What is Federalism? A way of organizing a nation so that two or more levels of government have formal authority over the land and people. Advantages for Democracy –Increasing access to government –Local problems can be solved locally –Hard for political parties / interest groups to dominate ALL politics Disadvantages for Democracy –States have different levels of service –Local interest can counteract national interests –Too many levels of government- too much money

Review Questions Which of the following is viewed as an advantage of the many governments that characterize American federalism? Having various levels of government, federal, state, and local, allows for the government to experiment with new policies on small scales before they bring it to large scale. I.E. Race to the Top

TYPES OF POWERS RECAP POWER DEFINITION EXAMPLE Enumerated/ (Expressed) Powers Those the Constitution specifically grants to the federal government borrow & make money, declare war, make treaties, judicial review Implied (Elastic/ N& P Clause) Those powers suggested by the expressed powers, something needed to be done in order to carry out an expressed power National bank, the draft Inherent Powers that naturally belong to any government of a sovereign nation Immigration, maintain borders Reserved states have authority over matters not present in the Constitution Public schools, Business within the state, Elections, Est local gov’t Concurrent powers shared by the Federal government and state governments in the Constitution taxation, make laws, establish courts CONGRESS - Borrow money, Make money, Declare war, Regulate trade, Establish a post office, Finance Military, Create federal courts, control immigration, implied powers EXEC - Commander in chief, Make treaties, Grant pardons, Appoint federal judges, Appoint high offices in government JUDICIAL - original jurisdiction in federal cases, judicial review

Types of Federalism/Eras Dual Federalism: Interpretation that limits powers to both national and state governments. Sometimes referred to as layer cake federalism where there are clear divisions between "layers" or levels of government. With dual federalism there is a strict definition of federal, state and local responsibilities. Tends to lean towards national supremacy. 1789 - 1920s

Types of Federalism/Eras Cooperative Federalism: A system in which national, state, and local governments interact cooperatively, working jointly to solve common problems, rather than making policy separately. Federalism is a marble cake in which all levels of government are involved in a variety of programs. Shared costs & administration States follow federal guidelines Tends to favor states rights. 1930s - 1960s

Supreme Court Case, Gibbons v. Ogden Review Question Supreme Court Case, Gibbons v. Ogden Defined interstate commerce as, commercial activity and federal authority

The Constitutional Basis of Federalism Establishing National Supremacy Implied Powers Commerce Powers The Civil War The Struggle for Racial Equality States’ Obligations to Each Other Full Faith and Credit Extradition Privileges and Immunities STATES Full Faith and Credit States cooperate by recognizing one another’s official acts. States must: ¡recognize other states’ civil laws ¡honor convictions, settlements, and decisions of courts in other states ¡honor other states’ official records Privileges and Immunities Extradition Interstate Compacts

Full Faith and Credit Clause That all states must recognize the laws, judicial proceedings, and regulations of other states This has been a point of contention with same sex marriage

Increase the economic powers of the central government Review Questions As originally ratified, the US Constitution included provisions designed to...? Increase the economic powers of the central government

Types of Federalism/Eras Fiscal Federalism: The pattern of spending, taxing, and providing grants in the federal system Categorical Grants: Federal grants that can be used for specific purposes. They have strings attached Project Grants- based on merit Formula Grants: amount varies based on formulas Block Grants: Federal grants given more or less automatically to support broad programs.

Categorical vs. Block Categorical grants One form of aid from federal to state and local government Grant finances particular policies No state or local discretion Administered by federal agencies Block Grants Form of aid from federal to state and local government Grant finances broad array of policies Substantial state and local discretion Administered at state level Advocated by Republican Presidents

Types of Federalism/Eras Fiscal Federalism: $300+ billion in grants every year Universalism- a little something for everybody Mandates are the “strings” attached to federal money Unfunded mandates are requirements on state & local governments - but no money States can petition for waivers

Review Question In the 1800’s, the federal government compelled the states to raise their drinking age by? The federal government created grants that threatened to withhold funds, specifically highway funds. Example of Federal governments way to “force” states to comply

Types of Federalism/Eras New Federalism: New federalism originated in the early 1970s with the Nixon administration's Republican efforts to return federal administrative power to state governments Later led to Reagan’s devolution (returning control to the states). Supported by Supreme Court decisions, striking down federal laws/regulations that infringe on states' rights 1970s - today

Republicans = less federal government = more states rights Review Questions Which aspect of fiscal federalism did Congress challenge with legislation after the Republican Revolution? Republicans = less federal government = more states rights IE. Having mandates that are not funded.

Federalism and the Scope of Government Which level of government is best able to solve the problem? Which level of government is best able to fund solutions to the problem?

TYPES OF GOV RECAP Unitary Confederate Federal Central Holds primary authority Regulates activities of states Limited powers regarding states Shares power with the states State Little or no powers Regulated by central government Sovereign Allocate some duties to central government Shares power with the central government Citizens Vote for central government officials Vote for state government officials Votes for both state & central officials

The Constitutional Basis of Federalism Division of Power The U.S. Constitution Laws of Congress Treaties State Constitutions State Laws Constitution specifically says what the federal government can do, with all other powers going to the states and the people. While states have many powers, in the end they must not conflict with the Constitution or Federal Law (supremacy clause)

Advantages? Primary advantages of state control Federal ideal – diverse states provide real choices Promotes competition across states Revitalizes state government – governments only improve if stakes are high Grassroots problem solving – involves local communities, tailored to local problems Reduces federal bureaucracy Primary advantages of federal control Equity: benefits from education or social security not dependent on where you live Economies of scale (one bureaucracy instead of fifty) States cannot redistribute (competition for productive firms and workers creates incentives to reduce social welfare spending) Many states have limited partisan competition Many states are dominated by narrow economic interests