1. AP U.S. Government & Politics
Chapter 3 Federalism
AP U.S. Government & Politics

2. What is Federalism?

3. Can the state of Nevada pass laws that affect Nevadans?
Can the federal government?

4. Federalism is shared authority over the same group of people.
Somewhat rare – most governments are unitary governments

5. Unitary & Confederate Governments
Unitary governments place all power in the central government.
England
France
Wales
Scotland
N. Ireland
Confederations place all or most power in the hands of the components (like states) while the national government is weak.
Switzerland
Belgium

6. Why is Federalism so Important?

7. Federalism Decentralizes Politics in America
Giving states and local governments some authority takes away some of the power of the National government

8. Constitution doesn’t specify everything Constant debate
What things should be handled by the federal government and which by the states?
Constitution doesn’t specify everything
Constant debate
Republicans and Democrats

9. Federalism Decentralizes Policies in America

10. Federalism Decentralizes Policies in America
States regulate drinking ages, marriage, and speed limits. But…
MADD
States are “policy innovators”
Most national programs originate in states
States are more likely to “experiment”

11. Federalism in the Constitution

12. Division of Power Clear powers of Federal and State governments
But what if there is a dispute?
The Supremacy Clause: Article VI of the Constitution establishes the Constitution, laws of Congress, and treaties as the supreme law of the land.

13. 10th Amendment
Yet the national government cannot usurp state powers. “…powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

14. The Constitutional Basis of Federalism

15. The national government has grown in power relative to the states
Four main reasons
Implied Powers
Power to regulate commerce
The Civil War
The struggle for racial equality

16. Implied Powers and McCulloch v. Maryland
National Bank
Maryland doesn’t like, taxes bank
Bank refuses to pay
Maryland sues
Court says:
National govt. has “supremacy” over states
Congress has “implied” powers

17. Establishing National Supremacy
McCulloch vs. Maryland (1819) – established the principle of implied powers, powers that go beyond the enumerated powers of the Constitution, on the basis of the elastic clause (necessary and proper)

18. Gibbons vs. Ogden Commerce Power – Gibbons v. Ogden (1824)
Defined commerce very broadly
Gave Congress the power to regulate interstate commerce, encompassing almost every form of commercial activity.

19. Civil War

20. Racial Equality

21. State’s Obligations to Each Other

22. Full Faith & Credit (Article IV Sec I)

23. Full Faith & Credit (Article IV Sec I)

24. Privileges & Immunities (Article IV Sec 2)
Sales Tax
Fines
Voting
Tuition Fees

25. Extradition
If you break a law and run, the other state has to return you

26. Dual and Cooperative Federalism
Two main changes in the area of Federalism:
1.The shift from Dual Federalism to Cooperative Federalism.
2.The rise of fiscal federalism (grant-in-aid)

27. Intergovernmental Relations Today
Dual Federalism: National and State governments are “supreme within their own spheres”
Like a layer cake.
Doesn’t accurately describe the U.S. today

28. Intergovernmental Relations Today
Cooperative Federalism: Powers are shared between the National and State governments
Like a marble cake.
Who is responsible for Hurricane relief?
But… Fed. Govt. can pass laws (like for Education); to receive aid, states must comply with federal regulations

29. Generally in cooperative Federalism:
There are shared costs and administrations
States follow federal guidelines.

31. Intergovernmental Relations Today
Fiscal Federalism: The pattern of spending, taxing, and providing grants in the federal system
i.e. how money influences Federalism
The cornerstone of Natl/state relations

32. Intergovernmental Relations Today

33. Intergovernmental Relations Today
Grants
Categorical Grants: The main source of federal aid to state and local governments.
Can only be used for specific purposes; grants with strings attached
Project Grants: based on merit
Formula Grants: amount varies based on formulas (like population)

34. Intergovernmental Relations Today
Block Grants: given more or less automatically
For broad programs
States decide how to use
Both local and state governments

36. The Scramble for Federal $$
States know a lot of money is at stake
Keep full staffs responsible for grant applications
Generally, grant distribution follows a trend of: universalism—a little something for everybody.

37. Intergovernmental Relations Today
The Mandate Blues
What’s a mandate?
Sometimes the govt. tells states to do something, but doesn’t provide enough money
Medicaid
ADA
NCLB
Unfunded mandates

38. Is Federalism good or bad for democracy?
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 differ in the resources they can/will devote to services.
Local interests can counteract national interests.
Too many levels of government and too much money being spent.

39. Understanding Federalism

40. Understanding Federalism

41. Understanding Federalism

42. 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.

43. 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.