1. Chapter 3: Federalism

2. Federalism
“The question of the relation of the states to the federal government is the cardinal question of our constitutional system. It cannot be settled by the opinion of one generation, because it is a question of growth, and each successive stage of our political and economic development gives it a new aspect, makes it a new question.” Woodrow Wilson

3. Current Issues in Federalism
Immigration reform: Can states pass laws designed to dissuade illegal immigrants? (Carrying documents, punishing landlords, etc.)
Marijuana: If a state legalizes the use of pot, can the federal government prosecute a user under federal law?
Voter ID laws – Do state requirements for photo identification interfere with the constitutional right to vote?
Sanctuary cities – Can cities refuse to cooperate with federal immigration agents in identifying people living there illegally?

4. Why Federalism Matters
Federalism is a system in which the national government shares power with state/local governments.
The federal government is not all-powerful. State governments have the authority to make final decisions over many governmental actions.
The most persistent source of political conflict is between national and state governments.

5. Why Federalism Matters
Federalism explains many of the government actions that affect our everyday lives:
How much we pay in taxes.
How fast we can drive.
Drinking age.
How “successful” our schools are.
Whether children are covered by health insurance.
Punishments for crimes (death penalty)
What school cafeterias offer for lunch.

6. Why Federalism Matters
A federal system is rare in the world. Unitary systems are more common.
U.S. states maintain a high degree of independence from the national government.
American people are committed to idea of local self-government.
Members of Congress are elected by and responsive to local constituencies.

7. Figure 3.1 Lines of Power in the Federal System of Government
Replace with jpeg, p. 53
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8. Figure 3.1 Lines of Power in the Federal System of Government

9. Figure 3.1 Lines of Power in the Federal System of Government

10. The Founding
A bold new plan: There was no precedent for a “federal republic”
Framers envisioned people shifting their support between levels of government to keep the two balanced so neither level would have authority over the other.
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11. The Founding
TENTH AMENDMENT
The powers not delegated to the United States by the Constitution, nor prohibited to the States, are reserved to the States respectively, or to the people.
Added as an afterthought to calm states that feared the intentions of nationalists.
Has not had much significance through history.
Supreme Court has recently given more importance to Tenth Amendment.
Example: Congress may not regulate the labor market for state government employees. (1974)
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12. History of Federalism The Supreme Court Speaks Nullification
Dual Federalism
Cooperative Federalism
Centralized Federalism
Devolution
Bowdoin College Museum of Art, Brunswick, Maine, Bequest of the Honorable James Bowdoin
Thomas Jefferson was an ardent supporter of states’ rights, p. 54
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13. History of Federalism
Federalism has changed over time to meet new political needs.
Over the course of U.S. history, American federalism has experienced a steady expansion in national power.
In recent years, a trend in American federalism called devolution has attempted to return power to the states.

14. History of Federalism
Chief Justice John Marshall supported vision of strong national government.
McCulloch v. Maryland (1819) settled two questions:
Can the federal government do things not explicitly stated in the Constitution? (Yes.)
Is the federal government supreme to the states? (Yes)
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15. DOCTRINE OF NULLIFICATION
History of Federalism
DOCTRINE OF NULLIFICATION
If a state believed a federal law violated the Constitution, it could declare the law null and void.
Used by southern states to push back against northern efforts to end slavery.
Question settled by Civil War. States cannot nullify federal laws.
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16. Models of Federalism DUAL FEDERALISM
Both national and state governments are supreme in their own spheres, which should be kept separate.
Model: 1789 – 1930s.
Example: Interstate commerce – federal domain, intrastate commerce – state’s domain.

17. Models of Federalism COOPERATIVE FEDERALISM
Change due to Great Depression.
Model: 1930s – 1960s.
National and state governments work together to solve problems.
FDR’s New Deal required states to cooperate with federal programs to achieve success.
Examples: Social Security, unemployment, infrastructure development.

18. Models of Federalism Dual Federalism (layer cake)
Cooperative federalism
(marble cake)
(Analogy from The Federal System, by Morton Grodzins)
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19. Grodzins: The Federal System
“an inseparable mingling of differently colored ingredients, the colors appearing in vertical and diagonal strands and unexpected swirls.”
“So functions are mixed in the American federal system.”

20. Grodzins: The Federal System CENTRALIZATION VS. DECENTRALIZATION
Grodzins: The Constitution decentralized power. The Supreme Court has allowed Congress to have “a relatively free hand.”
Decentralizing components of the original Constitution:
Two Senators from each state.
The role of states in conducting elections.
Relatively few limitations on the lawmaking power of states.
Many clauses of the Constitution are simple and clear and not open to liberal interpretation.
Political parties operate in a way that decentralizes power.

21. CENTRALIZED FEDERALISM
Models of Federalism
CENTRALIZED FEDERALISM
1960s: President Lyndon Johnson expanded powers of national government
Great Society program: initiatives aimed at eliminating poverty and social inequality.
Aka - Creative federalism: used federal funds through grants to states to achieve national goals.

22. Models of Federalism CENTRALIZED FEDERALISM
Programs: Medicaid, Head Start, urban renewal.
If national government determines states not fully cooperating, funding withheld.
Threat of losing money powerful tool.
Grant system increased size, cost of national government.

23. Models of Federalism DEVOLUTION
1980s: President Ronald Reagan supported returning power to the states
Believed the national government was too big and too intrusive in people’s lives.
Believed states were better at providing services.
Cut federal grants and relaxed spending rules states had to follow.

24. THE DEVOLUTION REVOLUTION
Models of Federalism
THE DEVOLUTION REVOLUTION
1994 elections: Contract with America—Republican campaign promise to achieve specific goals
Central idea: devolution—returning power to states
Reduce size and power of national government by eliminating costly federal programs.
Since 1994, the scope and cost of the federal government has increased.
Newt Gingrich
Speaker of the House

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26. Federalism: Good or Bad?
Hurricane Katrina: Case study in breakdown of federalism.
Confusion and bickering among government agencies at different levels made the disaster worse.
President Bush’s approval ratings dropped after Katrina and never recovered to the same level.
Process of devolution slowed after Katrina.

27. Federalism: Good or Bad?
Support for a federal system is based on Americans’ desire for localized bases of political power.
Federal system protects liberty by decentralizing power.

28. Federalism: Good or Bad?
Ensures ample opportunity to mobilize political activity.
Many alternatives for citizens to make their voices heard.
If one official won’t respond, appeals can be made to other officials or levels.
Can result in confusion for the citizen.
He or she does not know which entity is responsible for what.
Doesn’t know what officials to contact.
Requires experienced citizenry (de Tocqueville)

29. Federalism: Good or Bad?
Diverse policies encourage creativity.
States can be “laboratories of democracy.”
Policy successes can be copied, failures avoided.
State solutions can lead to national solutions.
Diverse policies can lead to inequality among citizens.
Citizens in some states have advantage over those in other states (welfare, education).
Per pupil education spending ( ):
Vermont $15,139
Virginia $ 8,725
Utah $ 5,964

30. Federalism: Good or Bad?
Pluralism: The political system is composed of competing groups trying to influence government policy.
Interest groups cannot control government (Federalist #10 in action)
Many centers of power means one faction cannot control all.
Small groups can be heard and influence policy.
Small, organized groups can thwart the will of the majority.
Example: A few southern senators blocked civil rights laws even after most citizens favored them.

31. Federalism: Good or Bad?
Diverse policies needed because of different local needs.
Example: speed limits in Montana vs. Connecticut.
Diverse policies lead to inequality and confusion among citizens.
Some policy differences are arbitrary and outdated.
Examples: Variations in driving laws for teens.