Federalism! Chapter 3

The term Federalism is not found in the constitution. Federalism – way of organizing a nation so that two or more levels of government have formal authority over the same land and people (ex. State versus national government) WHY WOULD WE WANT THIS?

We’re Unique! (sorta) Federalist Governments Argentina Australia Austria Brazil Canada Germany India Malaysia Mexico Switzerland United States Unitary Governments Everybody else.

Federalism Advantages – Keeps government close to people – Aids large countries with large population and/or diversity – Accommodates already existing states govts – Avoids concentration of national power Disadvantages – Complex – many govts to deal with – Duplication of offices and functions – Conflicts of authority

Power is divided Expressed (enumerated) – powers specifically given to the national government – Coin and print money – Declare war – Power to regulate interstate and international commerce

Role of Congress in “commerce” Gibbons v. Ogden – Commerce includes every form of commercial activity Movement of goods, radio signals, telephone messages, internet, insurance transactions, etc.

What about implied powers? 10 th Amendment : national govt only has those powers given to it by the constitution

Challenge to national government’s powers McCulloch v. Maryland – – National bank was established – state of Maryland taxed it – The Result?

Result of McCulloch v. Maryland 1. National supremacy clause interpreted: – National government is SUPREME – we must follow it FIRST 2. Necessary and proper (elastic) clause interpreted: - Congress has implied powers (national powers inferred from the constitution)

Power is divided Expressed (enumerated) – powers specifically given to the national government – Coin and print money – Declare war Implied – national powers inferred from the constitution – Elastic clause Inherent – powers that exist for the national government because the national govt is sovereign – Power to enforce laws

Power is divided Concurrent – both national and state government powers – Levy taxes – Spend money on welfare – Establish courts – Enact and enforce laws Concurrent – both national and state government powers – Levy taxes – Spend money on welfare – Establish courts – Enact and enforce laws

Power is divided Reserved powers – powers belonging specifically to the state – They weren’t given to the national government (expressed), nor denied to the states Establish local governments Administer elections Establish licensing requirements for certain regulated professions Establish local school systems

Constitution addresses interstate relations too…. Full faith and credit clause: states must recognize laws and legal documents of other states (birth certificates, marriage licenses, drivers’ licenses, wills) Privileges and immunity clause: states are prohibited from unreasonably discriminating against residents of other states – Nonresidents can travel through states, buy & sell property, enter into contracts – Does not apply to political rights, or the right to practice regulated professions

Interstate relations Extradition – states may return fugitives to a state from which they have fled Interstate compacts – states may make agreements to work together to solve regional problems

Federalism Part II

Describe: – Layered Cake – Marbled Cake:

Layered Cake vs. Marble Cake Where does Federal government end and State begin? Growth of cooperative federalism v. dual federalism because federal government began to subsidize state and local activities in hopes of encouraging national goals

Intergovernmental Relations Today Shared Administration : Though programs must adhere to basic federal guidelines, they are administered according to the state’s directives. Shared costs: To receive federal aid, states must pay for part of a program. Federal guidelines: To receive funding, state programs must follow federal rules and regulations.

Many states advocate for DEVOLUTION Devolution: gives power & responsibilities back to state and local governments – Why? Distrust for big govt Cut spending on useless programs

Fiscal Federalism Pattern of spending, taxing, and providing grants in the federal system.

Grants-in-aid Federal funds allocated to states and local government – Supply funds, and influence states by stipulating programs and goals that the federal government wants to achieve

I. Grants-in-aid – Categorical Grants Project grants Formula grants – Block Grants

Categorical grants: Can only be used for specific purpose or categories of state and local spending Will almost always have: – Nondiscrimination provision: aid may not bused for purposes that discriminate against minorities, women, other groups If involving construction will often have: – Labor provision: federal funds may not support construction projects that pay below the local union wage

Cat. Grants cont. Crossover sanctions (also called conditions of aid): using federal dollars in one program to influence policy in another – Withholding of highway funds if you don’t raise the drinking age to 21 Crosscutting requirements: condition on one federal grant is extended to all activities supported by federal funds – If you violate the Civil Rights Act, you lose ALL money

2 Categorical grant types Project grants: awarded based on competitive applications (NSF) Block grants: distributed according to a formula (population, per capita income, % of rural population, etc.)

2 nd Grant-in-aid Block Grant: large amount of money given for a general purpose (public health, crime control). Allows more discretionary spending UNCOMMON: – Less $$ available – Too many strings attached – Not a matter of life or death for the state

Mandates Formal order given by the federal govt – state and local govts have to implement certain programs. – Usually UNFUNDED – Can be VAGUE (what is equal access? What is a disability?) – ADA, NCLB, Clean Air Act