Federalism

9. Explain the concept of Federalism Federalism is a political system in which power is shared between local units of government - states – and a national government

Advocates – It allows for political flexibility and assures individual rights Opponents - state governments can block national actions, prevent progress, and protect local interests. Examples – slavery and segregation

10. Evolution of Federalism- 10th Amendment -“The powers not delegated to the U.S. by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Framers included the so-called elastic clause – “To make all Laws which shall be necessary and proper for carrying into Execution in the foregoing Powers” Article I Section 8 Clause 18

McCulloch v. Maryland – 1819 Federal gov’t supreme Gibbons v. Ogden – 1824 – clarified the difference between intrastate and interstate commerce – defined very broadly Nullification – suggests that states had the right to declare null & void a federal law that a state considered unconstitutional

Dual Federalism – each governments supreme in their sphere Devolution – an effort by the national government to return some powers back to the states. Ex. – Block grants Cooperative federalism – sharing powers, policy, costs, and administration

11. Federal controls on state government activities* Conditions of aid – Federal gov’t tells states what activities and policies must be in order to receive grant money* Mandates – federal gov’t imposes its will outside the context of the grant. Ex. – civil rights & environmental protection*

Federalism & State Monies Grants-in-aid – 1. Categorical grants – grants for specific purposes – matching funds are sometimes required. Ex. Building a college dormitory 2. Block grants- support broad programs – few strings attached Ex. – money for Welfare programs

Figure 3.2: The Changing Purpose of Federal Grants to State and Local Governments Source: Budget of the U.S. Government, Fiscal year 2001, table 12.2.

Federal Responsibilities to the States 1. Republican form of Government 2. Invasion and Internal Disorder 3. Respect for Territorial Integrity

States’ Obligations to Each Other 1. Interstate Compacts 2. Full Faith and Credit 3. Extradition 4. Privileges and Immunities

Article IV, section 1 “Full Faith and Credit shall be given in each state to the public Acts, Records, and judicial Proceedings of every other State.”

What about Gay Marriage? 13 states and D.C. allow Gay Marriage California ? 28 states have a constitutional ban on Gay Marriage Defense of Marriage Act 1996