasing power of state governments. Block grants give money to states with few strings attached in hopes of decreasing federal bureaucracy The Devolution Revolution (Ronald Reagan)

) Photo Caption. How does a president’s view of government affect public policy? Here, the cartoonist uses satire to illustrate contrasting views on the roles of the federal government. Although overstated, this comparison between Presidents Ronald Reagan and Barack Obama shows how their views of federalism are reflected in their policy agendas.

Devolution of Power Devolution occurs when the federal government gives more authority and discretion to state governments. Block grants (the Welfare Reform Act is an example) were devoted to general purposes with few restrictions. Revenue sharing requires no matching funds and can be spent on almost any governmental purpose.

United states v. lopez Individually research the U.S. Supreme Court case: United States v. Lopez In your journal answer the following questions: What happened with Alfonso Lopez? What did the Supreme Court decide and why? What is the larger impact of this case?

Concurrent Powers 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

Fiscal Federalism

KEY TERMS TO KNOW – Fiscal Federalism Categorical Grants: $ from congress for a specific purpose Block Grants: $ from congress and states have wide discretion as to how to spend it Mandates: federal rules that states or localities must obey, generally have little or nothing to do with federal aid An unfunded mandate occurs when states must comply with a federal law but are not provided with funds. (Americans With Disabilities Act).

Federal Aid and Federal Control Fiscal federalism is the use of federal taxing and spending which impacts the states through grants-in-aid. Conditions of aid: tell state governments what they must do if they wish to receive grant money. Raising the drinking age to 21 is an example of this.

Categorical Grants v. Revenue Sharing Categorical grants are for specific purposes defined by federal law; they often require local matching funds. 2 types: Project grants are based on competitive applications and must be used for a specific purpose (like building an airport) Formula grants are based on a formula (like the percentage who fall below the poverty level)

Types of Spending Discretionary Spending: voted on by politicians Mandatory Spending: requires no approval from Congress (Social Security) Entitlement Spending: government program guaranteeing access to some benefit by members of a specific group and based on established  rights or by legislation. Largest portion of “uncontrollable spending” in federal budget Social Security, Public Education, Medicare, Unemployment