Federalism

1. 3 Federalism

2. Essential Question: What is federalism and what is the constitutional basis for the division of power between national and state governments?

3. 3.1 Authority relations in three systems of government

4. 3.2 Powers in the Constitution • National Powers (enumerated) • Duties, interstate trade, coin $, post office, declare war, “necessary and proper” • Concurrent (powers held by BOTH) • Tax borrow $, make and enforce laws, charter banks, $ to the “general welfare” • State Powers (reserved) • Elections, ratify amendments, morals, public safety, create local gov, intrastate trade, 10th Amendment

6. 3.2 Some Powers Denied States by the Constitution

7. 3.2 Division of Power • Federal obligations to states • Cannot divide states • Cannot tax interstate exports • Protect states against invasion • Overlapping responsibilities-such as establishing courts, maintaining law and order, protecting citizens’ health and safety, and regulating financial institutions. They can both levy taxes and take private property by eminent domain.

8. 3.2 National Supremacy • Which level should do what? • Debates over areas of policy responsibility.. • Supremacy clause • Civil War-established national sovereignty over states • The Struggle for Racial Equality-forcing integration in schools and other public accommodations, and ending legal discrimination in jobs, housing, and voting over the strong objections of the states. • Tenth Amendment-“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.” • Eleventh Amendment – A citizen of one state cannot sue another state

9. 3.2 Wallace and segregation In 1963, Alabama Governor George Wallace made a dramatic stand at the University of Alabama to resist integration of the all-white school. Federal marshals won this confrontation, and since then the federal government in general has been able to impose national standards of equal opportunity on the states.

10. 3.2 National Supremacy • Implied Powers • McCulloch v. Maryland (1819) • Enumerated powers • Elastic clause

11. 3.2 National Supremacy • Commerce power • Gibbons v. Ogden (1824)-Ogden defined commerce so broadly as to encompass virtually any commercial activity. After the Industrial Revolution when Congress sought to use its commerce powers to regulate worker health and safety, the Court said that the power to regulate interstate commerce did not extend so far. When the Great Depression placed new demands on the national government, the Court reluctantly allowed considerable expansion of Congress’s regulatory power. • Promote economic development • Regulate economic activity • Expansion then retraction (US v Lopez)

12. 3.2 States’ Obligations to Each Other • Full faith and credit • Defense of Marriage Act (1996) The Constitution requires that states give full faith and credit to the public acts, records, and civil judicial proceedings of every other state. In practical terms, this means that if you are married or divorced in one state, you are married or divorced in all states. Because of the full faith and credit clause of the Constitution, marriage certificates issued by one state are valid in every state. People are also entitled to most of the benefits—and subject to most of the obligations—of citizenship in any state they visit, thanks to the privileges and immunities clause. When Hawaii legalized same-sex marriage, Congress passed the Defense of Marriage Act, which allows states to make an exception to the full faith and credit clause and not recognize same sex marriages performed in other states. Was DOMA constitutional?

13. Obergefell v. Hodges (2015) • Question • Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? • (2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex that was legally licensed and performed in another state? • Decision • Yes, yes • This decision effectively nullified DOMA.

14. 3.2 States’ Obligations to Each Other • Extradition-The Constitution requires states to return a person charged with a crime in another state to that state for trial or imprisonment • Privileges and immunities-prevent discrimination by states against visitors or new residents coming from other states. But there are many exceptions to this clause. State universities, for example, can charge higher tuition to out-of-state students.

15. 3.3 From Dual to Cooperative Federalism • Dual federalism • Separate spheres of authority • Layer cake • Before New Deal Programs • Cooperative federalism • Shared costs • Federal guidelines • After New Deal programs

16. 3.3 From Dual to Cooperative Federalism • Cooperative federalism in action • Schools • Highways • State Alcohol laws • The New Deal!

17. 3.3 Interstate highways Cooperative federalism began during the Great Depression of the 1930s and continues into the twenty-first century. The federal government provides much of the funding for interstate highways, for example, but also attaches requirements that states must meet.

18. 3.3 Devolution? (transferring responsibility from the federal government to local and state governments) • Party divide on federalism • Democrats favor national government • Republicans favor states • Devolution since Reagan • Loosening federal regulations • Harnessing federal government power • After decades of new federal policies by the Democrats, the Republican party gained control of the White House in 1980. They attempted to devolve some federal power back to the states by cutting funds for domestic federal programs. Then, in 1994 the Republicans gained control of Congress and repealed many federal laws, giving states more latitude to set their own policies.

19. 3.3 Fiscal Federalism ($$) • The Grant System • Categorical grants • Specific purpose w/ strings attached (often non-discrimination clauses) • Crossover sanctions-withhold funds unless states change their policy in some area to conform with federal government goals • Crosscutting requirements-occur when a condition on one federal grant is extended to all activities supported by federal funds ( no highway funds until drinking age is raised to 21) • regardless of their source. For example, if a university discriminates illegally in one programs, such as athletics, it may lose the federal aid it receives for all its programs. • Project grants-the most common and are awarded on the basis of competitive applications • Formula grants-are distributed based upon the number of recipients, income, or some other criterion.

20. 3.3 Fiscal Federalism • Block grants-much less restrictive and generally only specify the policy area in which they are to be used, such as education or health care. • Scramble for federal dollars-“bring home the bacon” • Mandate-Requirements that direct states to provide additional services as a condition of a federal grant

21. 3.3 No Child Left Behind Act Unfunded Mandates Policies of the federal government may have major impacts on core policies of state and local governments, like elementary and secondary education, and determine how much is spent on these policies. Under the No child Left Behind Act, schools were threatened with the loss of federal funds if schools didn’t improve, but the mandate did not make available extra funding to help schools make these improvements.

22. 3.3 Fiscal Federalism • Programmatic Requests: usually known as earmarks, federal funds for special district or state projects

23. Discuss: Are state government too dependent on federal funds? What are other ways states could raise more revenue?

24. 3.4 3.4Which of the following is a result of federalism? • Diversity of policies in states • States can be policy innovators • States can spend less on education • All of the above

25. 3.4 3.4Which of the following is a result of federalism? • Diversity of policies in states • States can be policy innovators • States can spend less on education • All of the above

26. 3.5 FIGURE 3.2: State and local spending on public education Can we say there is equal opportunity in the U.S. when the quality of education varies so much between states?

27. 3.5 Federalism and Democracy • Contributions to democracy-avoid tyranny of the majority • Decentralizes politics- elect representatives to promote those interests at both the state and federal level. • Disputes resolved at lower levels of govt.-burden on the federal government is reduced • Majorities can be heard at state level • More opportunities for participation • Losing elections less painful • Detriments to democracy • Electoral College

28. 3.5 Number of governments in America

29. 3.5 Federalism and the Scope of the National Government • Why national government grew • Economic intervention • Industrialization • Quotas-on foreign imports of automobiles and steel to protect U.S. industries from competition • Subsidies-faltering industries, such as airlines and railroads • Preventing monopolies • Occupational health and safety • Urbanization • Housing • Social welfare • In many of these policy areas, legislation at the state level would have been ineffective. Louisiana could not pass pollution legislation that prevents states upstream from polluting the Mississippi River before it flows down through its borders. Indiana could not forbid imports of foreign steel. As more policy areas come under the federal government, the scope of national government increases, but the states continue to legislate as they have always done.