Federalism Chapter 3

FEDERALISM We have a federal government Federalism describes a system of government under which the national and local governments share powers Under a federal government, some powers belong exclusively to the national government, some exclusively to the states, and some are shared by the two

Federal government Divided into more than one level Different bodies share power over the same group of people Examples: United States, Germany, Canada

Unitary government There is only ONE central government which has authority over that nation There are no levels of government which share power Examples: Japan, France, and Great Britain

Confederation An association of states with some authority delegated to the national government The states in such a system retain most of the power, but the federal government is authorized to carry out some functions like diplomatic relations Example: Former USSR

Supremacy Clause Located in Article VI Makes the Constitution, national laws, and treaties supreme over state laws In cases of discrepancy, federal laws usually supersede state laws

Delegated Powers Those powers granted to the national government by the Constitution. Sometimes also called “enumerated”

Implied Powers Those delegated powers of the national government that are suggested by the expressed powers set out in the Constitution Those “necessary and proper” to carry out the expressed powers

Tenth Amendment Located in the Bill of Rights Grants all powers not specifically reserved for the national government to the states Often cited in arguments in favor of states’ rights

McCulloch vs. Maryland The state of Maryland tried to tax the Baltimore branch of the national bank The Baltimore branch refused to pay Supreme Court decided in 1819 that the national government had supremacy over state governments Also, Chief Justice John Marshall and his colleagues upheld implied powers

Elastic Clause Located in Article I, Section 8 Authorizes Congress to pass all laws “necessary and proper” to carry out the enumerated powers THINK rubberband

Gibbons vs. Ogden A landmark case decided in 1824 in which the Supreme Court interpreted very broadly the clause in Article I, Section 8, of the Constitution giving Congress the power to regulate interstate commerce, encompassing virtually every form of commercial activity

States’ Obligations to Each Other Full Faith and Credit Each state must recognize the official documents and civil judgments rendered by the courts of other states Helps coalesce the state laws under a national umbrella

States’ Obligations to Each Other Extradition Alleged criminals are sent from one state back to the state in which the crime supposedly happened

States’ Obligations to Each Other Privileges and Immunities When you visit another state, for the most part you should be treated in the same way as the citizens of that state For example, you shouldn’t have to pay more sales tax than any other permanent resident of that state

Marble Cake Federalism Layer Cake Federalism extension of dual federalism developed after the Civil War (19th and 20th centuries) national government exercises power independently from state governments Marble Cake Federalism extension of cooperative federalism after New Deal (late 20th century) Federal government becomes more intrusive in what was typically the domain of state governments

Creative Federalism Increased the marble cake approach of intergovernmental relations After the Great Society Components: Sharing costs between the national and state governments for programs that typically would fall under the purview of state control Guidelines and rules set down by the federal government in order for states to reap the benefits of federally funded programs Providing for the dual administration of programs such as Medicaid which has a shared approach financially as well as administratively

Competitive Federalism Nixon (70s), Reagan and Bush (80s) Reversal of marble cake federalism State given more responsibility; thus decentralization

Fiscal Federalism Slices the marble cake into many different pieces Includes: Categorical Grants Revenue Sharing Makes it difficult to differentiate the functions of the levels of government

Categorical Grants Federal grants that can be used only for specific purposes, or “categories,” of state and local spending. They come with strings attached, such as nondiscrimination provisions. Include: Project grants Formula grants

Project Grants Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications.

Formula Grants Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.

Block Grants Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services. Fewer strings attached than categorical grants.

Revenue Sharing Gives money directly to the states with no strings attached. Along with block grants, revenue sharing was greatly reduced under Ronald Reagan and George H.W. Bush.