Federalism Federalism is the division of powers between a national or central government and a regional or state government. The U.S. Constitution provides for a federal system of government. In a federal system the people do not delegate, or give, all power to one central government. Instead, they delegate some power to the federal government, some to their state governments, some to both. Federalism is a system of government in which power is shared between a central Federal government and the state governments. Some powers belong to the federal government, others to the state governments, and other powers are shared. In this type of system, Americans must obey both federal and state laws.

Federalism Delegated, Express or Enumerated Powers: Powers that belong only to the Federal government. power to create post offices control interstate and foreign trade regulating trade with other countries and among the states declare and conduct war provides for the country’s defense create a national currency passing laws Handling foreign affairs,, coins and prints money admits new sates governs US territories regulates immigration Reserved Powers: Powers that are reserved to the states. power to conduct elections regulate trade within the state establish local governments establish public school systems regulate marriage pass criminal laws Concurrent Powers: Powers that the federal government and the state governments exercise at the same time. power to tax citizens and businesses enforce laws establish courts create banks

Federalism Federalism has evolved over the course of American history. At different points in time, the balance and boundaries between the federal government and state government have changed substantially. There are three distinct periods in the evolution of federalism: Dual Federalism (1789 – 1945) Cooperative Federalism (1945-1969) New Federalism (1969 – Present)

Dual Federalism – Layer Cake There are two distinct and separate levels of government. The federal government deals only with national issues (defense, foreign policy, commerce, mail) The state governments deal with local matters (economic regulation, criminal law, services) Each level of government is supreme in its own sphere and the two should be kept separate (like the layers of a cake).

Cooperative Federalism – Marble Cake Over the past 60 years federal and state authority have become more intertwined or mixed together like the layers in a marble cake. State and local governments now administer many federal programs. (head start, welfare medicare, medicaid, and social security) States depend on federal funds to support their own programs.

Federalism in Practice Money plays a key role in the federal government’s relationship to the states. Since the Great Depression and the New Deal states have come to rely even more on this money and the federal government relies on states to administer its programs. This practice is called fiscal federalism.

Grants-in-Aid Refers to the federal government giving money to the states for a particular purpose. There are two general types: Block Grants: money given for a fairly broad purpose with few strings attached. Categorical Grants: Money given for a specific purpose that comes with restrictions concerning how the money should be spent (strings attached).

Strings Attached Refers to the tactics used by the federal government to compel the states to follow its policies and guidelines. Applying Pressure: Threats to withhold funds from disobedient states (drinking age fight in mid-1980’s). Mandates: Federal government (Congress) orders states to take certain actions (obey laws). If states don’t take those actions they don’t receive funding. Unfunded Mandates: Congress orders states to take certain actions (obey laws) but provides no funding (Americans with Disabilities Act). Preemption: Because of the Supremacy Clause federal laws take priority over state laws. The national government can override state laws if there is a compelling national interest.

New Federalism - Cupcakes Since the early 1970’s some have argued that the federal government has grown too powerful and that power should be given back to the states. Although there is disagreement on the details, most support the general principle of giving power to the states. This means decreasing reliance on federal funding and restrictions or conditions on federal grants. So that states can individually choose how to spend and administer federal funding and programs.

Devolution Process in which states are given power and responsibility for some programs initiated by the federal government. Aid to Families with Dependent Children (AFDC) is funded by the federal government but the states have the power to decide exactly how to distribute the benefits in their states. This idea is championed most by conservatives who rail against “big government”.