Longman PoliticalScienceInteractive Magleby & Light Government by the People Chapter 3 American Federalism Copyright 2009 Pearson Education, Inc., Publishing as Longman

Debates Over the Relationship of the National Government and the States: California’s Emissions Standard Battle with the EPA Impatient with the lack of action by the national government, in 2002 California required that vehicle carbon dioxide emissions be reduced by 30 percent starting in 2009 In 2003, the EPA ruled that carbon dioxide was not a pollutant and could not be regulated California has since sued the EPA -Debate exists about who has the power to regulate. -State govts often complain that the national govt is either taking over their control or controlling too much of what they do. -Federal argument is that states are too slow to respond to citizens in areas such as civil rights, equality of opportunities, and more. - Copyright 2009 Pearson Education, Inc., Publishing as Longman

Defining Federalism Federalism Constitutional arrangement whereby power is distributed between a central government and subdivisional governments (eg., states). The national and the subdivisional governments both exercise direct authority over individuals. -Not to be confused with federalist/anti-federalist Copyright 2009 Pearson Education, Inc., Publishing as Longman

Versions of Federalism Dual Federalism Views the constitution as giving a limited list of powers to the national government, leaving the rest to sovereign states Cooperative Federalism Federalism as a cooperative system of intergovernmental relations in delivering goods and services to the people Competitive Federalism Views the levels of government as being in competition to provide packages of services and taxes Marble Cake Federalism “As the colors are mixed in a marble cake, so functions are mixed in the American federal system” Dual Federalism: clear distinction of two separate institutions Competitive Federalism: thousands of local govts. Competing against one another’s interests Marble Cake: mixed set of responsibilities engaging all levels of govt Copyright 2009 Pearson Education, Inc., Publishing as Longman

Versions of Federalism Permissive Federalism Powers are shared, but state power rests upon the permission and permissiveness of the national government “New Federalism” Presumes that the power of the federal government is limited in favor of the broad powers reserved to the states Permissive: sharing power and authority between the national and state govt, but state gets permission from natl’ govt. New Federalism: developed during Raegan era. Federal power limited in favor of broad powers of the states. Copyright 2009 Pearson Education, Inc., Publishing as Longman

Alternatives to Federalism Unitary system: all power vested in the national govt. (China) Confederation: Loosely organized federal government (Articles of Conf.) Copyright 2009 Pearson Education, Inc., Publishing as Longman

Federalism and Confederation Copyright 2009 Pearson Education, Inc., Publishing as Longman

Why Federalism? Limit tyranny Training for national officials Unity without uniformity Encourage policy experimentation Training for national officials More arenas for public participation -unity w/o uniformity: politicians and parties don’t have to iron out every divisive issue. Can be handled by states. -Experementation: “laboratories of democracy” If programs succeed in one state, they can be adopted by others. -Training for national officials: governors gaining executive experience to run for president. -Arenas for public participation: makes govt closer to the people. Copyright 2009 Pearson Education, Inc., Publishing as Longman

Powers of State and National Government Copyright 2009 Pearson Education, Inc., Publishing as Longman

Powers of the National Government Delegated powers Implied powers Necessary and proper clause Express powers Inherent powers Copyright 2009 Pearson Education, Inc., Publishing as Longman

Constitutional Pillars Enabling National Government Expansion National supremacy article Preemption War power Power to tax and spend Federal mandates Power to regulate interstate and foreign commerce Commerce clause Gibbons v. Ogden United States v. Lopez Gonzales v. Raich Copyright 2009 Pearson Education, Inc., Publishing as Longman

Powers of the States Reserve powers Concurrent powers Copyright 2009 Pearson Education, Inc., Publishing as Longman

Number of Governments in the United States Copyright 2009 Pearson Education, Inc., Publishing as Longman

Full faith and credit clause Interstate privileges and immunities Interstate Relations Full faith and credit clause Interstate privileges and immunities Extradition Interstate compacts Copyright 2009 Pearson Education, Inc., Publishing as Longman

The Federal Courts and Federalism: McCulloch v. Maryland (1819) Doctrine of Implied National Powers “Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.” “The power to tax involves the power to destroy…If the right of the States to tax the means employed by the general government be conceded, the declaration that the constitution, and the laws made in pursuance thereof, shall be the supreme law of the land, is empty and unmeaning declamation.” Doctrine of National Supremacy Copyright 2009 Pearson Education, Inc., Publishing as Longman

The Great Debate: Centralists versus Decentralists Centralism Supporters: Chief Justice John Marshall, Presidents Abraham Lincoln, Theodore Roosevelt, and Franklin Roosevelt, and the Supreme Court for most of its history Position: The central government should be denied authority only when the Constitution clearly prohibits it from acting Decentralism Supporters: Anti-Federalists, Thomas Jefferson, Supreme Court from 1920s to 1937, and Presidents Ronald Reagan and George W. Bush Position: Views the Constitution as a compact among states that gives the central government very little authority Copyright 2009 Pearson Education, Inc., Publishing as Longman

The Supreme Court and the Role of Congress Beginning in 1995, justices interested in granting more deference to state authority gained a slim five-to-four majority in the Supreme Court The Constitutional Counterrevolution A return to an older version of federalism not embraced since the constitutional crisis over the New Deal in the 1930s Copyright 2009 Pearson Education, Inc., Publishing as Longman

Regulatory Federalism FEDERAL GRANTS: Supply state and local governments with revenue Establish minimum national standards (eg., highways, clean air) Equalize resources among the states Attack national problems, yet minimize the growth of federal agencies Copyright 2009 Pearson Education, Inc., Publishing as Longman

Types of Federal Grants In 1996 there was a shift from categorical grants to block grants 2 types of categorical grants: Formula grants Project grants Block grants Far more flexible Purposes of Federal Grants to State and Local Governments Copyright 2009 Pearson Education, Inc., Publishing as Longman

The Politics of Federal Grants The Republican “Contract with America” called for devolution— the transfer of political and economic power to the states For example: Welfare Copyright 2009 Pearson Education, Inc., Publishing as Longman

The Politics of Federal Grants: Devolution Copyright 2009 Pearson Education, Inc., Publishing as Longman

New Techniques of Federal Control Total and Partial Preemption Crossover Sanctions Cross-Cutting Requirements Direct Orders Copyright 2009 Pearson Education, Inc., Publishing as Longman

The Growth of National Government Why has the power of the national government grown over the last two centuries? Industrialization Great Depression WWII Political leaders’ promotion of federal initiatives Copyright 2009 Pearson Education, Inc., Publishing as Longman

The Future of Federalism During recent decades, state governments have become stronger than ever. Increasingly aggressive on economic and environmental matters Questionable effect on minority rights Even so, the persistence of international terrorism, the wars in Afghanistan and Iraq, and rising deficits all ensure a substantial role for the national government in the years to come. Copyright 2009 Pearson Education, Inc., Publishing as Longman