Federalism

1. Federalism

2. Federalism Federalism is the sharing of power between a national government and various state or regional governments. • Most of the early colonists came from Great Britain, which at the time was a monarchy. Today, Great Britain has a parliamentarian style constitutional monarchy, but it is also a unitary state. • A unitary state is a state or country wherein the national government holds most of the power, and devolves a small amount to local or regional governments. • After the Revolutionary War, this country’s first experiment with democracy came in the form of a confederacy. • A confederacy is a group of states that hold most of the power and devolve a limited amount to a central government. Federalism

3. Why Federalism? There are a variety of reasons that the colonists preferred a federal form of government. • Protection from common enemies • A sense of nationalism (nation-state) - A nation is a political unit whose people share a sense of common identity. • A strong sense of loyalty to their states Federalism

4. Why Federalism? (Cont’d) The biggest benefit of federalism is that it mixes the best features of confederal and unitary systems. • It allows for the creation of a large republic that can offer common defense, economic prosperity, and political and social diversity. • At the same time, it allows individual states to maintain much of their authority and local political and social customs. Federalism

5. Confederal, Unitary, and Federal Systems of Government Federalism

6. Enumerated Powers The Constitution spells out the powers that are granted to the states and those that are granted to the national government. • Enumerated powers are those expressly granted to Congress in the Constitution. • Raising armies • Declaring war • Setting rules for granting citizenship • Levying and collecting taxes for the general welfare • Borrowing money • Regulating interstate and foreign commerce Federalism

7. Necessary and Proper Clause The framers knew it would not be able to enumerate all of the powers of Congress explicitly, so they added the “Necessary and Proper Clause”. • The Necessary and Proper Clause, aka the “Elastic Clause” is found in Article I, Section 8; it gives Congress the power to pass all laws necessary and proper to the powers enumerated in Section 8. Federalism

8. Reserve Powers The Constitution did not originally list state powers. They were assumed to be all those not granted to Congress. However, the Tenth Amendment to the Constitution was added to grant “reserve” powers to the states. • The Tenth Amendment states that any rights not granted to Congress nor specifically denied to the states in the Constitution are considered the right of the states and their people. Federalism

9. Concurrent Powers Many of the powers in the Constitution are considered concurrent powers, meaning both the national and state governments have the power. Taxing Borrowing and spending money Making and enforcing laws Establishing court systems Regulating elections Healthcare Education Federalism

10. Concurrent Powers: Examples of National, State, and Shared Powers Federalism

11. Limits on Power In addition to granting powers, the Constitution also denies Congress and the states specific powers. • Congress cannot: • Suspend the right to a “writ of habeas corpus” (the right to see a judge once arrested). • Pass “bills of attainder” (laws that declare an individual guilty of a crime). • Pass “ex post facto laws’’ (laws that makes something illegal after the fact). • Ban the importation of slavery until 1808. Federalism

12. Limits on Power (Cont’d) • States cannot: • Pass bills of attainder • Pass ex post facto laws • Create titles of nobility • Enter into a treaty or alliance with foreign government • Tax imports or exports • Deny any person “due process” or “equal protection” (Equal Protection Clause) • Deny any person the right to vote based on race or sex or age • Guarantee Clause • Provides a federal government guarantee that the states will have a republican form of government, as opposed to a direct democracy Federalism

13. Relations between National and State Governments • The Supremacy Clause (Article 6) • Makes federal laws supreme over state laws • Tenth Amendment • States that all powers not delegated to the national government under the Constitution are reserved to the states • Sovereign immunity • Doctrine holding that states cannot be sued without their permission • Eleventh Amendment • Congress can allow lawsuits against the states based on provisions in constitutional amendments passed after the Eleventh Amendment. Federalism

14. Relations Among the States The Commerce Clause—Established Congress’s exclusive authority to regulate commerce among the states • States may not regulate interstate commerce and cannot establish trade barriers against goods from other states. • States may tax goods from other states equal to the amount that they tax goods produced in their own states, but they cannot charge extra taxes to goods that are made out of state. Full Faith and Credit Clause—Requires states to accept court decisions and most contracts made in other states Privileges and Immunities Clause—Requires that a state treat people from other states equally to its own residents Federalism

15. The Changing Nature of American Federalism Nation-centered federalism • View that the Constitution and the federal government derive from the people, not from the states • Hamilton sought expansive federal power and, in 1790, proposed that Congress establish a national Bank of the United States. • In McCulloch vs. Maryland, the Supreme Court recognized that Congress had the explicit authority to coin money and collect taxes, and declared that the creation of a bank helped reach those goals; thus creating a bank as an implied power that fell within the scope of authority granted by the Necessary and Proper Clause. Federalism

