Federalism UNITARY CONFEDERATION HYBRID

How are powers divided Enumerated powers Implied powers Inherent powers

Supremacy Clause Concurrent Powers Reserved Powers

Areas where state gov’ts strong Establishing local governments Running elections Police power/crime Regulation of intrastate commerce (buying cigarettes or buying a gun)

Relationship of state govts to each other * Article IV – Full faith and credit restriction * Privileges and immunities clause (also Article IV)

Why has power of national government grown over time relative to power of states?

DUAL FEDERALISM 1. growth of country (expansion) 2. technological change 3. Supreme Court decisions 4. population growth, immigration 5. industrial development 6. wars and foreign affairs 7. economic and other crises

DUAL SOVEREIGNTY 1. national govt rules by enumerated powers only 2. national govt has limited set of constitutionally granted powers 3. each government unit is sovereign within its sphere 4. relationship between states/nat govt is characterized by TENSION

COOPERATIVE FEDERALISM Marble cake metaphor Sharing of responsibilities and policy assignments, cooperation not just tension (e.g. after 9/11, national govt asked state and local govts to help investigate suspected terrorists).

Fiscal federalism- grants to state and local gov’t’s are instruments by which national gov’t both aids and influences states and localities. TYPES OF GRANTS Categorical – formula and project Block

Other ways to restrict/compel states PREEMPTION MANDATES –Medicaid, Americans with Disabilities Act (crossover sanction)

Devolution Transferring responsibilities for policies from the federal government to state and local governments – Reagan, some Republicans today (Department of Education etc.)

Pros and Cons of Federalism PROS: Enhances citizen control, expands participation in government, promotes innovation, checks excessive power, promotes diverse views CONS: creates complexity, allows inequities, fosters unhealthy competition, undercuts national policymaking