Chapter 3 Federalism

Federalism in the Constitution The word federalism is absent from the Constitution!! AND YET it is explained in DETAIL: 1. Guarantees states equal representation in the Senate 2. Makes states responsible for both state and national elections 3. Virtually guarantees the continuation of each state 4. National government is required to protect states against violence and invasion 5. Supremacy Clause (Article VI) 6. Judges in every state are specifically told to obey the US Constitution even if their state constitutions or state laws directly contracts it 7. Reserved Powers (10 th Amendment)

Exclusive powers of United States Federal Government To regulate commerce between states and international trade To coin money and regulate the value thereof To declare war To establish an army and navy To enter into treaties with foreign governments To establish post offices and issue postage To make laws necessary to enforce the Constitution

Exclusive powers of state governments To regulate intrastate commerce To conduct elections To ratify amendments to the U.S. Constitution To exercise powers neither delegated to the national government nor prohibited from the states by the Constitution (as per Amendment X)

States Obligations to Each other Article IV of the Constitution 1. Full Faith and Credit (Article IV) requires states to give credit to public acts, records, and civil judicial proceedings of every other state 2. Extradition almost all criminal law is state law; states are required to return a person charged with a crime in another state to that state for trial or imprisonment 3. Privileges and Immunities prohibits states from discriminating against citizens of other states (exceptions are college tuition, state elections)

Powers of the Government Inherent: automatic; a right of a country (border control, naturalization rules) Enumerated: LISTED in Constitution (Article I: Section 8) Reserved: To the states (Amendment 10) Implied: Congress can do what is “necessary and proper” (Article 1: Section 8, #18: elastic clause) Denied: What states cannot do

How is federalism is addressed in America’s History? Over time, federalism has evolved. It used to be that the USA practiced DUAL federalism….today it is more COOPERATIVE federalism Let’s see how it has evolved…

Dual Federalism Clearly defined terms with states (regional governments) exercising those powers accorded to them without interference from the national government This system of dual federalism in the United States is a product of the backlash against the Articles of Confederation, when the states had TOO much power but there was still grave concern about the nation’s power (think Parliament/King)

Implied Powers (Article 1 Section 8: clause 18) -- McCulloch V. Maryland, Supremacy of the national government over states National government has certain implied powers that go beyond its enumerated powers Congress has the power to “make all laws necessary and proper for carrying into execution the foregoing powers” Necessary and proper clause is like a rubber band (flexible—elastic clause) I.e. Regulate food and drugs, build interstate highways, protect consumers, clean up dirty air and water, etc.

Commerce Power: (Article I Section 8) Congress regulates interstate and international commerce Gibbons V. Ogden defines commerce very broadly to encompass virtually every form of commercial activity /1824/1824_0 U.S. V. Lopez restricts interstate commerce for US government /1994/1994_93_1260/ All implications for federalism

Civil War: What is about slavery or federalism? Settled federalism and settled slavery Struggle between states and national government

COOPERATIVE Federalism Cooperative federalism refers to a concept in which the state governments, local governments, and the federal government share responsibility in the governance of the people. They cooperate in working out details concerning which level of government takes responsibility for particular areas and creating policy in that area. The concept of cooperative federalism put forward the view that the national and state governments are partners in the exercise of governmental authority. It is also referred to as the new federalism.

Struggle for Racial Equality Brown V. Board of Education, Topeka, Kansas Supreme Court held that school segregation was unconstitutional Conflict between states and national government over equality issues was decided in favor of the national government National standards for racial equality prevailed

Cooperative Federalism at work 1958 Congress passed the National Defense Education Act Blurred federalism by supporting public elementary and secondary education Before this, states controlled education 1965 Elementary and Secondary Education Act gave federal aid to numerous schools Standard operating procedures: 1. Shared costs 2. Federal guidelines 3. Shared administration

Fiscal Federalism Pattern of spending, taxing, and providing grants in the federal system Grants-in-aid, federal funds appropriated by Congress for distribution to state and local governments are the main instrument the national government uses for both aiding and influencing states and localities The Grant system-distributing the federal pie You should know the following types of grants: CONTENT VOCAB --Categorical Grants --Formula Grants --Mandates --Block Grants

The Scramble for Federal $ $350 million in federal grants dispersed a year to states and localities Mandates: requirements that direct states or local governments to comply with federal rules under threat of penalties or as a condition or receipt of a federal grant Problems with mandates: Problems occur when Congress passes a law creating financial obligations for the states but provides no funds to meet those obligations Examples: Americans with Disabilities Act, Clean Air Act, Bush’s Education plan: No Child Left Behind Act (NCLB), Obama’s Education plan: Race to the Top (RTTT)

Federalism and Democracy Advantages More participation in politics Increases access to government Disadvantages States differ in resources they can devote to services like public education The sheer number of governments can be a burden 87,000 governments in the USA due to federalism