Federalism

1. Federalism The Basics

2. Governmental Structure • Federalism: a political system where local government units can make final decisions regarding some governmental activities and whose existence is protected • Unitary System: local governments are subservient to the national government

3. Lines of Power in Three Systems of Government

4. Lines of Power in Three Systems of Government

5. Lines of Power in Three Systems of Government

6. Federalism

7. Why federalism is important? • This is the single most persistent source of conflict between the states and the federal government • It is a major difference between Democrats and Republicans • We fought a war over it. hoosierinva.blogspot.com elektratig.blogspot.com

8. The Constitution • Federal Law is Supreme (Article VI) • Powers not delegated to the US are reserved to the states (10th Amendment) • Federal Powers –Enumerated Powers • State Powers-Reserved Powers • Shared Powers-Concurrent Powers • Implied Powers - Necessary & Proper Clause inventors.about.com eapartykc.com

9. Enumerated Powers • Regulate Interstate and International Trade • Conduct foreign affairs • Raise and support an army • Coin and print money • Establish a postal system • Govern territories, admit new states, and regulates immigration myspace.com coins.thefuntimesguide.com myspace.com

10. Reserved Powers • Public safety, health and welfare • Intrastate commerce • Establishing local governments • Conducting elections and voter qualifications • Establishing a public school system crowdigitalmedia.com smartgirlpolitics.ning.com blog.sciencegeekgirl.com

11. Concurrent Powers • Enforce the law • Establish courts • Collect taxes • Borrow money • Provide for the general welfare miwd.uscourts.gov jeffbunnell.blogspot.com

12. Positives and Negatives of Federalism • Negative view: Federalism blocks progress and protects powerful local interests • Positive view: Federalism contributes to governmental strength, political flexibility, and fosters individual liberty • Federalist #10: small political units allow all relevant interests to be heard • Federalism increases political activity www2.turnto10.com Unions Still Block Education Reform thetruthaboutcars.com Is California a fuel-economy bully?

13. Federalism: A Bold New Plan • No historical precedent • Tenth Amendment was added as an afterthought to clarify the limits of the national government’s power • Elastic language in Article I: Necessary and Proper Clause expands federal power toondoo.com miller09adams.tumblr.com

14. McCulloch v. Maryland • Could Congress charter a national bank? Yes, even though this power is not explicitly in the Constitution (Necessary and Proper Clause) • Could states tax the national bank? No, because “the power to tax is the power to destroy” stus.com zazzle.com

15. Selective Incorporation • Initially the Bill of Rights did not apply to the states It was not until the passage of the 14th Amendment that the Supreme Court began to apply them to the states under the “due process” and equal protection of the laws” • Through a series of court cases, known by the process of selective incorporation, the Supreme Court began to apply certain federal rights to the states concurringopinions.com OTIS McDONALD, et al., PETITIONERS v. CITY OF CHICAGO, ILLINOIS, et al.

16. Nullification • The states had the right to “nullify”, (declare null & void) acts the state deemed unconstitutional • Doctrine first supported by Madison & Jefferson • Later used by John C. Calhoun to resist federal attempts to restrict slavery • The north’s victory in the Civil War ended any attempts to use this doctrine (or did it???) answersinhistory.wordpress.com mediamatters.org Napolitano asks Palin, Rep. Paul, if states can "nullify federal behavior which is obviously harmful to property and freedom"June 12, 2010 12:05 pm ET http://mediamatters.org/mmtv/201006120009

17. Federalism Over Time • Dual federalism: Both national and state governments are supreme in their own spheres, which should be kept separate • Hard to make distinctions between state and federal spheres; distinctions between them were blurred • But Supreme Court has strengthened states’ rights in several recent cases.

18. The Tenth Amendment georgiafirst.org • The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectfully, or to the people. • Even though there has not been an explicit case, this has been the background source for a number of critical cases limiting the commerce clause. mediamatters.org http://eyeblast.tv/public/video.aspx?v=GdqGZuqG4z

19. Supreme Court Cases • U.S. v Lopez – Congress exceeded its commerce clause power by prohibiting guns in a school zone • U.S. v Morrison – overturned the Violence against Women Act – attacks against women are not and do not substantially affect interstate commerce mysecuritysign.com usafricaonline.com

20. State Sovereignty • The state does have some specific areas it controls: • Police Powers-local law enforcement. Most criminal laws are state not federal laws • Education-states and local governments decide most educational issues • Health & Welfare • Public Land & Water Use absoluteastronomy.com rst.gsfc.nasa.gov

21. Direct Democracy in the Sates • Different states allow different ways for the people to control Democracy • Initiative-Not in Wisconsin • Proposition-Not in Wisconsin • Referendum-In Wisconsin • Recall-In Wisconsin mccsc.edu whitecivilrights.com

22. Grants in Aid • Dramatically increased in scope in 20th century • Grants were attractive to state officials for various reasons • Required broad congressional coalitions with wide dispersion of funds, because every state had incentive to seek grant money

23. Why were grants popular? • The money was there, the federal government had, in the 1920’s, a huge surplus of money. • It had new a new source of money (The Income Tax). • The federal government could always print more money. • States could start programs without increasing state taxes. (Good Politics)

24. Why have grants become unpopular? • . During the 1960s the federal government started using grants to “encourage” states and local governments to do activities the states might not want to do. • Occasionally the federal government bypassed states and dealt directly with local governments. • By this time grants had become so important to the state and local governments that they were compelled to do activities they might not want to do just to get the money

25. Categorical Grants v. Revenue Sharing • Categorical grants for specific purposes defined by federal law; often require local matching funds • Block grants (sometimes called special revenue sharing or broad-based aid) devoted to general purposes with few restrictions—states preferred block to categorical grants • Revenue sharing (sometimes called general revenue sharing) requires no matching funds and can be spent on almost any governmental purpose

26. Federal Aid and Federal Control • Block Grants : consolidation of several categorical or project grants into one general purpose (community redevelopment • Conditions of aid: tell state governments what they must do if they wish to receive grant money • Mandates: federal rules that states or localities must obey, generally have little or nothing to do with federal aid

27. Mandates • American with Disabilities Act – required businesses, state, and local governments to provide the disabled with equal access - no clear-cut definition of what it meant or the cost to implement the program • School desegregation plans – court ordered mandates tullylegal.wordpress.com newrochelletalk.com

28. Figure 3.2: The Changing Purpose of Federal Grants to State and Local Governments

29. Federal Grants to State and Local Governments, 1984-2004

30. Common Conditions of Aid • Civil Rights • Minority Hiring's • Minority Businesses • Prevailing Wage • Environmental Issues djcoregon.com Prevailing Wage is defined as the hourly wage, usual benefits and overtime, paid to the majority of workers, laborers, and mechanics within a particular area.

31. Devolution • Devolution initiatives returned program management to the states, with some federal guidelines, but there is no guarantee of federal support • Block grants continue to fund programs • Welfare Reform Act of 1996 - AFDC (Aid to Families with Dependent Children) – welfare – turned into a state program – states set the rules for receiving aid and benefits – welfare to work programs dhhs.state.nh.us progressillinois.com

32. The Devolution Revolution • Devolution proponents harbor a deep-seated ideological mistrust of federal government and believe that state governments are more responsive to the people • Deficit politics encouraged devolution • Devolution is supported by public opinion, but the strength of that support is uncertain english.people.com.cn oregoncommentator.com

33. Congress and Federalism • Members of Congress represent conflicting constituencies • The erosion of parties increases political competition – Congressional members are free agents • Americans differ in the extent to which we like federal versus local decisions