1. Federalism
Chapter 3

2. DEFINING FEDERALISM What is Federalism? Intergovernmental Relations -
Definition: A way of organizing a nation so that two or more levels of government have formal authority over the land and people.
Intergovernmental Relations -
Definition: The workings of the federal system- the entire set of interactions among national, state and local governments.

3. FEDERALISM CLARIFIED? In Federalism
The same people and territory are included in both levels of government;
The nation’s constitution protects units at each level of government from encroachment by the other units;
And, each unit is in a position to exert some leverage over the other.
In American Federalism, 5 separate levels of government
National
State
County
Municipal, townships, and towns
School districts, special taxing districts.

4. UNDERSTANDING FEDERALISM

5. FEDERALISM V. UNITARY GOVERNMENT
CENTRAL
GOVERNMENT
HOLDS PRIMARY AUTHORITY
REGULATES ACTIVITES OF STATES
SHARES POWERS WITH STATES
STATE GOVERNMENT
LITTLE OR NO POWER
DUTIES REGULATED BY CENTRAL GOV’T
SHARES POWER WITH CENTRAL GOV’T
CITIZENS
VOTES FOR CENTRAL PARTY CANDIDATES
VOTES FOR BOTH STATE AND CENTRAL PARTY CANDIDATES

7. DEFINING FEDERALISM Why is Federalism So Important?
Decentralizes our politics
More opportunities to participate
Decentralizes our policies
Which government should take care of which problem?
States can solve the same problem in different ways.

8. THE CONSTITUTIONAL BASIS OF FEDERALISM
The Division of Power
Supremacy Clause
The U.S. Constitution
Laws of Congress
Treaties
State Constitutions
State Laws
Supremacy Clause-Article 6 of Constitution = conttn, national laws, and treaties are SUPREME over state laws AS LONG AS national government is acting within its CNTTTNAL powers
enumerated powers = Article 1, section 8
‘implied powers’
Elastic Clause [final paragraph]
POWER OF COMMERCE CLAUSE

9. THE CONSTITUTIONAL BASIS OF FEDERALISM
BASIS FOR THIS CHART FOUND IN CNTTN, ARTICLE 10

10. THREE SIGNIFICANT SUPREME COURT CASES
McCulloch v. Maryland
Could Congress charter a national bank?
Could states tax the national bank?
Gibbons v. Ogden (1824)
Heart of Atlanta Motel v. US, technically not a federalism case
McCulloch v. Maryland
Could Congress charter a national bank?
Yes, even though this power is not explicitly in the Constitution.
Could states tax the national bank?
No, because “the power to tax is the power to destroy.”
In Gibbons v. Ogden (1824),
The Court defined commerce broadly, to include all “intercourse” between states.
In Heart of Atlanta Motel v. US, technically not a federalism case,
the Court upheld the Civil Rights Act of 1964 using the Commerce Clause. This greatly expanded federal power.

11. THE CONSTITUTIONAL BASIS OF FEDERALISM
States’ Obligations to Each Other
Full Faith and Credit
Article IV, Section 1: Requires each state to recognize official documents and civil judgments rendered by courts of other states
Extradition
Alleged criminal offender is surrendered to officials where crime is alleged to have been committed
Privileges and Immunities
Article IV, Section 2: Citizens of each state have most of the privileges of citizens of other states

12. INTERGOVERNMENTAL RELATIONS YESTERDAY
Dual Federalism
Definition: A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.
Like a layer cake
Ended in the 1930’s

13. INTERGOVERNMENTAL RELATIONS TODAY
Cooperative [Shared] Federalism
Definition: A system of government in which powers and policy assignments are shared between states and the national government.
Shared costs
Shared administration
States follow federal guidelines

