Federalism

1. Chapter 3 Federalism

2. FEDERALISM:DIVIDING GOVERNMENTAL POWER

3. Federalism In the United States the framers sought to limit the national government by creating a second layer of state governments. Thus, establishing two sovereigns.

4. Why Federalism 1) Protect Liberty--state and national powers would protect freedom through governmental competition and mutual watchfulness. 2) Dispersing Power--Multiple centers of power would make tyranny unlikely. 3) Increasing Participation--With over 86,000 governments in the modern federal system, nearly one million people hold office and nearly everyone can participate in the affairs of government if they choose.

5. Why Federalism 4) Improving Efficiency--By not centralizing all decisions in Washington, government was made more efficient. 5) Ensuring Policy Responsiveness--The competition among governments encourages better efforts to provide citizens with public policies they desire. 6) Encourage Policy Innovation--Competition among governments leads to more innovation. 7) Managing Conflict--Federalism reduces the conflict of different regions of the country, each with different cultures.

6. Federalism Types of Federalism Dual Federalism (layer cake) Cooperative Federalism (marble cake) Fruit Cake Federalism Unitary Confederacy

8. THE ORIGINAL DESIGN DELEGATED POWERS NECESSARY AND PROPER CLAUSE IMPLIED POWERS NATIONAL SUPREMACY THE SUPREMACY OF FEDERAL LAWS OVER STATE AND LOCAL LAWS CONCURRENT AND RESERVED POWER CONCURRENT POWERS ARE THOSE BELONGING TO BOTH THE FEDERAL AND STATE GOVERNMENTS RESERVED POWER IS THAT NOT DELEGATED TO THE NATIONAL GOVERNMENT

12. AN INDESTRUCTABLE UNION FEDERALISM UNITARY SYSTEM CONFEDERATION HOME RULE INTERGOVERNMENTAL RELATIONS

13. PROTECTING BOTH MAJORITY AND MINORITY INTERESTS PROTECTING LIBERTY CREATING COMPEITION AMONG BRANCHES DISPERSING POWER THE NEED FOR MULTIPLE LEADERSHIP INCREASING PARTICIPATION ALLOWS FOR THE MOST PARTICIPATION

14. OTHER KEY POINTS IMPROVING EFFICIENCY MORE MANAGEABLE AND EFFICIENT ENSURE POLICY RESPONSIVENESS �VOTING WITH ONE�S FEET� ENCOURAGING POLICY INNOVATION DEVELOPING LABORATORIES OF DEMOCRACIES MANAGING CONFLICT ALLOWS FOR THE DEBATING OF ISSUES

16. Fruit Cake Federalism

17. Unitary Federalism

18. POTENTIAL FOR DANGER OBSTRUCTION OF ACTION ON NATIONAL ISSUES IT ALLOWS LOCAL INTERESTS TO IMPACT NATIONAL CONCERNS ALLOWS THE COST OF GOVERNMENT TO BE SPREAD UNEVENLY ACROSS AMERICA

19. The Tenth Amendment The powers that the Constitution does not delegate to the national government or prohibit to the states are �reserved to the States respectively, or to the people.� This is also called the reserved powers amendment.

20. MORE ON POLITICAL POWER POWERS DENIED TO STATES POWERS DENIED THE NATION AND THE STATES STATE ROLE IN NATIONAL GOVERNMENT

21. STATE-CENTERED 1787-1868 DUAL 1868-1913 COOPERATIVE 1913-1964

22. CONTINUED EVOLUTION CENTRALIZED 1964 - 1980 NEW FEDERALISM 1980-1985

23. CONTINUED EVOLUTION REPRESENTATIONAL FEDERALISM 1985 - ASSERTION THAT THERE IS NO CONSTITUTIONAL DIVISION OF POWERS BETWEEN THE NATION AND THE STATES, BUT THE STATES RETAIN THE ROLE OF SELECTING THE PRESIDENT AND MEMBERS OF CONGRESS. In Garcia v. San Antonio Metropolitan Transit Authority (1985) the Supreme Court upheld Congress�s right to order states to pay their employees a minimum wage. The Supreme Court held that states are protected not by the reserved powers under the Tenth Amendment, but by their powers in the election of the president and representatives in Congress.

24. Federal-State Relations State and local governments play an important role in our lives Founders feared centralized government and preferred local self-government

25. The States and American Values Considerable variance exists in the application of core values from state to state States serve as laboratories for new policies and programs

26. Federal Intervention The variance in policy application has led to demands for national standards Many argue that the national government should ultimately control policy directions

27. New Federalism The current debate over New Federalism or Devolution reflects this long standing debate over federal versus state power Remember that this issue was first raised at the founding of this nation

28. Separation of Powers Federalism recognizes two sovereigns by granting limited powers to the national government and reserving the remaining powers to the states and the people (Art I, Sec. 8 and the Amend X)

29. Why Two Sovereigns? The states were sovereign entities before and after the American Revolution and the Anti-Federalist opposed a strong national government Madison argues the system is necessary to prevent tyranny (Federalist 10, 51)

30. Constitutional Design of Federalism Delegated Powers National Supremacy Concurrent Powers Reserved Powers Powers Denied to Both the Federal and State Governments

31. Delegated Powers

32. Necessary and Proper Clause Art I, Sec. 8 also provides that the federal government as the power to �make all laws necessary and proper� for executing the powers granted the federal government under the Constitution

33. Necessary and Proper Clause Necessary and Proper Clause gives Congress implied powers necessary to carry out the enumerated or delegated powers Controversy has arisen over what powers were actually delegated

34. National Supremacy This ensures a strong national government

35. Concurrent Powers

36. Reserved Powers Powers not granted to the national government are reserved to the states pursuant to the Tenth Amendment Includes the following: regulate interstate commerce provide for public health, safety and morals

37. States Obligations to States Article IV--full faith and credit clause: requires that states normally honor the public acts and judicial decisions tht take place in another state. Defense of Marriage Act 1996--ruled that states will not have to recognize same sex marriages, and gay partners will not be eligible for federal benefits.

