1. Federalism

2. Defining Federalism
Federalism- way of organizing a nation so that two or more levels of government have formal authority over the same area and people
Unitary government- all power resides with in the central government
Confederation- national government weak, all power in hand of countries components (state or territories)
Intergovernmental relations- set of interactions among national ,state, and local governments, including regulations, transfer of funds, and sharing of information

3. Division of power
All states have equal representation in the senate (Article V) it is unamendable
Limit of state foreign policy, economic matters, and basic rights such as voting rights
Overlapping responsibilities in law and order, health safety, and regulating financial institutions

4. National Supremacy
Supremacy clause (Article VI)- Three items the law of the land
1. The Constitution
2. Laws of the national government (when consistent with the constitution)
3. Treaties (which can be made only by the national government)
Disputes of education regulation, health care but federal government usually wins

5. The Civil War Struggle over states rights to have slavery
National government had to assert power over southern states claim to sovereignty

6. Struggle for Racial Equality
1954 Brown v Board of Education of Topeka
Ended segregation
Governor of Alabama literally blocked school entrance
National guard ad US Marshals used to enforce
Additional national policies used for racial equality

7. Tenth Amendment
“power 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”
United States v. Darby(1941)- state powers are not superior to those of national government
Bond v. United States (2011)- person indicted under a federal statute may challenge the statute on 10th amendment grounds

8. Implied Powers
McCulloch v. Maryland(1819)- states can’t tax the national government
1. “the government of the United states. Though limited in its power, is supreme within its sphere of action
2. national government has certain implied powers that go beyond its enumerated powers
Necessary and proper clause(Article I sec.8)- elastic clause

9. Commerce Power Congress had power to promote economic development
Power to regulate economy
Gibbons v. Ogden(1824) commerce broadly defined to all forms of commercial activity

10. State Obligations to each other
Full Faith and Credit(Article IV)
Given to public records, acts and judicial proceedings from other states
Extradition
Privileges and immunities
Receive benefits of state you are currently in
Ex. gambling in Nevada
Does not count for voting or tuition
Saenz v. Roe- ruled Cali could not require new residents to wait a year before receiving welfare

11. From Duel to Cooperative Federalism
Dual Federalism- national government and states remain supreme within their own sphere
Cooperative federalism- national government and states share powers and policy assignments
As a nation we have moved more from dual to cooperative
Shared Costs
Federal Guidelines
Shared Administration

12. Devolution? Democrats generally support a strong national government
Republicans generally support states rights
Devolution- transferring of responsibility for policies from the federal government to state and local
Devolution began in 1994
Republicans changed approach in 2000 to using the federal government to accomplish objectives

13. Fiscal Federalism
Fiscal federalism-federal funds used by national government to both aid and influence states and localities
The Grant system
Categorical Grants- used only for specific purposes
Project Grants- based on competitive applications
Formula Grants- distributed based on pop., per capital, rural pop.
Block Grants- given automatically to states to use at their discretion

14. Fiscal Federalism Scramble for federal dollars The Mandate Blues
$600 billion in grants at stake- staffs placed in Washington to track money
Universalism- something for everyone
The Mandate Blues
Mandate- requirements that direct states to provide additional benefits or receive penalty or not get aid
Medicaid- expanded to children, pregnant, elderly poor (mostly funded by US)
No child left behind- if no improvement schools lose money
Unfunded mandates (or insufficient funds)
Americans with disabilities act
Clean Air Act
Courts

15. Diversity in Policy States as policy innovators
Test public policies
Funds distributed differently
Ex. Education Vermont$18,913 per student
Arizona $6,385 per student