Federalism (Is that a cake?)

Definition of Federalism Divided and Co-Equal Powers Government structure and powers are divided between the central (Federal) and regional (State) governments. The Federal Gov’t and the State Govt’s are co- equal. The Constitution allows wide powers to the States in the 10 th Amendment. Neither level can change the basic division of powers set in the Constitution without the cooperation of the other: Ex. both Congress and the States must take part in amending the Constitution.

Country Comparison Federal (de jure and de facto): US, Nigeria, Mexico Unitary: Russia (de jure federal, de facto unitary); China; Iran; Britain (de jure unitary, de facto federal since Blair’s devolution)

Why Federalism? Hamilton, Federalist 84: Part of system of checks and balances, will help protect the people’s rights– States will act as “sentinels” of the people’s rights against National government intrusion

Division of Powers Between the Federal and State Gov’t Delegated or Exclusive Powers Powers given to the Federal Govn’t Example: The power to declare war Concurrent Powers Powers shared by the Federal and State Govn't Example: The power to create courts or to tax Reserved Powers Powers given or reserved for the State Example: The power to establish public schools

Types of Delegated Powers Expressed These are powers explicitly granted in the Constitution (Congress has the power to declare war). Implied Powers that are not directly stated in the Constitution. They are implied in Article 1 Section 8 Clause 18 called the Necessary and Proper Clause. Inherent Powers that belong to the Federal government naturally and historically (foreign policy powers).

The Division of Powers Delegated or Exclusive Powers of the National Gov’t Concurrent Powers Reserved Powers of the States Denied

Marble Cake Federalism Begins Reconstruction (esp. 14 th ), accelerated New Deal, expanded Civil Rights Movement, rolled back Clinton/Gingrich “devolution revolution” The Federal gov’t influences State policies through various means (especially with money). The States influence Federal policies (especially through institutions).

Delegated/ Exclusive Concurrent Reserved

Federal Aid to States A. Grants in aid: grants of federal money or resources to State and/or local units Categorical grants: specific, closely defined purpose (school lunches)  many strings attached (no discrimination, matching funds, administer grant) Block grants: more broadly defined (esp. since 1996 welfare)  States more free to act Project grants: aid to States and even private groups (cancer research)

B. Revenue Sharing: ( ) Congress gave a portion of federal tax receipts to States  broad latitude except couldn’t be used for discriminatory programs (killed by Reagan and budget deficits) C. Other: - “Lulu payments”: in lieu of property taxes on federal lands - FBI, Census Bureau, armed forces provide services

State Aid to Federal States conduct and fund elections (Florida) State courts handle naturalization (becoming an American citizen) Federal arrests made by local and State police, local jails

Lee Atwater (strategist for Reagan + Bush I; mentor to Karl Rove) “Atwater: You start out in 1954 by saying, 'Nigger, nigger, nigger.' By 1968 you can't say 'nigger' - that hurts you. Backfires. So you say stuff like forced busing, states' rights and all that stuff. You're getting so abstract now [that] you're talking about cutting taxes, and all these things you're talking about are totally economic things and a byproduct of them is [that] blacks get hurt worse than whites. And subconsciously maybe that is part of it. I'm not saying that. But I'm saying that if it is getting that abstract, and that coded, that we are doing away with the racial problem one way or the other. You follow me - because obviously sitting around saying, 'We want to cut this,' is much more abstract than even the busing thing, and a hell of a lot more abstract than 'Nigger, nigger.' “