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Federalism

Federalism. Chapter 3. What is Federalism?. A way to organize a nation so that 2 or more levels of government have formal authority over the same land and people. A system of shared power between units of government Only 11 of 190 countries have federal systems

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Federalism

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  1. Federalism Chapter 3

  2. What is Federalism? • A way to organize a nation so that 2 or more levels of government have formal authority over the same land and people. • A system of shared power between units of government • Only 11 of 190 countries have federal systems • Most govts in the world are Unitary Govts • All power rests with the central govt • See table 3.1 in Lineberry (pg. 67)

  3. Why is federalism important? • Decentralizes our politics • More layers of govt, increased political participation, more opportunities for all to have public policy demands met • Decentralizes our policies • Long history of tension between states and national govt about policy

  4. The Constitution and Federalism • When there is a disagreement between the national and state government, who prevails? • Clarified by Article VI of the Constitution = Known as the Supremacy Clause • Constitution, national laws, and treaties take precedence over state laws • Where does the national govts power end? • Tenth Amendment – powers not delegated to the US not prohibited by the states are reserved to the states or the people. • See table 3.2 in Lineberry (pg. 71)

  5. The Constitution and Federalism • Why does the national govt appear to have gained power relative to the states? • Implied Powers ( McCulloch v. Maryland) • The Court held that the power to create a national bank was supported by the Elastic Clause, but that states did not have the power to tax a national bank as that would put state law above federal law. • Constitution was meant to permit Congress to use all means “necessary and proper” to fulfill its responsibilities (elastic clause) • Supremacy of the natl. govt. over the states • Natl. govt. has certain implied powers that go beyond its enumerated powers • Enumerated powers v. Implied powers

  6. The Constitution and Federalism • Commerce Power ( Gibbons v. Ogden) “commerce clause that allowed the federal government to regulate commerce, in this case trade, wherever it might be, including within the borders of a state” • The Supreme Court defined commerce very broadly to be almost every form of commercial activity • Civil War • a struggle of states rights, and settled what McCulloch v. Maryland said (militarily) • Racial Equality (Brown v. Board of Ed) • School Segregation is unconstitutional. States resisted desegregation and state v. natl. govt. on equality issues decided by the natl. govt.

  7. States responsibilities to each other • Full faith and Credit • Article IV, Section I, states must recognize all official documents and civil judgments from other states. • Extradition • In criminal situations, a state must surrender a criminal to the state in which they have been accused of a crime • Privileges and Immunities • Article IV, Section II, states must provide citizens of other states same privileges and immunities

  8. Dual v. Cooperative Federalism • Dual = national and state govt.’s remain supreme within their own sphere, each responsible for some policies (i.e. “layered cake, states cannot make treaties) • Cooperative = power and policy assignments are shared between the state and natl. govt. (i.e. marble cake, income tax)

  9. What is Fiscal Federalism • Pattern of spending, taxing, and providing grants in the federal system • Categorical Grants - it is given with strict conditions -- that is, it must be used for a specified purpose by the states (i.e. Food Stamps) • Project Grants – disease/ medical research • Formula Grants - Congress gives each state a proportion of the grant that is determined by plugging the state's characteristics into a formula that is specific to the grant. (state’s demographics) • Block Grants - give money to state governments from Congress, but they do not have as many specifications for the use of the funds • Mandates come with grants

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