Federalism

1. Federalism Chapter 3

2. DEFINING FEDERALISM • What is Federalism? • Definition: A way of organizing a nation so that two or more levels of government have formal authority over the land and people. • Intergovernmental Relations - • Definition: The workings of the federal system- the entire set of interactions among national, state and local governments.

3. FEDERALISM CLARIFIED? • In Federalism • The same people and territory are included in both levels of government; • The nation’s constitution protects units at each level of government from encroachment by the other units; • And, each unit is in a position to exert some leverage over the other. • In American Federalism, 5 separate levels of government • National • State • County • Municipal, townships, and towns • School districts, special taxing districts.

4. UNDERSTANDING FEDERALISM

5. FEDERALISM V. UNITARY GOVERNMENT

7. DEFINING FEDERALISM • Why is Federalism So Important? • Decentralizes our politics • More opportunities to participate • Decentralizes our policies • Which government should take care of which problem? • States can solve the same problem in different ways.

8. THE CONSTITUTIONAL BASIS OF FEDERALISM • The Division of Power • Supremacy Clause • The U.S. Constitution • Laws of Congress • Treaties • State Constitutions • State Laws

9. THE CONSTITUTIONAL BASIS OF FEDERALISM

10. THREE SIGNIFICANT SUPREME COURT CASES • McCulloch v. Maryland • Could Congress charter a national bank? • Could states tax the national bank? • Gibbons v. Ogden (1824) • Heart of Atlanta Motel v. US, technically not a federalism case

11. THE CONSTITUTIONAL BASIS OF FEDERALISM • States’ Obligations to Each Other • Full Faith and Credit • Article IV, Section 1: Requires each state to recognize official documents and civil judgments rendered by courts of other states • Extradition • Alleged criminal offender is surrendered to officials where crime is alleged to have been committed • Privileges and Immunities • Article IV, Section 2: Citizens of each state have most of the privileges of citizens of other states

12. INTERGOVERNMENTAL RELATIONS YESTERDAY • Dual Federalism • Definition: A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. • Like a layer cake • Ended in the 1930’s

13. INTERGOVERNMENTAL RELATIONS TODAY • Cooperative [Shared] Federalism • Definition: A system of government in which powers and policy assignments are shared between states and the national government. • Shared costs • Shared administration • States follow federal guidelines

14. INTERGOVERNMENTAL RELATIONS TODAY • Fiscal Federalism continued • The Grant System: Distributing the Federal Pie • Categorical Grants: Federal grants that can be used for specific purposes. They have strings attached. • REFER TO HANDOUT FISCAL FEDERALISM AT END OF POWER POINT NOTES HANDOUT

15. Two Historical Transfers of PowerTWO “NATIONALIZATIONS” • FDR and The New Deal [1930’s] Comprehensive sets of economic regulations and relief programs intended to fight the Great Depression Took two basic forms-regulation and finance of state actions. Funding of program Examples of programs Works Progress Administration Civilian Conservation Corps Social Security Authority to do so found where?

16. LBJ ANDTHE GREAT SOCIETY [1960’S] • LBJ’s two wars: • Vietnam • War on Poverty • Categorical grants • Subsidized state programs that concurred with national goals. • Grants--- ‘ strings attached’.

17. WHY NATIONALIZATON? • Probability of more sympathetic treatment in Washington AND ACCESS TO MEDIA • Easier to lobby one place that fifty state governments. • EXAMPLES OF ‘NATIONALIZATION’ • GUN CONTROL • HAZARDOUS WASTE DISPOSAL • SPECIAL EDUCATION PROGRAMS • MADD AND NATIONAL DRINKING AGE • ENVIRONMENTAL ISSUES • REVERSE OF NATIONALIZATION • ROE V. WADE 1973 [HANDOUT page 87] • SEE HANDOUT: STATES AND ABORTION RESTRICTIONS

20. Intergovernmental Relations Today • Fiscal Federalism • Definition: The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments. Figure 3.2

21. INTERGOVERNMENTAL RELATIONS TODAY • Fiscal Federalism continued • The Scramble for Federal Dollars • $400 billion in grants every year • 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 are requirements on state & local governments - but no money

22. Advantages for Democracy Increasing access to government Local problems can be solved locally Hard for political parties / 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 - too much money UNDERSTANDING FEDERALISM

23. AND THEN • THE LOPEZ CASE 1995 Supreme Court decision Challenged a federal law “Gun-Free School Zone Act of 1990. Basis for law was Commerce Clause. Vote was 5-4 [Kennedy and O’Connor] Encroached too much on state sovereignty An attempt to limit ‘private conduct’ Did not make broad based statement about any other federal laws that might ‘encroach’ like the Clean Water Act

24. AND THEN • The Printz and Mack Cases – 1997 • Challenged the Brady Law [background checks by local sheriffs required to own a gun] Supreme Court said violation of Commerce Act

25. AND THEN • US v. Morrison -2000 • Supreme Court overturned the 1994 Violence Against Women Act • Court stated that gender crimes did not equal a “Commerce” issue”