Federalism

Defining Federalism Federalism- way of organizing a nation so that two or more levels of government have formal authority over the same area and people Unitary government- all power resides with in the central government Confederation- national government weak, all power in hand of countries components (state or territories) Intergovernmental relations- set of interactions among national ,state, and local governments, including regulations, transfer of funds, and sharing of information

Division of power All states have equal representation in the senate (Article V) it is unamendable Limit of state foreign policy, economic matters, and basic rights such as voting rights Overlapping responsibilities in law and order, health safety, and regulating financial institutions

National Supremacy Supremacy clause (Article VI)- Three items the law of the land 1. The Constitution 2. Laws of the national government (when consistent with the constitution) 3. Treaties (which can be made only by the national government) Disputes of education regulation, health care but federal government usually wins

The Civil War Struggle over states rights to have slavery National government had to assert power over southern states claim to sovereignty

Struggle for Racial Equality 1954 Brown v Board of Education of Topeka Ended segregation Governor of Alabama literally blocked school entrance National guard ad US Marshals used to enforce Additional national policies used for racial equality

Tenth Amendment “power 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” United States v. Darby(1941)- state powers are not superior to those of national government Bond v. United States (2011)- person indicted under a federal statute may challenge the statute on 10th amendment grounds

Implied Powers McCulloch v. Maryland(1819)- states can’t tax the national government 1. “the government of the United states. Though limited in its power, is supreme within its sphere of action 2. national government has certain implied powers that go beyond its enumerated powers Necessary and proper clause(Article I sec.8)- elastic clause

Commerce Power Congress had power to promote economic development Power to regulate economy Gibbons v. Ogden(1824) commerce broadly defined to all forms of commercial activity

State Obligations to each other Full Faith and Credit(Article IV) Given to public records, acts and judicial proceedings from other states Extradition Privileges and immunities Receive benefits of state you are currently in Ex. gambling in Nevada Does not count for voting or tuition Saenz v. Roe- ruled Cali could not require new residents to wait a year before receiving welfare

From Duel to Cooperative Federalism Dual Federalism- national government and states remain supreme within their own sphere Cooperative federalism- national government and states share powers and policy assignments As a nation we have moved more from dual to cooperative Shared Costs Federal Guidelines Shared Administration

Devolution? Democrats generally support a strong national government Republicans generally support states rights Devolution- transferring of responsibility for policies from the federal government to state and local Devolution began in 1994 Republicans changed approach in 2000 to using the federal government to accomplish objectives

Fiscal Federalism Fiscal federalism-federal funds used by national government to both aid and influence states and localities The Grant system Categorical Grants- used only for specific purposes Project Grants- based on competitive applications Formula Grants- distributed based on pop., per capital, rural pop. Block Grants- given automatically to states to use at their discretion

Fiscal Federalism Scramble for federal dollars The Mandate Blues $600 billion in grants at stake- staffs placed in Washington to track money Universalism- something for everyone The Mandate Blues Mandate- requirements that direct states to provide additional benefits or receive penalty or not get aid Medicaid- expanded to children, pregnant, elderly poor (mostly funded by US) No child left behind- if no improvement schools lose money Unfunded mandates (or insufficient funds) Americans with disabilities act Clean Air Act Courts

Diversity in Policy States as policy innovators Test public policies Funds distributed differently Ex. Education Vermont$18,913 per student Arizona $6,385 per student