Unit 3: Federalism!

1. Unit 3: Federalism! Chapter 3

2. I. Federalism • Defined: A.Political system in which power is divided among the national government and other governmental units, such as state, counties & municipalities B. It is the middle ground between Unitary & Confederal system C. Powers of National Government (Delegated): • Expressed/Enumerated, Implied (aka: necessary & proper clause, elastic clause), Inherent D. Powers of State Government: • Reserved Powers (Article 4, Amendment 10)

3. II. Federalism & the Constitution • US Const. is vague in nature of relationship between national & state, with no mention of local • Provisions in US Const. that recognize dominance of Federal govt. & allow for expansion of power: A. Supremacy Clause: makes US Const., federal laws, & treaties the “Supreme Law of the land”, State courts bound to B. Necessary & Proper Clause: allows congress to pass laws needed to carry out Expressed/Enumerated powers C. Commerce Clause: Gives congress the power to regulate interstate commerce D. General Welfare Clause: enables Congress’s spending power to be used to promote the “general Welfare”

4. III. Federalism & Supreme Court • This expansion of Power did not go unchallenged: • McCulloch v. Maryland (1819) • Gibbons v. Ogden (1824) • Williams v. North Carolina (1945) • Heartland of Atlanta Motel v. United States (1964) • South Dakota v. Dole (1987) • Puerto Rico v. Brandstad (1987) • United States v. Lopez (1995) • Gonzalez v. Raich (2005) • Gonzalez v. Oregon (2006)

5. IV. Federalism & States Reserved Powers • Constitution mention in places powers reserved for states: • Qualification for voting • Governors call for election to fill vacancy in HOR • Senators chosen by state legislatures • State governors fill Senate vacancies • The time, date, place of elections determined by state legislatures • State legislatures determine method of appointing electors • State legislatures can call a convention to propose amendment to US Constitution • State legislatures ratify amendments to US Constitution

6. V. The 10th Amendment & Reserved Powers • 10th amendment also led to certain powers reserved for the states: A. Establishing public schools, including curriculum, & length of school year B. Protecting public health and safety, for ex. Police, fire, and paramedics services C. Regulating businesses that operates in the state

7. VI. Federalism & Concurrent Powers • Concurrent powers: A. Area of overlapping power between the national & state governments: 1. Ex. Levying & collecting taxes 2. Creating courts 3. Borrowing money 4. Eminent domain

8. VII. Federalism & relations among the states • The relations among the 50 states considered very important: A. States cannot enter into treaties/alliances w/other countries B. Can enter to agreements, congress permitting, with each other • Interstate Compact: an agreement, between two or more states w/approval from Congress: • ICPC: Interstate Compact for the Placement of Children • The Colorado River Compact (1992) C. Supreme Court: has original jurisdiction in these cases where two states sue each other over some disagreement

9. VIII. States relations & US Constitution • Three Principles govern interstate relations under US Constitution (Article IV): A. Full faith & Credit Clause: states must recognize laws, public records, & court decisions of every other state • However, its not absolute: • Williams v. North Carolina (1945) • Defense of Marriage Act (1996) B. Extradition: • A fugitive from justice in one state must be returned to the state where he or she committed the crime C. Privileges & Immunities Clause: • citizens of one state must be treated the same as citizens of every other state • However: does not prevent state from imposing reasonable restrictions: • Minimum residency for voting, charging out of state resident higher tuition fees

10. Types of Federalism!

11. I. Types of Federalism A. Federalism is a fluid thing! The relationship between the levels has fluctuated due to issue or times! 1. Dual Federalism: 1789 to 1930s 2. Cooperative Federalism: 1930s - 1960s (Depression & FDR) 3. Cooperative/Fiscal Federalism: 1970s to 2000s (Nixon to now)

12. II. Dual Federalism (aka, layered cake!) A. From early 19 century up to Great Depression (early 1930s) B. It was believed that authority of National government was limited to enumerated powers (expressed), and everything else belonged to the states C. Defined: Each level of government has distinct responsibilities that do not overlap • Medicare and social security are exclusively federal programs with no state involvement

14. III. Cooperative Federalism (aka marble cake!) A. From 1930s until 1970s (Depression To Nixon) B. Defined: Levels of government share responsibilities 1. Shared costs: to receive federal aid, states must pay for part of a program (ex. Medicaid) 2. Federal guidelines: to receive funding, state programs must follow federal rules and regulations (No Child Left Behind; Race to the Top) 3. Shared administration: though programs must adhere to basic federal guidelines, they are administered according to the state’s directives (ex. Medicaid)

15. IV. Fiscal Federalism--Grants-in-Aid A. Since so much of cooperative federalism involves flow of federal dollars and grants, many call it Fiscal federalism B. Categorical grants 1. Make up more than 80 percent of all aid to state and local governments. 2. Federal funding to states for specific purposes, with lots of strings attached. States can take it or leave it. (ex. highway funds contingent on drinking age) 3. Ensures state compliance and policy uniformity (all states doing the same thing in the area of the legislation) 4. Two types of categorical grants: a.Project grants: made on basis of competition application process b.Formula Grants: made on basis of calculation on basis of some need, the formula dictates the amount

16. IV. Fiscal Federalism--Grants-in-Aid cont… 5. Examples of categorical grants a.Unemployment insurance b. Federal Highway Funds c. Medicaid (matching grant)

17. IV. Fiscal Federalism--Grants-in-Aid cont… C. Block grants: 1. Small percentage of grants-in-aid 2. Federal funding provided to states in chunks or “blocks” with only broad purpose defined. 3. States have greater flexibility with respect to use of federal funds. • Example: Community Development (housing, anti poverty programs); Social Services (child abuse prevention, mental health); Energy Efficiency, etc.

18. V. Mandates A. Defined: Direct orders to state governments to do something (mandate) B. Little to no funding by the federal government; all or most funding comes from state governments. (unfunded mandate) C. Examples of unfunded mandates: • Clean Air Act • No Child Left Behind (partially funded) • Americans with Disabilities Act (ADA)

19. VI. Advantages of Federalism A. More opportunities for citizen participation in government due to layers B. Greater citizen access to government C. Differences of opinion can be reflected in different policies in different states D. Reduces decision-making at federal level, which could be overwhelming

20. VII. Disadvantages of Federalism A. Resources are not distributed evenly, resulting in different quality of services (education, welfare, etc.) B. Local interests can sometimes thwart national interests (ex.: civil rights) C. Too many levels of government can be costly and inefficient. Can lead to voter fatigue. (app. 87,000 government entities)