Federalism in America Ch. 4

What is it and why does It matter In America, power is divided between the national and state governments. Each has the primary responsibility for some areas (licensing, education, vs. defense, trade), and there are also concurrent powers (taxes, law enforcement, transportation) that both are responsible for.

What is it and why does it matter Other types of governments exists around the world: Unitary governments: the national government holds supreme power. These are most common. Confederal governments: states share power, and hold more power than a limited national government.

Balance Under the Constitution Founders wanted a stronger national government than under the articles, but wanted to maintain a degree of autonomy for states. Wanted security and a stable economy. Commerce Clause, Necessary and Proper Clause, Supremacy Clause. States’ powers are protected – Electoral College, Amendment Process, 10th and 11th Amendments reserve powers not delegated for the states, and allow you to only sue your own state.

Balance under the Constitution Clauses that favor both sides: Full Faith and Credit Clause require states to honor other states’ laws. For example, marriages. Privileges and Immunities Clause require states to treat non-residents the same as state residents. Meant to promote commerce and travel.

Evolving Concept of Federalism Early Years. The National Government reigns supreme. Gibbons v. Ogden, McCulloch v. Maryland, protect and promote the national government’s authority in the states. Counter to this was the southern states’ assertion of, “states’ rights,” leading to civil war in the 1860s.

Evolving Concept of Federalism Dual Federalism. National power was limited, beginning with the Taney Court. National government and state governments are seen as distinct entities providing separate services. Barron v. Baltimore, and Dred Scott v. Sanford, along with a series of cases in the 19th and early 20th centuries that set clear boundaries between inter-state and intra-state commerce.

Evolving Concept of Federalism Cooperative Federalism. The national and state governments work together to provide services more or less efficiently. During the Progressive Era and under the New Deal the national government began to do things that had previously only been seen as the responsibility of the states (public works projects, education, entitlement programs). Now, the states and national government have, to a large degree, figured out how to do cooperative federalism correctly. Coordination is more likely to be within a policy area (education) than across them.

Evolving concept of federalism

Federalism As We Know It Today Fiscal Federalism. Through grants, the national government exercises a kind of federalism where cash (and thus power) is given to states. Categorical grants (project and formula) give the states money, but less discretion. Block grants give the states money, and wider discretion. Revenue sharing, during the 70’s and 80’s, gave the states great discretion, but were difficult to get political support for.

Federalism as we know it today New Federalism. Beginning under Nixon and continuing under Reagan, New Federalism was an attempt to shift power towards the states by consolidating categorical grants into large block grants (welfare). They believed that the state and local governments were closer to the people and would know better how to spend the money. Under Clinton, the Congress made it harder to impose unfunded mandates.

Federalism as we know it today Coercive Federalism. The national government has more recently begun to impose its will on the states by attaching conditions to cash (drinking age, speed limits). The States Fight Back. States have begun to take matters into their own hands over issues that ought to be national ones, but the national government doesn’t address (climate change, pollution.) By adopting policies such as these, states hope to attract people, jobs, and tourism to their states. The Incredible Shrinking 10th Amendment

The Incredible Shrinking 10th Amendment.pptx