Ch. 3 - Federalism

Six Principles of the Constitution Popular Sovereignty – People have the power in the nation Limited Government – Govt only does that which the people allow Separation of Powers – Power divided among the three branches Checks and Balances – Branches have power to stop acts of other branches Judicial Review – Courts can find acts of government unconstitutional Federalism – Power is divided between the federal & state govts

Defining Federalism Official definition of Federalism: – 2 or more levels of government have authority over the same area & people. Compared to: – Unitary govt – All power resides in a central govt – Confederation – National govt is weak, power resides in an alliance of states. Intergovernmental Relations: – Entire set of interactions among federal, state, & local govts. Includes regulations, transfers of funds, sharing of info. – No always smooth process.

Why is federalism so important? Decentralizes our politics: – More local control of elections; more participation; more decisions made at state & local level; lessens national conflict Decentralizes our policies: – Most moral, social, & family policies decided at state level. Constitution doesn’t allow Congress to make these laws. – Can be bypassed via Courts. – States tend to be policy innovators. Come up with new ideas that flow to other states & to federal govt.

The Constitution’s Distribution of Powers Delegated – Powers specifically granted to Constitution – Ex - Reserved – Powers only state govts have – Ex - Concurrent – Powers both fed & state govts have – Ex - Denied – Powers fed, states, or both can’t have

Federalism DelegatedConcurrentReserved Denied -Tax trade between states -Change state boundaries -Violate Bill of Rights Denied -Titles of Nobility -Allow slavery -Disenfranchise voters Denied -Coin money -Make treaties -Tax imports & exports

The Constitutional Basis of Federalism The 10 th Amendment creates the federal system. Fleshed out by the Supremacy Clause – Article VI, Clause II – Federal law is supreme to state law. Includes Constitution, Constitutional laws of Congress, treaties 10 th Am. does not allow federal govt to ursurp rights of states. There is a specific division.

Establishing national supremacy – Enumerated Powers Powers specifically addressed in Constitution – Implied Powers Powers of fed govt that go beyond those enumerated in Constitution. Created due to Necessary & Proper Clause. – Also called the Elastic Clause – Article III, Section 8 – Allows Congress to pass laws necessary to achieve enumerated goals. – Inherent Powers Powers traditional to all governments.

Federal govt has had to assert Supremacy Clause many times. – McCulloch v. Maryland States can’t tax fed govt, fed is supreme Commerce Power – One of the strongest expressed/implied powers. – Congress has power to regulate interstate commerce. Means virtually all economic activity, including communication. Established by Gibbons v. Ogden (1824) Civil War – A war over Supremacy Clause & 10 th Am. Civil Rights – Brown v. Board of Education (1954) States didn’t want to desegregate, military forced it.

States’ Obligations to each other: – Full Faith & Credit Article IV, Sec. 1 States must recognize other states’ public acts, records, judicial proceedings. Ex - – Privileges & Immunities Article IV, Sec. 2 Citizen of one state receives that same privileges as citizens in other states. Ex - – Extradition Fugitive from justice in a state must be returned to where crime was committed. County to county – Common State to state – Common Nation to nation – if we have an extradition treaty with them

Intergovernmental Relations Today Dual Federalism: – Federal govt and state govts are supreme in their own spheres. – Like a 2-layer cake. – Narrowly interprets powers of federal govt. – Greatly reduced in modern era. Cooperative Federalism: – Federal and state govts share powers & policy assignments. – Like a marble cake. – Share costs, responsibilities, & administration. – States follow federal guidelines.

Fiscal Federalism: – Pattern of spending, taxing, & providing grants in the federal system. States can influence fed govt through elections, but fed govt has great power through grants ($$$$$$). The Grant System – Categorical Grants: Used only for specific purposes or categories of state & local spending. Main source of Grants Two types: – Project Grants: » Awarded on basis of competitive applications. Research grants – Formula Grants: » Distributed based on a formula. Population, per capita income, etc

– Block Grants: Given to state or community; have broad choices in deciding how to spend. Grants are given to everyone, with lobbyists pulling in larger shares for their cities/states. – About $600 Billion in grants given a year. – Based on concept of universalism – something for everyone.

Many/most grants are subject to mandates: – Direct state/local govt to provide additional services as a condition of the grant. – Penalties if conditions not followed. Have to give some money back or less next year. Some grants and laws create unfunded mandates. – Govt sets rules or conditions, doesn’t give $$ to implement. – Ex – No Child Left Behind Act says improve school performance, gives very little $$ to help make it happen.