Chapter 3 Federalism Pearson Education, Inc. © 2006 American Government 2006 Edition To accompany Comprehensive, Alternate, Texas, and Essentials Editions O’Connor and Sabato

Pearson Education, Inc. © 2006

National Powers Under the Constitution  Enumerated Powers 17 specific powers granted to Congress  Article 1, section 8 of the U.S. Constitution Necessary and Proper Clause  Implied Powers Supremacy Clause

Pearson Education, Inc. © 2006 State Powers Under the Constitution  Article 1 Allows states to determine time, place, and manner of elections for House and Senate representatives  Article II Requires that each state appoint electors to vote for president  Article IV Privileges and immunities clause Republican form of government Protection against invasion  Tenth Amendment (impt!!!) States’ powers described here Reserve or police powers

Pearson Education, Inc. © 2006 Concurrent (shared) Powers  Concurrent powers

Pearson Education, Inc. © 2006 Denied Powers  States cannot  Congress cannot

Pearson Education, Inc. © 2006 Relations Among the States  Mechanisms for interstate disputes Directly settled by U.S. Supreme Court under its original jurisdiction Full Faith and Credit Clause Extradition of criminals Interstate compacts

Pearson Education, Inc. © 2006 Federalism and the Marshall Court  Two rulings in the early 1800s had a major impact on the balance of power between national and state governments. McCulloch v. Maryland (1819)  Implied power  Supremacy clause Gibbons v. Ogden (1824)  Upheld broad congressional power to regulate interstate commerce

Pearson Education, Inc. © 2006 Dual Federalism: The Taney Court, Slavery, and the Civil War  Dual federalism (Layer Cake) (1865 ‑ 1933) Belief that … Implication:  Each government (national and state) is …  The relationship between the states and national government is characterized by…

Pearson Education, Inc. © 2006 Layer cake federalism (cont’d.) Dual federalism prevailed Dred Scott v. Sandford (1857) National government grew in size and powers after Civil War. 13th, 14th, and 15th Amendments Supreme Court adhered to concept of dual federalism  Plessy v. Ferguson (1896)

Pearson Education, Inc. © 2006 Setting the Stage for A Stronger National Government  Sixteenth Amendment Authorized Congress to enact a national income tax  Seventeenth Amendment

Pearson Education, Inc. © 2006 Cooperative Federalism: New Deal and Growth of National Government  The New Deal ( ) intense governmental activity on the national level response to Great Depression required the exercise of tremendous national authority Supreme Court worried about scope of these programs in terms of regulating commerce and the economy New Programs required cooperation across all levels of government.

Pearson Education, Inc. © 2006 Cooperative federalism (Marble Cake) (1933 ‑ 1968)

Pearson Education, Inc. © 2006 Different types of gov’t. funds  Categorical grants-in-aid Serve a specific purpose Account for 90% of federal aid to state and local gov’t “Strings” attached  18 to 21 drinking national drinking age  Head Start, the Food Stamp Program, and Medicaid. Head StartFood Stamp ProgramMedicaid  Block grants  Revenue sharing Intro’d. by Nixon (’72) provide federal funds to states based on their size and wealth and came with few obligations (law enforcemt or community dev)  Unfunded mandates is a requirement imposed by Congress on state or local governments with no funding to pay for it.  NCLB

Pearson Education, Inc. © 2006 Block Grants  Broad fiscal subventions provided for a major functional area of government and distributed to states and localities on a formula allocation basis  Accounts for 15% of federal grant-in- aid spending  Most of the spending on block grants is on surface transportation

Pearson Education, Inc. © 2006 Block Grants Examples Child and Adult Care Food Program National School Lunch Program School Breakfast Program School Renovation Grants Special Education -- Grants for Infants and Families with Disabilities Airport Improvement Program Highway Planning and Construction (Federal- aid Highways)

Pearson Education, Inc. © 2006 Federal Grants and National Efforts to Influence the States  New Deal  Most grants were categorical grants Grant for which Congress appropriates funds for a specific purpose  1960s War on Poverty Direct assistance to states, local governments, and citizen groups Grants used to push national agenda rather than respond to state demands

Pearson Education, Inc. © 2006 New Federalism: Returning Power to the States  New Federalism Federal/state relationship proposed by Reagan administration during the 1980 Returned administrative powers to the state governments Reagan Revolution Block grants  Broad grant with few strings attached  Given to states by federal government for activity in specified area (education)

Pearson Education, Inc. © 2006 New Federalism: Returning Power to the States  The Devolution Revolution Contract with America Unfunded Mandates  National laws that direct states or local governments to comply with federal rules and regulations but contain no federal funding to help pay the cost of meeting those requirements Personal Responsibility and Work Opportunity Reconciliation Act of 1996

Pearson Education, Inc. © 2006 New Federalism: Returning Power to the States  Federalism Under the Bush Administration Budget shortfalls at federal and state level States raised taxes and cut services; received aid from federal government Federal government expanded post 9/11  Department of Homeland Security  No Child Left Behind Example of preemption

Pearson Education, Inc. © 2006 The Supreme Court: A Return to State’s Rights?  From New Deal to 1980s: Court has generally expanded national authority at the expense of the states.  Beginning in 1980s: Court interpretations altered Willingness to allow Congress to regulate in a variety of areas waned Webster v. Reproductive Health Services (1989) Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) U.S. v. Lopez (1995) Sovereign immunity Bush v. Gore (2000)