16. The Changing Nature of American Federalism State-centered federalism • View that the states created the Constitution and the federal government • Jefferson opposed Hamilton and the federalists ,and he was a strong supporter of states’ rights. • Dred Scott v. Sandford (1857)is an example of a case in which the Supreme Court sided with the rights of states. The Supreme Court declared that Congress had no authority to regulate slavery in the territories. Federalism

17. The Changing Nature of American Federalism (Cont’d) Duel Federalism • Doctrine holding that, although the national government is supreme in some spheres, state governments remain supreme in others, with layers of authority separate from one another Cooperative Federalism • A view that state and national governments work together to solving problems • New Deal • Civil Rights Federalism

18. Dual Federalism and Cooperative Federalism Dual federalism has been likened to a layer cake (left), and cooperative federalism has been likened to a marble cake (right). Federalism

19. New Federalism Shifting of power back to the states beginning with Nixon (1969) • General Revenue Sharing • Money from Congress to the states that could be spent however the states wanted • Moved away from categorical grants that were controlled by the national government. • Block Grants • Money from Congress to the states that could be spent in broad rather than specific categories • Contract with America • Campaign proposal containing ten legislative initiatives used by Republicans running for the House of Representatives in 1994 designed to reduce the power of the national government Federalism

20. New Federalism Federalism

21. State Governments All 50 states have separate legislative and executive branches, and all choose the head of the executive branch by direct election. Most states have four-year gubernatorial terms, limit their governor to two consecutive terms, and provide for succession by the lieutenant governor. Most states grant their governors a line-item veto, the ability to veto certain parts of spending bills without vetoing the entire bill. The president does not have line-item veto power and is often forced to sign or veto an entire omnibus bill, which combines tens of thousands of separate spending items together in one bill. A line-item veto provides governors greater control to manage spending. Federalism

22. State Governments (Cont’d) The biggest difference between state and national governments is the selection of judges. • National judges are nominated by president and confirmed by Senate. • State judges are selected in a variety of ways, including gubernatorial appointments and elections. • Missouri Plan • Process for selecting state judges whereby the original nomination is by an appointment and subsequent retention occurs by election Federalism

23. Local Governments Federalism

24. Local Governments Local governments are far more diverse in function and design than state governments. • Layers of government • County • City • Village • Township • School boards • Water Districts • Fire Districts Federalism

25. Local Governments (Cont’d) Most local governments do not have three separate branches, but most have some type of “executive” branch. • Mayors in cities and villages • Supervisors in counties • City manager system • The legislative branch appoints a professional administrator to run the executive branch. Federalism

26. Direct Democracy in Federalism Recall Elections • Allow citizens, if they gather enough petition signatures, an opportunity to hold a special vote to remove state or local elected officials before their terms expire Initiatives • A process that allows citizens who collect the required number of petition signatures to place proposed laws directly on the ballot Referendums  • A process that allows legislatures to put certain issues on the ballot for citizen approval or requires legislatures to seek citizen approval for certain actions by the legislature Federalism

27. States That Allow Recall, Initiative, and Referendum Federalism

28. Initiative Spending Federalism

29. Federalism and Public Policy Policy diffusion Process by which policy ideas and programs initiated by one state spread to other states Race to the bottom Situation in which states compete with one another to lower protections and services below the level they might otherwise prefer Federalism

30. Federalism and Public Policy (Cont’d) Education • Education is among the reserved powers left to the states. State and local governments develop the responsibility for educating the populace. • But, the federal government has numerous ways to provide equal access to education across income level, race, and level of disability. • Brown v. Board of Education • Head Start • No Child Left Behind • Student Aid and Fiscal Responsibility Act (SAFRA) Federalism

31. Federalism and Public Policy: Education On March 30, 2010, President Obama approved the Student Aid and Fiscal Responsibility Act at Northern Virginia Community College in Alexandria. Federalism

32. Focus Questions How does federalism affect government’s responsiveness? To what and to whom are federal systems accountable? What does it mean for citizen equality when different states are allowed to have different laws on certain subjects? How does a federal system make it easier for citizens to have an influence in government? What has been the relationship between federalism and the push for equality in the United States? Does federalism prove a gate, or a gateway, to democracy? Explain. Federalism