AP GOV: CHAPTER 3 FEDERALISM

Governmental Structure  Federalism: a political structure in which authority is shared between local governments and a national government.  Subnational governments receive special protection due to a country’s constitution as well as the habits of its citizens and the distribution of political power in its society.  For the most part, the national government does not rule citizens as much as it rules states.  To some, federalism means allowing states to block action and protect local interests. To others, federalism balances governmental strength and individual liberty.

Sovereignty, Federalism, and the Constitution  Sovereignty: supreme or ultimate political authority  Unitary System: sovereignty is wholly in the hands of the national government  Confederation: states are sovereign and the national government is allowed to do only that which the states permit  Federal System: sovereignty is shared by national and state governments

The Founding  To the Founders, federalism was one way to protect personal liberty.  Neither national nor state governments would have supreme authority over the other, since power comes from citizens who shift support to keep them in balance.  Tenth Amendment was added as an afterthought to clarify the limits of the government’s power.

Elastic Language  Article I, Section 8 of the Constitution gives Congress the power to “make all laws which shall be necessary and proper for carrying into execution the foregoing powers.”  The Founders had different views of what federalism meant. Hamilton believed the national government was the superior and leading force in political affairs, and that its powers should be broadly defined. Jefferson believed that while the national government was important, it was the product of an agreement among the states, so its powers should be strictly limited.

The Debate on the Meaning of Federalism  The Supreme Court made clear that the national government had supremacy over the state governments.  McCulloch v Maryland (1819): Congress chartered The Second Bank of the United States. Maryland passed legislation to impose taxes on the bank. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers?  Nullification: the idea that states have the right to declare null and void a federal law that they believe violates the Constitution.  The SC has ruled that states do not have this right.  Dual Federalism: the idea that the national government is supreme in its sphere, the state governments are supreme in theirs, and that the two spheres should be kept separate.

State Sovereignty  Until recently, Congress argued the constitutionality of many laws based solely on the commerce clause. The SC has since argued that the commerce clause does not justify any and all federal action.  In general, a state can do anything that is not prohibited by the Constitution or preempted by federal policy.  Police power: the laws and regulations that promote health, safety, and morals. It is considered to be a state power.  Many states provide opportunities for direct democracy:  Initiative: voters can place legislative measures directly on the ballot  Referendum: procedure that enables voters to reject a measure proposed by the legislature  Recall: procedure whereby voters can remove an elected official from office

Federal-State Relations  Grants-in-Aid: federal funds provided for states  Grants were a way around the idea that the federal government couldn’t spend money on things not authorized by the Constitution.  During the 1960s, the federal government began devising grant programs based less on what states demanded and more on what federal officials perceived to be national needs.  To loosen the strings attached to grants, federal aid shifted from categorical grants to block grants to revenue sharing.

Slowdown in Free Money  Block grants grew more slowly than categorical grants because of the different coalitions supporting each:  Congress liked categorical grants because they enhanced federal control over how many would be used.  Governors and mayors prefer block grants and/or revenue sharing, but no single interest group had a vital stake in pressing for their enlargement.  There is increased competition among the states for federal dollars.

Federal Aid and Federal Control  There are two kind of federal controls on state governmental activities:  Conditions of Aid: federal rules attached to grants that states must agree to abide by in order to receive the grant.  Mandates: requirements imposed on states that may or may not have to do with the receipt of federal funds. Most mandates concern civil rights and environmental protection. Many are difficult to implement and costly. Example: school-desegregation plans

A Devolution Revolution?  With the election of Republican majorities in the House and Senate in 1994, an effort was made by Congress to shift important functions back to the states.  This is known as devolution, or scaling back the size and activities of the national government by shifting responsibility to state governments. Second-order Devolution: flow of power and responsibility from states to local governments Third-order Devolution: increased role of nonprofits and private groups in policy implementation  Congress changed from preferring categorical grants to preferring block grants, or money from the national government given to states for use in certain areas at the states’ discretion.

Congress and Federalism  There is more political and policy diversity in America than most large nations because subnational governments have retained constitutional protection and members of Congress see themselves as representatives of their localities, not Washington.  Still, members of Congress pass laws that create problems for their constituents.

Terms of Local Governance  City: a municipality that has been chartered by a state with defined powers and is intended to provide certain specific services  Special-act charter: applies to a certain city, lists what the city can and cannot do  General-act charter: applies to a number of cities that fall within a certain classification Dillon’s Rule: the terms of charters must be interpreted narrowly Home-rule charter: in effect in many cities, it reverses Dillon’s rule and allows a city government to do anything not prohibited by state or city law  Special-district governments: authorities with one single governmental function  Best example: school districts, responsible for administering public schools