Federalism

1. Federalism Ms. Bittman’s AP American Government and Politics

2. Federal-State Relations • Constitution makes National Government Supreme • But what the national government may do legally is not the same thing they want to do politically. • 11/190 Nations have federalism • Leads to dictator • Sovereignty is shared

3. Advantages • Recognizes local interests and differences • More points of access to policy • Enhances judicial power to solve issues b/t fed and state govs. • States try new policies • Check on federal government power • Prevents secession • Good for large, diverse country • Stronger national defense.

4. Disadvantages • Policies not uniform • Protects powerful local interests • Greater chance of corruption on the local level. • Economic disparity across states • Unequal representation in governments.

6. American Federalism • Restrictions on States’ powers • Coining money, treaties, bill of attainder, ex post facto • Federal government guarantees • Republican state governments, admitting new states, uniform taxes, travel state to state, “full faith and credit” with respect to other state’s laws, extradition, Elastic Clause: Necessary and proper for carrying out congress’ powers.

7. Factors increasing federal government power at the expense of the states.

8. Implied Powers • McCulloch v. Maryland (1819) • Created a national bank to print money, make loans, ect. • Jefferson, farmers, state legislatures . • Maryland tried to tax bank in 1818. • Baltimore branch (McCulloch) refused to pay the tax • John Marshall: “Power to tax is the power to destroy” • States don’t have that power. • Using the elastic clause (necessary and proper) congress has the power to create a bank -> federal government supreme • Therefore, National government has enumerated and implied powers over the states. • Regulate food and drugs, build highways, protect consuemrs, clean up dirty air and water.

9. Commerce Power • Gibbons v. Ogden (1824) • NY gave Ogden exclusive navigational rights, federal gave Gibbons a license. • Gibbons won due to interstate commerce clause. • Defined very broadly. • 1800’s courts ruled congress cannot regulation local businesses, changed during Great Depression. Interpretation is becoming narrower. • US v. Lopez (1995): Fed Gun-Free School Zones Act of 1990 forbidding firearms in public schools exceeded cong authority. • US v. Morrison (2000) ruled against 1994 Violence Against Women Act b/c no economic activity. • Seminole Tribe of FL v. FL (1996) SC declared 11th Amendment prohibited congress from using interstate commerce to revoke states immunity from lawsuits by private parties.

10. Struggle for Racial Equality • Brown v. Board of Education (1954) led to increased federal power. • Nullification: States cannot declare federal laws unconstitutional • States are not the SC

11. States’ Obligations to Each Other

12. Full Faith and Credit • States must recognize official documents and civil judgments of other states. • Congress passed Defense of Marriage Act, allowing states to disregard gay marriages. • But states must recognize other states licenses. • Alleged criminals surrendered to state where crime was committed. Extradition

13. Privileges and Immunities • Cannot discriminate against citizens of other states • Exceptions: • Out-of-state tuition • Only citizens of a state can vote there • Saenz v. Roe (1999) California could not require a new resident to wait a year before becoming eligible for welfare benefits that exceeded those from which the resident came.

14. Different Types of Federalism

15. Dual (Layer Cake) Federalism (1789-1930) • Federal Government supreme in its sphere. • Art 1-4, 6. • States Supreme in their sphere • Art 4, 10th Amendment • Shared Powers • 10th • Each level sovereign in its own region • But Federal government becoming stronger to implement: • 13th, 14th, 15th Amendments

16. Marble Cake Federalism (Cooperative) 1930’s-1960’s • Fed interfering in local. • Fed provides funds • States administer • 1930’s Examples • FDIC • Civilian Conservation Corps

17. Creative Federalism (1960s) • Federal Gov and States share costs • Guidelines, rules, funds-federal gov • Shared financial and administrative responsibilities for some programs • IE • Medicare • Medicaid • War on Poverty • Civil Rights

18. Competitive Federalism (1970-1980) • AKA New Federalism • Nixon and Reagan • If no compliance • Penalties • Equal Opportunities Act (1982): civil or criminal penalties • States to develop their own programs • Restrictions on other program • Crossover requirements • States have to do something in return for the money • Emergency highway Energy Conservation Act of 1974

19. Fiscal Federalism: Grants in Aid

20. Grants-in-Aid • Began before the Constitution was written • Land Grants in the early 1800’s • Cash Grants have increased hugely since 1808

21. Grants Continued • Why is federal money attractive to states? • The money was there. • Federal government had a surplus • The federal government’s income tax. • Great tool for public financing…. • Federal government had control over the mint • Could print money whenever they felt like it. • Politically “free” money for the states. • States could get the federal government to be their sugar daddy.

22. Grants Continued • Grant Effects • Ballooning National Debt • States budgets became dependent on federal money. • 1960’s Federal Government began telling states what to do with the money. • $ to poor, crime, pollution, drug abuse. • States could not break away from the money.

23. Different Types of Grants • Categorical Grants: money used for a specific purpose, determined by federal law. • States were , states could not adapt them to local use. • Two types: project (applications from indiv and states), formula (welfare). • Block Grants: Several categorical grants lumped together. • Only 16 now. Welfare Reform 1996 • Revenue Sharing: 1972-1986… Provided funding in areas with not requirement from the states to match funds. • Ended Because • The amount of money did not grow very fast. • Federal government did attach strings. • Congress and the Bureaucracy loved categorical grants… enhanced federal control over states.

24. Federal Aid and Control • Grant-in-Aid was threatening 10th amendment. • Block and Revenue sharing tried to reverse this trend.

25. 2 Kinds of Federal Control • Mandates • Usually for civil rights and environment. • Seems good, but some mandates are written vaguely… leading to issues. • Examples • American with Disabilities Act 1990 • No clear cut definition of “equal access” • US SC has increased this power • School Desegregation

26. Fed Control continued… 2. Conditions of aid: States don’t want the restrictions… don’t take the money • 1/4th of a states income came from the fed. Gov. • Facing different demands. • Fed gov and states each want different stuff. • 1960’s Washington favored its needs over the states. • B/C of weak political parties, growth of interest groups, increased activism in the courts.

27. Block Grants • Operational Grants to run things • Ex: To create a federally funded child care program. • Capital Grants to pay for things • To build a waste management plant. • Entitlement Grants for shifting money • Medicare and Social Security.

28. A Devolution Revolution • 1994, Republicans began shifting pwr from national to state governments. • Two biggest Medicaid and Welfare almost became block grants. • This process has led to… • Second-order Devolution: Power from States to local. • Third-order Devolution: From local to non-profit and private organizations.

30. Why Devolution? • 3 Reasons • Belief in devolution. • People distrust the federal government to respond to the people’s needs. • The reality of the deficit • Republicans in 1994 wanted to fund entitlement programs through block grants and make major cuts. • Views of Americans • Most Americans favor cuts in theory, but not practice.

31. What keeps federalism alive? • Several factors keep federalism alive in US. • Weak Party System • Political parties used to be strong. Dem voted as a block. • Not any more. • Congress sees itself as representatives to Wash. • Will represent their constituencies. • So many levels all have their own ideas. • Gov vs. Mayor vs. School vs. Union • Social diversity • Poor love federal, rich loves local.