Federalism

1. Federalism Objectives: Identify ways Constitution determines the powers of state & national governments Understand the relationship of implied powers to enumerated powers. Compare the contrasting forms of dual & cooperative federalism. Bell Ringer: Gibbons v Ogden handout Homework: Chapter 3 Overview due next class Reading Quiz Unit 1 Test Friday (A) and Monday (B)

2. Federalism Objectives: Identify ways Constitution determines the powers of state & national governments Understand the relationship of implied powers to enumerated powers. Compare the contrasting forms of dual & cooperative federalism. Bell Ringer: Imagine that you are a state official in charge of creating a program designed to reduce high school dropout rates. Also assume that you want to have as much freedom in the process as possible. In order to finance your program, however, you require the assistance through federal grants. Using your knowledge of the different types of grants available from the federal government (categorical, block, etc.), which type would you prefer to receive for your program, and why? Homework: Unit 1 test next class Supreme Court cases – McCulloch and Gibbons packet Unit 1 essay due Thursday (A) and Friday (B)

3. What is Federalism A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states). • A system where national and state governments • each have defined powers, with some being • shared by both and some being denied to both.

4. Examples Unitary: Britain, Israel Confederate: Canada, European Union Federal: United States, Germany, Mexico Defining Federalism

5. Decentralizes our politics • More opportunities to participate Decentralizes our policies • Federal and state governments handle different problems. • States regulate drinking ages, marriage, and speed limits. • States can solve the same problem in different ways and tend to be policy innovators. Why Is Federalism So Important?

6. Federalism & the Constitution The Federal Government has expressed powers specifically granted in the Constitution (tax, regulate commerce, declare war, etc.) The U.S. Constitution is the supreme law of the land (National Supremacy Clause) The 10th Amendment reserves powers to the states (ex: education, law enforcement, etc.) The Federal Government has implied powers from the necessary & proper clause or “elastic clause” (ex: create a national bank)

7. The Division of Power • Supremacy Clause: Article VI of the Constitution states the following are supreme: • The U.S. Constitution • Laws of Congress • Treaties • Yet, national government cannot usurp state powers. • Tenth Amendment The Constitutional Basis of Federalism

8. Establishing National Supremacy • Implied and enumerated powers • McCulloch v. Maryland (1819) • Commerce Powers • Gibbons v. Ogden (1824) • The Civil War (1861-1865) • The Struggle for Racial Equality • Brown v. Board of Education (1954) The Constitutional Basis of Federalism

9. Powers Reserved to the States • The 10th Amendment declares that States are governments of reserved powers. • The reserved powers are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States. The States

10. States’ Obligations to Each Other • Full Faith and Credit: Each state must recognize official documents and judgments rendered by other states. (Article IV, Section I) • Privileges and Immunities: Citizens of each state have privileges of citizens of other states. (Article IV, Section 2) • Extradition: States must return a person charged with a crime in another state to that state for punishment. The Constitutional Basis of Federalism

11. Exclusive or enumerated Powers Powers that can be exercised by the National Government alone are known as the exclusive powers. Examples of the exclusive powers are the National Government’s power to coin money, to make treaties with foreign states, and to lay duties (taxes) on imports. Concurrent Powers Powers that both the National Government and the States possess and exercise. Some of the concurrent powers include the power to levy and collect taxes, to define crimes and set punishments for them, and to claim private property for public use. The Exclusive and Concurrent Powers

12. Government Powers

13. Conflicts between the state and national governments arise in concurrently held powers

14. Denied Powers

15. Dual Federalism 1787 – 1930s “Layer cake” federalism Each level of government has clear and distinct roles to carry out. It’s the same cake, but each layer’s different. History of Federalism

16. Cooperative Federalism Since the1930s “Marble cake” federalism Each level of government has roles to carry out, but... Shared costs and administration Lots of overlap between roles to be carried out. The flavors in the cake are all mixed up! History of Federalism

17. Fiscal Federalism • The Grant System: Distributing the Federal Pie • Categorical Grants: federal grants that can be used for specific purposes; grants with strings attached • Project Grants: based on merit • Formula Grants: amount varies based on formulas • Block Grants: federal grants given more or less automatically to support broad programs • Grants are given to states and local governments. Intergovernmental Relations Today

18. Fiscal Federalism (continued) • The Scramble for Federal Dollars • $460 billion in grants every year • Grant distribution follows universalism—a little something for everybody. • The Mandate Blues • Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant. • Unfunded mandates: have to comply but no money given to make it happen Intergovernmental Relations Today

19. Advantages for Democracy Increases access to government Local problems can be solved locally Hard for political parties or interest groups to dominate all politics Disadvantages for Democracy States have different levels of service Local interest can counteract national interests Too many levels of government and too much money Understanding Federalism

20. Understanding Federalism

21. Understanding Federalism

22. Federalism and the Scope of Government • What should the scope of national government be relative to the states? • National power increased with industrialization, expansion of individual rights, and social services. • Most problems require resources afforded to the national, not state governments. Understanding Federalism

23. Understanding Federalism

24. American federalism is a governmental system in which power is shared between a central government and the 50 state governments. • The United States has moved from dual to cooperative federalism; fiscal federalism. • Federalism leads to both advantages and disadvantages to democracy. Summary