Federalism Chapter 3 Government in America: People, Politics, and Policy Edwards/Wattenberg/Lineberry

Marijuana and Federalism How do the Controlled Substances Act, the Compassionate Use Act and state laws in Colorado and Washington conflict? What constitutional principle did growers feel was being violated by the federal government? What did the Court say in Gonzalez v Raich?

Defining Federalism What is Federalism?  Federalism: a way of organizing a nation so that two or more levels of government have formal authority over the land and people. Also known as a federal system. The US is this type of government.  Unitary governments: a way of organizing a nation so that all power resides in the central government. Example: England  Confederation: The power lies with the states and the central gov. is very weak. This is how we operated under the Articles of Confederation. The United Nations is a modern example.  Intergovernmental Relations: the workings of the federal system- the entire set of interactions among national, state and local governments

Defining Federalism

Why Is Federalism So Important?  Decentralizes our politics More opportunities to participate  Decentralizes our policies Federal and state governments handle different problems. States regulate drinking ages, education, marriage, and speed limits. States can solve the same problem in different ways and tend to be policy innovators.

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!!!! Powers NOT given to the federal government belong to the states!

The Constitutional Basis of Federalism (Specific titles for each group of powers on the next slides. Get these in your notes!!)

Enumerated Powers Listed in the Constitution (18 all together)  Article I, Section 8  Declare war  Maintain a military  Regulate interstate and foreign commerce  Coin money  Punish counterfeiters  Establish post offices and post roads  Establish copyrights and patents

Implied Powers Created by the Necessary and Proper Clause (Art I, Sec 8, Clause 18), aka the Elastic Clause  Allows Congress to STRETCH its power beyond what is outlined in the Constitution  Example – The draft

Concurrent Powers Powers shared by the states and the federal government  Tax  Borrow Money  Build roads  Establish courts  Make laws  Spend money

Prohibited Powers Things Congress is NOT allowed to do  Pass ex post facto laws  Suspend the writ of habeas corpus  Pass bills of attainder

Inherent Powers The powers the government has BECAUSE it is a government  Example: all governments can protect their own borders. It’s understood as a power that all governments have.

The Constitutional Basis of Federalism Establishing National Supremacy happened through very specific events (Each of which gets their own slide )  The Civil War ( )  The Struggle for Racial Equality Brown v. Board of Education (1954)  Tenth Amendment  Eleventh Amendment (SKIP IT! NEVER SEEN IT ON THE AP TEST… SERIOUSLY!!)  Implied Powers  Commerce Powers Gibbons v. Ogden (1824)

Civil War (1861 – 1865) Author states that this is NOT a battle over slavery, it was a struggle over who held the power, the states or the federal government. What were they struggling over? Outcome favored the federal government over states’ rights

Struggle for Racial Equality Again, this was a battle over states’ rights Key court decision: Brown v Board of Education of Topeka, KS (1954) National government implemented desegregation policies and the states had to comply whether they liked it or not. The struggle was long and difficult and took further action from the federal government to guarantee that policies were put in place and followed.

Reserved powers TENTH AMENDMENT  Says that any power NOT given to Congress through the Constitution is RESERVED to the states or the people States’ rights advocates use this amendment to argue that the federal government should ONLY do what’s mentioned in the Constitution What are some areas that are (or should be) under the control of the states?

Implied Powers - McCulloch v Maryland (1819) Creation of the national bank The state of Maryland taxed the Baltimore branch of the bank, action upheld in state court Questions:  Does the fed government have the power to create the bank if it’s not mentioned in the Constitution?  Can the state of Maryland tax the federal government? Two major principles from the outcome of the case:  Implied powers – there are powers Congress has that are not in the Constitution because of the “elastic” or “necessary and proper clause” (Article 1, Section 8, last paragraph)  Supremacy of the federal government

Gibbons v Ogden (1824) Outcome: The Supreme Court gave a very broad interpretation to Congress’ power to regulate interstate commerce so that it includes virtually every form of commercial activity Definition has become even more broad with the expansion of technology

The Const. Basis of Federalism States’ Obligations to Each Other  Full Faith and Credit: Each state must recognize official documents and judgments rendered by other states. Article IV, Section I of Constitution  Extradition: States must return a person charged with a crime in another state to that state for punishment.  Privileges and Immunities: Citizens of each state have the same privileges as citizens of other states. Supposed to prevent discrimination against non- residents Article IV, Section 2 of Constitution Exceptions?

Intergovernmental Relations Today 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  Like a layer cake!!!!  Narrowly interpreted powers of federal government  Ended in the 1930’s

Intergovernmental Relations Today Cooperative Federalism  Definition: a system of government in which powers and policy assignments are shared between states and the national government  Like a marble cake!!!!  Shared costs, federal guidelines and shared administration Areas that show examples of cooperative federalism? Education and transportation

Devolution? How do Democrats and Republicans differ when it comes to responsibility for welfare and other programs?  Which party favors devolution? Why? Changes came again in the Bush administration when the federal gov took back control over a variety of programs (No Child Left Behind) Tea Party now wants power to go back to the states The American people believe that most of these programs SHOULD be in the hands of the federal government

Intergovernmental Relations Today Fiscal Federalism - the pattern of spending, taxing, and providing grants in the federal system; it is the key to the national gov’s relations with state and local govs

Intergovernmental Relations Today

Fiscal Federalism (continued)  The Grant System: Distributing the Federal Pie Categorical Grants: federal grants given to states and cities that can be used for specific purposes; grants with strings attached Project Grants: based on merit, competitive application process Formula Grants: amount varies based on formulas (can depend on population, etc) Medicaid is an example Block Grants: federal grants given more or less automatically to support broad programs Which parties prefer which grants? WHY?

Intergovernmental Relations Today Fiscal Federalism (continued)  The Scramble for Federal Dollars $640 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. Example: Medicaid Unfunded mandates - states have to do what they’re told with no financial help from the federal government Example: Clean Air Act (1970), ADA (1990)

Understanding Federalism – Diversity in Policy

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

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.

Fiscal Federalism – The Size of the Public Sector

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.