38. DOMA No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State respecting a relationship between persons of the same sex that is treated as a marriage under laws of such State.

39. Opposition of DOMA DOMA is Unconstitutional: States are bound, by the �full faith and credit� clause of the Constitution. There is no federal marriage license, nor should there be Congress should address current, critical, and real issues facing America Human Rights Campaign

40. The Polls and DOMA As of 1996: 37% support the federal law �defining marriage as only between men and women. 29% opposed to this legislation 34% undecided

41. Powers Denied the States

42. Powers Denied to Both Federal and State Governments

43. III. Who Does What?The Changing Federal Framework Why did the Balance of Power Between the National Government and States Shift? What Allowed For the Shift in Power Between the National Government and the States? Why Has There Been A Call for Returning Power Back to the States?

44. Why the Debate Over Governmental Power? From the beginning there has been controversy over the exact division of power Federalists demanded a strong national government that could protect life and property Anti-Federalists feared a strong central government would destroy individual liberty

45. The Growth of Federal Power The framers of the Constitution responded by creating a system that divided power between the two sovereigns Although, initially limited the federal government�s power has increased rapidly over time for a variety of reasons This has led to a diminished role for state governments and a tremendous growth in the size of the federal government

46. Early Federal Power:The Commercial Republic Early years were marked by a clear division in public policy authority National government was quite small and responsible for internal improvements subsidies and tariffs patents and currency public land use

47. Early State Power:Economic Regulation State legislatures were actively involved in economic regulation of areas such as property, contracts, banking, insurance, incorporation, credit, and professional practices

48. State Power Over the Individual States enacted criminal statutes Enacted health and safety regulations Enacted laws concerning marriage, divorce, birth and adoption

49. Challenges to State Power

50. Challenges to State Power

51. Challenges to State Powers The federal government attempted to use its new authority to regulate commercial activities, labor laws, and working conditions Supreme Court ruled these actions unconstitutional

52. Challenges to State Power The Great Depression demonstrated the weakness of the state governments Citizens demanded federal action to remedy the economic collapse President Roosevelt responded with his Great Society

53. The Depression and the Great Society The federal government responded with economic and social programs The Supreme Court initially ruled that these programs were unconstitutional Roosevelt threatened to pack the Supreme Court The Supreme Court reversed its position and upheld the constitutionality of the plan

54. The Expansion of Federal Power The Supreme Court�s reversal with regard to Roosevelt�s programs allowed for the rapid expansion of federal power The federal government now regulates almost every aspect of our lives

55. Tools of Power: Federal Grants Governmental programs are usually in the form of federal grants-in-aid Congress appropriates money to state and local governments to fund particular projects usually with strings attached The Great Society funded work and social programs such as AFDC and Social Security

56. GRANT-IN-AID

57. Federal Grants in Aid

58. Types of Grants Categorical grants Project grants Formula grants

60. THE GOVERNMENT AS TOUGH GUY FEDERAL PREEMPTIONS PREEMPTION IS THE TOTAL OR PARTIAL FEDERAL ASSUMPTION OF POWER IN A PARTICULAR FIELD, RESTRICTING THE AUTHORITY OF STATES TOTAL PREEMPTION INVOLVES THE ASSUMPTION OF ALL REGULATORY POWERS PARTIAL PREEMPTION SEES THAT NATIONAL LAWS ARE NOT INVALIDATED BY STATE LAWS STANDARD PARTIAL PREEMPTION IS WHEN STATES ARE ALLOWED TO REGULATE CERTAIN ACTIVITIES AS LONG AS SUCH REGULATION MIRRORS THAT OF THE NATIONAL GOVERNMENT

61. FEDERAL MANDATES

62. Grants: Aid or Blackmail? States could not receive federal highway funds unless speed limits were lowered, the drinking age was raised, and seat belt laws were enacted Are these examples of national standards or federal blackmail?

63. Cooperative Federalism Cooperative Federalism has been in place since the 1930s as there has been an overlap of federal and state functions For example, the enforcement of criminal statutes and drug laws is carried out at the federal, state, and local levels Food stamps and medicaid are joint programs

64. Is Cooperative Federalism a Myth? Despite some overlap, the federal government dominated public policy in the 1950s and 1960s For example, advances in civil rights,civil liberties, and in environmental regulation were achieved by the federal government not the states

65. Regulated Federalism and National Standards National standards in environmental regulation, workplace safety, and product safety have supplanted state power This is generally known as federal preemption Unfunded mandates also impose restrictions on the states

67. Nixon and New Federalism The burdens of federal regulations and unfunded mandates brought about demands for reducing federal power in the 1970s Block grants and revenue sharing were important tools in the movement toward New Federalism

69. The Demise of Nixon�s New Federalism Congress and the states opposed Nixon�s plan for New Federalism Feared a loss of control over national programs and standards

70. Reagan and New Federalism Reagan reinvigorated the demand for New Federalism Again, the transfer of power to the states was met with opposition Block grants were used to increase federal power

71. PASSING DOWN OF RESPONSIBILTIES