1. Chapter 3 – Federalism

2. Learning Objectives
3.1 Identify the types of governmental systems and the sources of federal and state power
3.2 Describe the advantages of federalism
3.3 Evaluate how Texas uses the funding received from the federal government
3.4 Assess how elements of cooperation and coercion within the federal system have changed over time
3.5 Analyze examples of the conflicts over federalism

3. Organizing the Constitutional System
Unitary Systems: central government that has complete authority over all levels of government
“top-down” government
Centralized organization
Central government supreme authority
Central government grants specific power to state and local government
Republic of Texas was a unitary system

4. Organizing the Constitutional System
Confederal System: a power-sharing arrangement in which a central government’s authority is granted by the individual political units
State delegates power to central government for specific purposes
Majority of power rests with lower level government
Central government has very little power
United States Articles of Confederation was a confederal system

5. Organizing the Constitutional System
Federal System: power-sharing arrangement in which a central government’s authority is granted by the individual political units
Federal government has authority over states in some matters
Federal government and states share authority in other matters
States have authority in other matters
United States Constitution is a federal system

6. Organizing the Constitutional System
Supremacy Clause
Article VI, Section 2
US Constitution and federal laws “shall be the supreme law of the land”
Enumerated Powers
Powers identified as powers the federal government has
Expressed or Delegated Powers
Specified in Article I, Section 8 of the Constitution

7. Organizing the Constitutional System
Implied Powers: powers that the federal government is not expressly granted but that it is assumed to possess so that Congress can carry out its duties
Necessary and Proper Clause
Article 1, Section 8
Congress can make laws to carry out its function
Commerce Clause
Congress has power to regulate commerce with foreign nations and among the states

8. Key Federalism Cases decided by US Supreme Court
Organizing the Constitutional System
Key Federalism Cases decided by US Supreme Court
McCullough v. Maryland (1819)
Gibbons v. Ogden (1824)
Baker v. Carr (1962)
Arizona v. United States (2012)

9. Organizing the Constitutional System
Reserved Powers
Tenth Amendment
Reserve Clause: powers not listed in Constitution reserved to the states
Concurrent Powers
Powers shared between state and federal governments
Full Faith and Credit
Constitution clause that requires that each state respect the rights and proceedings of other states
Necessary for federalism to work properly

10. Advantages of Federalism
Stronger Central Government
Representation
States and local governments have a major say in how funds spent
Policy Innovation
Laboratories of Democracy
Trust in levels of government
Texans distrustful of national government
Trust in local and state government
Federal intervention following Civil War entrenched the value of state autonomy

11. Texas and Federal Funding
Important way federal and state governments share power: budget finance
Texas ranks 30th among stapes in federal funding
Federally funding categories
Medicaid largest allocation of federal funds
Second largest category is business development
Disaster Relief
Major way of receiving federal funds
Texas relies on disaster funding more than any other state

12. Styles of Federalism Dual Federalism Cooperative Federalism
Federal, state, and local government each has exclusive powers reserved to it alone
Cooperative Federalism
Each level of government has overlapping and intertwined authority over shared issues
Categorical Grants
Funds distributed for specific programs that require government to meet conditions established by the federal government
Matching Grants
Funds the state adds to supplement federal government programs
State must have “skin in the game”

13. Styles of Federalism New Federalism Coercive Federalism
Greater responsibilities, duties and funding to the states
Reduces the size of the federal government
Block grants
Fixed funds for a particular policy or program
Coercive Federalism
Federal government establishes guidelines for states
Unfunded Mandates
Federal policies without federal funding
Preemptions
Federal government grants states permission and funding to implement federal regulations in policy areas but only if the states comply with a host of conditions

14. Texas and Conflicts Over Federalism
Texas versus Washington
Legal system is often the arena for battle
Texas has sued the federal government most frequently over environmental issues
Mixed success
Tidelands Controversy
Red River Border Dispute
Immigration
Voter Identification at Election Places
Common Core Education Standards

15. Texas Takeaways
The three types of constitutional systems are unitary, confederal, and federal.
Enumerated powers are specified in writing and retained by the federal government so that Congress has exclusive province to act on them. Implied powers are powers that the federal government could possess but that are not expressly identified.
Examples of concurrent powers include the power of taxation and enforcement of immigration laws, which are shared at the state and federal level.
The advantages of federalism are a stronger central government, representation of interests, policy innovation, and the ability to locate government closer to the people, which often results in a higher trust in government.

16. Texas Takeaways
Texans support state government over the federal government on both economic and social issues.
The state received $69 billion in funding from the federal government. This amounted to 35% of the state’s budget.
Most of the federal funds spent by the state went to social programs such as Medicare, followed by education. Other programs include transportation and other social welfare programs. Disaster funds (not regularly provided) are provided following a disaster.

17. Texas Takeaways
Layer cake federalism is the model of dual federalism in which the arrangement of each layer of government is distinct from the other and each maintains its own power and authority. Marble cake federalism describes the style of cooperative federalism whereby the layers (of government) overlap and mix with each other, and jurisdictions on policy and regulatory matters are not bound by cleanly set layers.
New federalism gives more authority to the states, whereas coercive federalism makes demands on states to achieve specific objectives.
An unfunded mandate is a policy set by a higher level of government that requires spending funds but does not allocate funds for that purpose. In many cases, local governments may not have the funds to cover the policy.

18. Texas Takeaways
Texas wins about 25% of the time in court against the federal government, although the number may be less important than the substance of the legal victory.
Texas challenges the federal government most on issues of immigration, education standards, environmental rules, administering elections, medical care coverage, and business regulations.
Shelby County v. Holder was the Supreme Court case that released Texas from automatic federal oversight on voting and election issues.