Chapter 3: Federalism

1. Chapter 3: Federalism A way of organizing a nation so that two or more levels of government have formal authority over the same land and people. It is a system of shared power between units of government. The word federalism is absent from the Constitution.

2. United States v. Lopez

3. What is federalism? • Federalism is not unique to the United States. • 11 of the 190 or so nations is federal. • Germany, Mexico, Canada, Australia, India, Brazil are a few examples. WHY????? Could it be…… • Large minority ethnic groups • Large groups speak different languages • Most are democracies

4. Three types of Systems of Government Unitary Confederate Federal Central gov’t - holds primary - limited powers to - shares powers authority coordinate state with states - regulates states activities State gov’t - little or no powers - sovereign - shares powers - duties regulated by - allocate some duties with central gov central gov’t to central gov’t Citizens - vote for central - vote for state gov’t - vote for both governmental officials state & central officials officials

5. Why is federalism so important? Decentralizes our politics • Electoral process – 51 presidential elections • More opportunities to participate in gov’t • More points of access in gov’t • More opportunities to have demands become policies. Enhances judicial power • Makes umpires necessary to settle disputes. Decentralizes our policies • Places tension between who controls policy and what that policy should be.

6. Federalism decentralizes policies Equality, the economy, the environment, & other matters are subject to both national and state governments. States are responsible for most public policies dealing with social, family and moral issues

7. American states have always been policy innovators. • Cari, her 13 yr. old daughter, was killed by a drunk driver. • She formed MADD. Her lobbyists swarmed state capitals to get the drinking age raised. • By 1983, she had 19 states raise the drinking age to 21. • 1983 she had a press conference in WDC and raised the attention so much they passed a federal law that would withhold 10% of all federal highway aid from States that did not raise their drinking age to 21.

8. The Division of Powers National Gov’t State Gov’t Both Coin money Est. local gov’t Tax Conduct foreign relations Regulate commerce Borrow money Regulate commerce with within a state Est. Courts foreign nations & among Ratify amendments Make & enforce laws States Exert powers the Charter banks Provide army & navy Const’n does not Spend money for the Declare war delegate to Nat’l general welfare Est. federal courts Eminent domain Est. Post offices Make laws necessary & proper to carry out the above powers

9. Supremacy Clause:Article VI of the Constitution

10. Tenth Amendment • The constitutional amendment stating that “The 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.” • United States v. Darby • <http://www.oyez.org/cases/1940-1949/1940/1940_82/>

11. Establishing National Supremacy Elaboration of the Implied Powers Definition of Commerce Clause McCulloch v. Maryland: (1819) Supreme Court decision that est. the supremacy of the national gov’t over state governments. Enumerated powers: powers of the federal gov’t that are specifically addressed in the Const’n; ex. Power to coin money, regulate its value and impose taxes Implied powers: powers of the federal gov’t that go beyond those enumerated in the Const’n. Elastic clause: authorizes Congress to pass all laws “necessary & proper” to carry out enumerated powers Gibbons v. Ogden (1824) Supreme Court decision that interpreted the commerce clause very broadly. Congress can regulate interstate commerce – virtually every form of commercial activity. Great Depression placed many demands on the federal gov’t. Seminole Tribe of Florida v. Florida <http://www.oyez.org/cases/1990-1999/1995/1995_94_12/>

12. Establishing National Supremacy The Civil War Struggle for Racial Equality A struggle between states powers & federal powers – did they have the right to secede. Lincoln announced in his 1861 inaugural address said he would support an amendment to guarantee slavery if it would save the Union. Brown v. Board of Education Supreme Court decided that school segregation was unconstitutional. Conflict between states & the national gov’t over equality issues was decided in favor of the national gov’t. The national government is supreme within its sphere, but the sphere for the states remains a large and important one.

13. States Obligations to Each Other A clause in Article IV, Section I, of the Constitution requiring each state to recognize the official documents and civil judgments tendered by the courts of other states. A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed. Privileges and Immunities: a clause in Article IV, Section 1, of the Constitution giving citizens of each state MOST of the privileges of citizens of other states. Saenz v. Roe <http://www.oyez.org/cases/1990-1999/1998/1998_98_97/>

14. Intergovernmental Relations Today Dual Federalism Cooperative Federalism A system of gov’t in which both the states and the national gov’t remain supreme within their own spheres, each responsible for some policies A layer cake A system of gov’t in which powers & policy assignments are shared between states & the national gov’t. They may also share cost, administration, and even blame for programs A marble cake.

15. Cooperative Federalism Cooperative federalism began with the Great Depression of the 1930s.

16. Cooperative Federalism In the 1950s and 1960s, the national government began supporting public elementary and secondary education. Today almost all schools receive federal money.

17. Standard operating procedures • Shared Costs: Washington foots part of the bill, but states or cities have to pay their share. • Federal guidelines: Most federal grants go to states & cities with strings attached. • Shared administration: State and local officials implement federal policies. U.S. Dept. of Labor gives billions of dollars for job training; while state agencies spend the money.

18. Ronald Reagan A strong advocate for States. He argued that the states had primary responsibility for governing in most policy areas.

19. Fiscal federalism 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.

20. The Grant System: Distributing the Federal Pie • Categorical Grants • Federal grants that can be used only for specific purposes, or categories. • They come with strings attached. • String is usually a nondiscrimination provision. • Project Grants • a type of categorical grant given for a specific purpose & awarded on the basis of the merits of the application. • College professor write these types of grants. • Formula Grants • a type of categorical grant distributed according to a formula specified in legislation or in an administrative regulation • State & cities do not apply for these; they are awarded them based on the formula.

21. Block Grants • Federal grants given more or less automatically to states or communities to support broad projects in areas such as community development and social services. • Adopted in 1966 & grew considerably in 1995 with a Republican Congress.

22. Mandate Blues • Most times state and city governments are glad to receive Federal aid. BUT • Sometimes Congress will pass a law for a state to extend a shared program if they want to keep receiving aid. • Mandate: requirement that state or local gov’ts comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.

23. Federalism and Democracy Advantages for Democracy More levels of gov’t---more opportunities for participation Increase access to government Gov’t can become more responsive to demands for policies. Political parties may not be strong on the federal level but be strong on the state level. Different States can have different policies than others. EX: Death penalty in the Texas and not in another.

24. Federalism and Democracy Disadvantages for Democracy • States differ in the resources they can devote to services. • Local interests may not be the same as the national majority support of certain policies. (gay marriages, etc.) • Sometimes the large number of governments can be very burdensome.

25. Federalism and the Scope of the National Government • Sometimes the national government has involved itself (some might say interfered) in the economic marketplace with quotas and subsidies intended to help American businesses. • Additional demands have been placed on the federal gov’t to provide new services sometimes ones the individual states used to provide. (look at examples on page 89)