American Federalism

Organizing a nation Confederation Unitary Federal

Why did the Framers chose this? History Checking power Practical Colonial times power with local government. Unitary system didn’t work (England) States had power under Articles of Confederation and that didn’t work. Federalism was a middle ground Prevent national government from becoming too powerful- divide power with states Knew it would help get Constitution ratified and more people can participate in a federal system

Constitution and Federalism Delegated powers (Expressed orEnumerated)- Article I, sec. 8 Declare war, coin money, regulate trade, maintain army Implied powers- “necessary and proper” Print paper money, 16th amendment= income tax, create IRS Inherent powers- naturally belong to all sovereign gov’t Acquire territory, recognize foreign nations

Constitution and Federalism Reserved powers- 10th amendment Conduct elections, Ratify Constitutional amendments, control public schools Shared or Concurrent power Collect taxes, build roads, borrow $, establish courts

Supremacy Clause Article IV

Constitution and Federalism Prohibited Powers National Gov’t- (Art. I, section 9) can’t deny anything in Bill of Rights, grant titles of nobility, tax exports, exercise power reserved to states State Gov’t- (Art. I, Section 10) can’t coin money, tax imports/exports, have own army, enter into treaties, engage in war

State Obligations to Each Other Full Faith and Credit- Article IV, sec 1 Extradition- Article IV, sec. 2 Privileges and Immunities- Article IV, sec. 2

Advantages Disadvantages Why Federalism? Advantages Disadvantages Prevents National Government from abusing power Large country- allows unity without states all being exactly the same Provides training and develops leaders Keeps government closer to the people Difficult to respond quickly to national problems Lack of uniformity leads to conflict Variation in policies creates redundancies and inefficiencies

From Dual to Cooperative Dual or Layer Cake Federalism- states and national governments remain supreme in their own spheres, each responsible for certain policies Nullification? Restructuring post Civil War 13, 14, 15 amendments

Cooperative Cooperative or Marble Cake Federalism Powers and policies are shared between national and state governments Share costs, administration, etc New Deal View problems more as national problems than local ones

New Federalism Devolution- transfer policies from federal to state and local governments Reagan

Fiscal Federalism Grants-in-aid Categorical grants- specific and controlled Block grants- broad scope Mandates- demands on states to carry out policy Clean Air Act, Americans with Disabilities, No Child Left Behind

Issues in Federalism Today Poverty Homeland Security Environment Immigration Health Care