How the FEDERAL GOV and the sTATES get along Federalism How the FEDERAL GOV and the sTATES get along

What is Federalism? Federalism – Two or more governments exercise power and authority over the same people in the same territory. OR… the SHARED relationship between the federal government and the state governments How do we as individuals fit into this idea?

Defends the Constitution Explains why a strong gov’t is necessary Federalist #51 Defends the Constitution Explains why a strong gov’t is necessary “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.” Defends separation of powers between state and national gov’t

Powers Delegated Powers (enumerated powers) – powers given to Fed gov’t by Constitution Reserved Powers – state power alone Concurrent Powers – shared Prohibited Powers – denied from both Ex. Neither gov’t can tax exports

Why is Federalism So Important? 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.

Federalism is good Living under 2 governments is great… Built on compromise, promotes unity Gov’t duties can be split up Brings gov’t closer to people Allows for state gov’t to address issues in unique regions of the country Allows states to experiment with policy before enacting it at the federal level – Ex. Vermont’s free health care for children

Federalism is bad Living under 2 governments is bad… States can impede progress of Nation States are unequal States have different policy Easier for states to be dominated by interest groups

OLD SCHOOL – Dual Federalism 2 Federalisms? OLD SCHOOL – Dual Federalism Federal and state governments remain dominant in their separate spheres of influence NEW SCHOOL – Cooperative Federalism State and Federal governments work together to solve complex problems

Cooperative Federalism – Marble Cake 2 Federalisms TWO METAPHORS… Dual Federalism – Layer Cake Federal State Cooperative Federalism – Marble Cake

Intergovernmental Relations Today 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

Intergovernmental Relations Today Cooperative 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

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. Block Grants: Federal grants given more or less automatically to support broad programs. Grants are given to states & local governments

Grants-in-Aid types Money paid from one level of government to another to be spent for a specific purpose Categorical Grants - target specific purposes and “strings attached.” (States receive funds if they raised age to 21 and lowered BAC to .08) Gives more power to national government and reduces power of state leadership Block Grants – given for broad, general purposes and allow more discretion on how the money is spent (ex. Welfare reform) This gives more power to state governments to decide how money is spent**

Devolution Definition: Devolution is the return of power to the state governments A movement spearheaded by conservative leaders from the 1980’s onwards Picking up more movement since 2010 republican control of Congress and 2016 election Idea is fueled by distrust of the federal government and the desire to save money by reducing the size of the “bloated federal government”

Devolution Example Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Eliminated welfare and transferred the money to states as block grants States received wide latitude on how to administer “workfare” but with the knowledge that Congress was counting on anti-poverty spending” Strings attached: head of family must work or lose benefit; lifetime benefits limited to 5 years; unmarried mother < 18 only receive $ if stay in school and live with adult; immigrants ineligible for 5 years

Quiz Review What is Federalism? Categorical Grants: Pro/Con Identify Dual/Cooperative Devolution Categorical Grants: Pro/Con General Examples Block Grant: Pro/Con What is the purpose of the Necessary Proper and Commerce Clause NO SUPREME COURT CASES ON QUIZ!

Mandates A requirement that a state undertake an activity or provide a service Most apply to Civil Rights and the Environment Often times the states or local gov’ts have to pay the bill of the mandate set by Congress

Mandates 1986 – Asbestos Emergency Response Act, Handicapped Children’s Protection Act 1988 – Drug-free Workplace Acts, Ocean Dumping Ban Act 1990 – Clean Air Act EX – Columbus, OH spends 23% of the city budget trying to meet environmental mandates (including testing for pesticides used on rice and pineapple) EX – Public schools have to use Internet filtering or schools lose e-rate subsidies

17% 23% 60% 47% 30% 64% 19% 66% 15% Change in Spending 1929 1939 1960 Shift towards Federal Gov’t Spending Federal State Local (City) 1929 17% 23% 60% 1939 47% 30% 1960 64% 19% 1997 66% 15%

What did the Supreme Court determine in McCulloch v. Maryland? To carry out its economic power, Congress may reasonably decide to create a national bank The necessary and proper clause enables Congress to take actions not specifically listed in the Constitution States have the right to tax all economic activity within their borders

Elastic Clause Aka – “Necessary and Proper Clause” Art. I, Sec. 8, Cl. 18 - "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers

McCulloch v. Maryland (1819) Background Bank of the US operated in Maryland Maryland did not want BoUS to operate in state, competition unwanted, unfair Maryland taxed the bank to put it out of business McCulloch, BoUS employee, refused to pay the state tax

McCulloch v. Maryland (1819) Is a Bank of the US Constitutional? YES. The national gov’t has certain implied powers that go beyond delegated powers. US needs a national bank for borrowing, lending, holding minted money, etc. All of which are delegated powers.

McCulloch v. Maryland (1819) Can a state tax the federal gov’t? -NO. The federal gov’t is supreme. Since the BoUS is constitutional, only the feds may tax it. -John Marshall reaffirmed Supremacy Clause and Necessary and Proper Clause- National government gets STRONGER

Commerce clause Art. I, Sec. 8, Cl. 3 – ‘The Congress shall have power - To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” Congress has used the elastic clause to stretch this power What is commerce? “Buying and selling of goods and services.” Congress given the power to regulate commerce between foreign countries and US as well as state to state… they control business law.

Gibbons v. Ogden (1824) 1824 – aka “The Steamboat Case” Ogden received a state licensed monopoly to run a ferry across the Hudson River Gibbons also saw the potential of the traffic between NJ and NY and obtained a federal license. Ogden sued saying he had the valid state license, even though Gibbons had US license

Gibbons v. Ogden (1824) Result – Gibbons wins Expanded national power in all areas of commerce law because nation overruled state in interstate trade issues (national gov. for the most part cannot touch INTRASTATE) Fed Gov’t gets STRONGER All trade today is primarily controlled by national law https://www.youtube.com/watch?v=kKUpRFAi4vA&list=PLpsPOckq7pfqvcuvy8v9dJlZ- hWvXLKSq

Commerce Clause Who cares? Why is it important? Gibbons v. Ogden ruling makes a loop hole giving Congress power to take control over any issue involving the movement of people, or things Fed gov’t power increased

United States v. Lopez (1995) Research U.S. v. Lopez After reading background history, what is your answer to the question, “Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause?” Listen to the reading of the opinion of U.S. v. Lopez. http://www.oyez.org/cases/1990-1999/1994/1994_93_1260 After listening to the reading, did your position change? Why or Why not?

United States v. Lopez (1995) 1995 – “Gun Free School Zone” law banned possession of a firearm within 1000 feet of a school, 12th grader Lopez carried a gun on to the property Declared law unconstitutional – “nothing to do with commerce” – carrying a weapon through a school zone is too much of a stretch for “commerce” LIMITED National government power