14. INTERGOVERNMENTAL RELATIONS TODAY
Fiscal Federalism continued
The Grant System: Distributing the Federal Pie
Categorical Grants: Federal grants that can be used for specific purposes. They have strings attached.
REFER TO HANDOUT FISCAL FEDERALISM AT END OF POWER POINT NOTES HANDOUT
CATEGORICAL GRANTS = To states for specific purposes of state or local spending
STRINGS = 1] non discrimination provisions
2] use of union labor
3] CROSS OVER SANCTIONS = $ for roads BUT limit age to drink or speed limit
PROJECT GRANTS = Specific purposes BUT CONTAIN SOMETIMES “CROSS CUTTING REQUIREMENTS”
$ for programs but denial if problems in another area exists
EXAMPLE = COLLEGE RESEARCH GRANTS AND ADHERENCE TO TITLE 9 [women in sports]
FORMULA GRANT = categorical grants but distributed by Congressional formula {% of certain groups, etc]
BLOCK GRANTS = $ to states / local governments for broad programs-’COMMUNITY DEVELOPMENT / SOCIAL SERVICES’
but STATES or LOCAL GOVT determines where it exactly goes

15. Two Historical Transfers of Power TWO “NATIONALIZATIONS”
FDR and The New Deal [1930’s]
Comprehensive sets of economic regulations and relief programs intended to fight the Great Depression
Took two basic forms-regulation and finance of state actions.
Funding of program
Examples of programs
Works Progress Administration
Civilian Conservation Corps
Social Security
Authority to do so found where?
FDR and The New Deal [1930’s]
Comprehensive sets of economic regulations and relief programs intended to fight the Great Depression
Took two basic forms-regulation and finance of state actions.
FDR and democrats agreed to fund as much as 90% of state programs for relief and make-work programs. All 48 states agreed and signed up
Works Progress Administration
Civilian Conservation Corps
Social Security
All power to do this was justified under the commerce clause.

16. LBJ AND THE GREAT SOCIETY [1960’S]
LBJ’s two wars:
Vietnam
War on Poverty
Categorical grants
Subsidized state programs that concurred with national goals.
Grants--- ‘ strings attached’.

17. WHY NATIONALIZATON?
Probability of more sympathetic treatment in Washington AND ACCESS TO MEDIA
Easier to lobby one place that fifty state governments.
EXAMPLES OF ‘NATIONALIZATION’
GUN CONTROL
HAZARDOUS WASTE DISPOSAL
SPECIAL EDUCATION PROGRAMS
MADD AND NATIONAL DRINKING AGE
ENVIRONMENTAL ISSUES
REVERSE OF NATIONALIZATION
ROE V. WADE [HANDOUT page 87]
SEE HANDOUT: STATES AND ABORTION RESTRICTIONS
NATIONALIZATION = LOSS OF STATE / LOCAL POWER / LAWS

20. Intergovernmental Relations Today
Fiscal Federalism
Definition: The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments.
Figure 3.2

21. INTERGOVERNMENTAL RELATIONS TODAY
Fiscal Federalism continued
The Scramble for Federal Dollars
$400 billion in grants every year
Universalism - a little something for everybody
The Mandate Blues
Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.
Unfunded mandates are requirements on state & local governments - but no money

22. UNDERSTANDING FEDERALISM
Advantages for Democracy
Increasing access to government
Local problems can be solved locally
Hard for political parties / interest groups to dominate ALL politics
Disadvantages for Democracy
States have different levels of service
Local interest can counteract national interests
Too many levels of government - too much money

23. AND THEN THE LOPEZ CASE 1995 Supreme Court decision
Challenged a federal law “Gun-Free School Zone Act of Basis for law was Commerce Clause.
Vote was 5-4 [Kennedy and O’Connor]
Encroached too much on state sovereignty
An attempt to limit ‘private conduct’
Did not make broad based statement about any other federal laws that might ‘encroach’
like the Clean Water Act

24. AND THEN The Printz and Mack Cases – 1997
Challenged the Brady Law [background checks by local sheriffs required to own a gun]
Supreme Court said violation of Commerce Act

25. AND THEN
US v. Morrison -2000
Supreme Court overturned the 1994 Violence Against Women Act
Court stated that gender crimes did not equal a
“Commerce” issue”