Why Federalism? The authors of the Constitution wanted to combine a central government strong enough to maintain order with strong states. The large geographical size of a country. State governments have served as training grounds for national politicians and as laboratories in which new ideas can be tested. Federalism allows for many political subcultures. 1

The Flow of Power in Three Systems of Government Copyright 2011 Cengage Learning2

The Federal System Scholars and political leaders alike have debated the relative merits and drawbacks of federalism since the founding of the republic. Federal System –Authority Divided –Written Constitution –Central Government and Constituent Governments Copyright 2011 Cengage Learning3

Powers of the National Government Enumerated Powers- Expressed, Written –The Necessary and Proper Clause –Specifically granted by Constitution Implied Powers —understood through written powers Inherent Powers (all sovereign nations) *borders and immigration 4

Concurrent/ Shared Powers Concurrent Powers Power to Tax Power To Make and Enforce Laws Power To Establish Courts Power To Police (Limited) National Government State Government Copyright 2011 Cengage Learning6

Prohibited Powers Apply to both the national and state governments –The national government is prohibited from taxing exports. –State governments are prohibited from conducting foreign policy and from coining money. “Congress… has the power to coin money.” © AP/ Wide World Photos Copyright 2011 Cengage Learning7

Supremacy Clause Article VI of the Constitution mandates that actions by the national government are supreme. Any conflict between a legitimate action of the national government and a state will be resolved in favor of the national government. Copyright 2011 Cengage Learning8

The Exclusive Powers [Can be exercised only by the National Government] 1. Coin money 2. Make treaties 3. Lay import duties 4. Regulate interstate commerce The Supreme Law of the Land [The Constitution stands above all other forms of law in the U.S.] 1. The Supremacy Clause creates “ladder of laws” a “ladder of laws” in the U.S. topmost rung 2. Constitution is on to topmost rung. Acts of Congress 3. Acts of Congress come next. State’s constitutions 4. Each State’s constitutions come next. State statutes 5. State statutes are on the next rung. Local laws 6. Local laws are at the base. Supreme Court is the “umpire” 7. The Supreme Court is the “umpire” in the federal court system. They reversed the Maryland courts in the McCulloch v. Maryland case. U.S. Constitution Acts of Congress State Constitutions State Statutes City and County Charters/Ordinances “Ladder of Laws”

Defining Constitutional Powers National Government reigns with power McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) Supreme Court Justice John Marshall © Bettmann /Corbis Chief Justice John Marshall: “Let the end be legitimate.” Copyright 2011 Cengage Learning10

States’ Rights The Jacksonian Era ( ) brings a shift back to States’ Rights –Regulation of commerce was a major issue –Tariffs generally benefitted northern industries –Ultimately, South Carolina withdrew from the Union on December 20, 1860 –Six states met in February, 1861 to form Confederate States of America Copyright 2011 Cengage Learning11

Share of Nonmilitary Spending by the Federal, State, and Local Governments before and after the Passage of New Deal Legislation Copyright 2011 Cengage Learning12

Figure 4.1 Metaphors for Federalism 13

UNF 4-4a Total Public Sector Employment as a Percent of Total Population (2005) 14

UNF 4-4b UNF 4-4b Distribution of Employment Between the Federal and Sub-national Levels of Government (2005) 15

Figure 4.3 The National Government's Contributions to State and Local Government Expenditures 16

Types of Grants Categorical grants –Formula grants –Project grants Block grants Grants a way to redistribute income “Strings-Attached” Federal Grants Federal Mandates Main trend is towards health-care spending, about 50% of all funds given to states 17

Changing Federal Grants to State and Local Governments Copyright 2011 Cengage Learning18

Federal Grants to State and Local Governments, 2008 (in billions of dollars) Copyright 2011 Cengage Learning19

Devolution was the effort to transfer responsibility for many public programs [welfare, health care, & job training] from the federal government to the States.

21 Figure 4.2 Trends in National Government Grants to States and Localities, FY 2006 to 2009

$631 per month for a family of three in Alaska $154 in South Carolina Because the federal system allocates major responsibilities for public policy to the states, policies often vary in different locations. This figure shows that the emotionally charged issue of welfare, different states have adopted quite different policies, ranging from $631 per month for a family of three in Alaska to $154 in South Carolina.. Diversity in Public Policy: State Welfare Benefits *Generous welfare benefits can strain a state’s treasury by attracting poor people from states with lower benefits.

The Downside of Diversity: spending on Public Education New York $12,408 Utah$5,556 *New York spend an average of $12,408 for each child in the public schools; in Utah, the figure was $5,556.

The Shift Toward Central Government Spending Copyright 2011 Cengage Learning24

© 2003 AP/Wide World Photos Expanding Federal Control Copyright 2011 Cengage Learning25

Constraining Unfunded Mandates State and local governments object to national mandates imposed without additional funding –Pace of unfunded mandates increasing –Unfunded Mandates Relief Act of 1995 not particularly effective 26

Label Me Unfunded Mandates have led to these labels. 27

Federalism Becomes a Republican Issue New Federalism: Beginning with President Richard Nixon (1969–1974), the Republican Party championed DEVOLUTION, or the transfer of powers from the national government to the states. They called this policy federalism, a new use of the term. Under current conditions, liberals may have pragmatic reasons to support states’ rights in some instances, such as in gay rights issues. Copyright 2011 Cengage Learning28

The Federal System Advantages Permits diversity, diffusion of power Local governments can handle local problems More access points for political participation Protects individual rights Fosters experimentation and innovation Suits large country with diverse population Disadvantages Makes national unity difficult to achieve, maintain State governments may resist national policies May permit economic inequality, racial discrimination Law enforcement and justice are uneven Smaller units may lack expertise and money Copyright 2011 Cengage Learning29

Gay Rights Protestors © 2004 AP/Wide World Photos States’ Rights Put To Test Copyright 2011 Cengage Learning31

National Crises and Demands 32

National Crises and Demands 33

National Crises and Demands Role of national government has grown to meet needs state and local governments unwilling or unable to meet –The American Recovery and Reinvestment Act 34