Federalism

What is it? Two or more governments exercise power and authority over the same people in the same territory. Some powers belong exclusively to one branch or the other, while other powers are shared.

American Federalism Provides answer to the tension between federal and state power Offers a solution to citizen’s fears that they will be ruled by a majority faction from afar. Compromise between confederal system and unitary system of government. A continuous struggle: What issues involve questions that are “great and aggregate” (national) and what are “local and particular” (state)?

State-Centered v Nation-Centered Federalism State-centered: favors a narrow interpretation of the powers of the national government (Antifederalists) Nation-centered: favors a strong central government, with broad powers emanating from a liberal interpretation of the necessary and proper clause (elastic clause) Since the outcome of the Civil War nation- centered federalism has seemed to win out!

Tenth Amendment v Elastic Clause Elastic Clause: Gives Congress the authority to create law necessary to carry out its explicit powers. Tenth Amendment: Reserves all powers not given to the Federal government to the states. Dual: Emphasis is on narrow interpretation of elastic clause. Emphasizes the Tenth Amendment (states’ reserve powers). Cooperative Federalism: Relies on a more broad interpretation of the elastic clause.

Dual Federalism Four Parts: 1. National government rules by enumerated powers only. 2. National government has a limited set of constitutional purposes. 3. Each government unit-nation and state- is sovereign within its sphere 4. The relationship between nation and states is best characterized by tension rather than cooperation.

Dual Federalism Layer-Cake metaphor: Functions of government separate. States have considerable power, almost equal to the national government. Emphasis is on states’ rights: Constitution is a compact among sovereign states! Emphasis is on the Tenth Amendment

Characteristic of American Federalism American federalism is a flexible dynamic system. Why? Constitution is inherently ambiguous! This means that it is interpreted by people who take into consideration their own policy goals when making decisions. Politics, not theory, plays a large part in determining the balance of power. There is a growing recognition that public problems cut across state lines and solutions must necessarily involve both levels of government.

Cooperative Federalism 1930s-present: Power and role of the federal government grew as demand for public services increased while the capacity of state governments to fund those services declined because of the Depression. Marble Cake metaphor: emphasis overlapping functions and multiple points of access to the government. 3 elements: 1.National and state agencies undertake functions jointly and not separately. 2.National and state government routinely share power. 3.Power is not concentrated at any government level or in any agency.

Cooperative Federalism How and why do government functions overlap? Issues and policy areas often cross state lines and require the resources of both state and federal government. -environmental issues -social security -health care -education

What drives changes in American federalism? 1. National Crisis and Demand- War, economic problems, and other crises change power balance between state and federal government. Crisis often = expanded legislative and executive power at the federal level Examples: Civil War, Great Depression, World War I and II, 9/11 Crisis changes the public’s perception about the proper scope of the national government’s powers.

What drives changes in American federalism? 2. Judicial Interpretation: Through its interpretation of the Constitution the courts determine the balance of power in federalism. The courts act as the umpire of the federal system, settling disputes between the two governments.

What drives changes in American federalism?  Judicial Interpretation Broadening Federal Power McCulloch v Maryland (1819) Cohens v Virginia (1821) Gibbons v Ogden (1824)  Judicial Interpretations Broadening states’ rights Dred Scott Decision (1857)

What drives changes in American federalism? Recent Court decisions have both affirmed states’ rights and also shifted power to the federal government  Bush v Gore  Lawrence and Garner v Texas Court’s role in determining the power dynamics between states and the federal government continues.

What drives changes in American federalism? 3. Expansion of Grant-In-Aids What is a grant-in-aid? Money paid by one level of government to another level of government, to be spent for a specific purpose. Why grant-in-aid? Types of Grants: a.Categorical: Very restrictive and target specific. Can be either formula grants or project grants. b.Block Grants: Not as restrictive; broad, general purposes. c.General revenue sharing: Promoted by Nixon during the 1980s, the least amount of strings! General revenue sharing is no longer used. Purpose of Grants: Redistribution of income and to remove inequalities between states. They are also used to push a broad national goal or agenda.

How does the struggle of federalism fit into the ideological spectrum? Conservatives: Tend to favor dual federalism. They tend to prefer returning power to state governments which they see as the laboratories of democracy and more in tune with their constituents.  Conservatives tend not to favor preemption, or the act of Congress taking control over a state government function, or putting restraints on state/local government to exercise their power. Liberals: Tend to favor cooperative federalism. Liberals see state governments as too willing to oppress the rights of minorities and not capable/willing to redistribute income.