Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Federalism Chapter 3 Edwards, Wattenberg, and Lineberry Government in America: People, Politics, and Policy Fourteenth Edition

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defining Federalism What is Federalism? –Federalism: a way of organizing a nation so that both national and state levels of government have some authority over the same land and people (on vocab) Most federal systems are democracies Few countries have federalism Only some democracies use federalism Most federal systems are democracies –Unitary governments: a way of organizing a nation so that all power resides in the central government (on vocab) Used by American states. –Confederation: The United Nations is a modern example.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defining Federalism Intergovernmental Relations: the workings of the federal system- the entire set of interactions among national, state and local governments

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defining Federalism

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defining Federalism Why Is Federalism So Important? –Decentralizes our politics More opportunities for political participation Creates more elections Fewer layers of government Provides more opportunities for government to satisfy the demands of interests for public policies.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defining Federalism  Decentralizes our policies Federal and state governments handle different problems. Ex. Homeland security, death penalty, abortion, education. –States regulate drinking ages, marriage and divorce, sexual behavior, and speed limits.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defining Federalism States can solve the same problem in different ways and tend to be policy innovators. Almost every policy the national government has adopted originated with the states. States are responsible for most public policies dealing with social, family, and moral issues

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Factors that lead to federalism Large/Diverse population Large land area The existence of multiple religions

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Why the framers chose federalism The confederation had clearly failed in managing the country’s problems. The population was too dispersed for a unitary system to work

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Why the framers chose federalism Americans’ loyalty to state governments was stronger than it was to the US. The country’s transportation and communication systems were too primitive for a unitary government to work.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. US Constitution It established states as vital components of the machinery of government It guaranteed states equal representation in the Senate

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. It created obligations of the national government towards the states including the obligation to protect states from invasion It guaranteed the continuation of each state by forbidding Congress to create new states without the approval of the existing state.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitutional Basis of Federalism The Division of Power –Supremacy Clause: Article VI of the Constitution states the following are supreme: The U.S. Constitution Laws of Congress Treaties –Yet, national government cannot usurp state powers. Tenth Amendment: sometimes referred to as the state’s rights/reserved powers amendment

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitutional Basis of Federalism

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitutional Basis of Federalism Establishing National Supremacy –Implied and enumerated (on vocab) powers McCulloch v. Maryland (1819) –Involved a state taxing a national bank –Affirmed the principle of federal law over state law –Examples of implied powers – regulate food and drugs, build interstate highways, protect consumers, try to clean up dirty air and water.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitutional Basis of Federalism Commerce Powers Gibbons v. Ogden (1824) –The Civil War ( ) –The Struggle for Racial Equality Brown v. Board of Education (1954) The powers of state governments are ultimately granted by the US Constitution

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitutional Basis of Federalism States’ Obligations to Each Other –Full Faith and Credit: Each state must recognize official documents/contracts and judgments rendered by other states. (on vocab) Article IV, Section I of Constitution –Privileges and Immunities: Citizens of each state have privileges of citizens of other states. (on vocab) Article IV, Section 2 of Constitution

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitutional Basis of Federalism –Extradition: Legal process whereby an alleged criminal offender is surrendered by the officials of one state to the state in which the crime is alleged to have been committed. –States must return a person charged with a crime in another state to that state for punishment. (on vocab)

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today The set of interactions between national, state, and local governments Dual Federalism –Definition: a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies(on vocab) –Like a layer cake –Narrowly interpreted powers of federal government –Ended in the 1930s

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today Cooperative Federalism –Definition: a system of government in which powers and policy assignments are shared between states and the national government –Ex. Shared investigations among national, state, and local governments after 9/11. –Ex. Taxes –Ex. Borrowing money

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. –Sometimes even blame is shared when programs don’t work well. –It rests on several standard operating procedures –Policy assignments are shared between states and the national government. –Like a marble cake –Shared costs and administration –States follow federal guidelines

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today Fiscal Federalism –Definition: the pattern of spending, taxing, and providing grants in the federal system (on vocab) –The cornerstone of the national government’s relations with state and local governments

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today Fiscal Federalism (continued) –The Grant System: Distributing the Federal Pie Categorical Grants: federal grants that can be used for specific purposes; grants with strings attached –Project Grants: awarded on the basis of competitive application –Formula Grants: For specific programs distributed according to community demographic factors such as population or income..

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Grants are given to states and local governments

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today Fiscal Federalism (continued) –The Scramble for Federal Dollars $460 billion in grants every year Grant distribution follows universalism—a little something for everybody. –The Mandate Blues Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today A good example of the influence the national government can wield over state governments through the withholding of federal funds, despite police powers is the fact the drinking age is 21 across the 50 United States. Unfunded mandates

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism Advantages for Democracy –Increases access to government –Local problems can be solved locally –Hard for political parties or 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 and too much money

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism Federalism and the Scope of Government –What should the scope of national government be relative to the states? National power increased with industrialization, expansion of individual rights, and social services. Most problems require resources afforded to the national, not state governments.

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Powers granted to the national government Coin Money Enter into treaties Regulate commerce with foreign nations

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Court Cases US v. Lopez – Court held that the Gun Free School Zone Act was unconsitutional because it exceeded Congress’s constitutional authority to regulate commerce

Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Summary American federalism is a governmental system in which power is shared between a central government and the 50 state governments. The United States has moved from dual to cooperative federalism; fiscal federalism. Federalism leads to both advantages and disadvantages to democracy.