Prentice Hall PoliticalScienceInteractive Magleby et al. Government by the People Chapter 3 Special Topic Evolution of American Federalism Copyright 2006 Prentice Hall

Defining Federalism Federalism Constitutional arrangement whereby power is distributed between a central government and subdivisional governments called states in the United States. The national and the subdivisional government both exercise direct authority over individuals “Look, the American people don’t want to be bossed around by federal bureaucrats. They want to be bossed around by state bureaucrats” Copyright 2006 Prentice Hall

Historical Markers in the Development of American Federalism McCulloch V. Maryland and the Necessary and Proper Clause Succession and the Civil War National Guarantees of Civil Rights The Expansion of Interstate Commerce The Income Tax and Federal Grants Copyright 2006 Prentice Hall

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.” Copyright 2006 Prentice Hall

Versions of Federalism “Our Federalism” Presumes that the power of the federal government is limited in favor of the broad powers reserved to the states Permissive Federalism Powers are shared, but state power rests upon the permission and permissiveness of the national government Copyright 2006 Prentice Hall

Why Federalism? Protecting liberty; checks growth of tyranny; diffuses power Unity without uniformity; states have “breathing” room Encourages states to “experiment” Keeps government closer to the people; multi levels of involvement (local, state, federal) Copyright 2006 Prentice Hall

Powers of the National Government Express Powers: specific; found in the Constitution Implied Powers: Inferred; not listed in Constitution; depends on how it is interpreted (living document) Inherent Powers: Article VI (Constitution is supreme law of the land) War Powers : power to wage war Interstate Commerce (sold, transported, etc..across state lines and/or with other nations) (sanctions to other countries…) → Congress has the power of the “purse”; power to tax and spend Copyright 2006 Prentice Hall

Powers of the States Concurrent Powers (powers that the Constitution gives to both the national and state governments) Examples: both state and national can tax income, alcohol, gasoline (look at your phone bill, cable, etc..and you will find state and federal taxes) Copyright 2006 Prentice Hall

Number of Governments in the United States Copyright 2006 Prentice Hall

Interstate Relations States have to accept public records and acts from other states as valid (however…lately there has been resistance such as in the cases of same sex marriages) Privileges and immunities (50 days resident for voting, 1 year for college tuition, etc…) Extradition: criminal offender is released from one state to another Copyright 2006 Prentice Hall

The Evolution of American Federalism “State-Centered Federalism” 1787 to 1868 From the adoption of the Constitution to the end of the Civil War, the states were the most important units of the American Federal System Copyright 2006 Prentice Hall

McCulloch versus Maryland (1819) Brief Synopsis of Case: The state of Maryland was wanting to tax a national bank in Maryland. McCulloch worked at the national bank. The question at hand: Can a state government tax a national entity, in this case, a national bank? The Supreme Court ruled in 1819, in favor of the national government. No…a state does not have the power to tax any national entity/bank. This case established: NATIONAL SUPREMACY (national supersedes state/s when in conflict) Copyright 2006 Prentice Hall

State-Centered Federalism Doctrine of Nullification Each state could declare any laws or actions of the national government “null and void” Doctrine of Secession States could chose to withdraw from the United States if they wanted Used by the Confederate States in the Civil War Copyright 2006 Prentice Hall

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: Antifederalists, Thomas Jefferson, Supreme Court from 1920s to 1937, and Presidents Ronald Reagan and G. W. Bush Position: Views the Constitution as a compact among states that gives the central government very little authority Copyright 2006 Prentice Hall

The Evolution of American Federalism “Dual Federalism” 1868 to 1913 In this phase, the national government narrowly interpreted its delegated powers and the states continued to decide most domestic policy issues Copyright 2006 Prentice Hall

Evolution of Federalism After the Civil War, industrialization and urbanization created new challenges for the federal system Copyright 2006 Prentice Hall

The Evolution of American Federalism “Cooperative Federalism” 1913 to 1964 The system was likened to a marbled cake in that “as the colors are mixed in a marble cake, so functions are mixed in the American federal system.” Copyright 2006 Prentice Hall

The Evolution of American Federalism “Centralized” or “Creative” Federalism 1964-1980 The presidency of Lyndon B. Johnson (1963-1969) marked a critical point in the evolution of federalism Federal government clearly had its own national goals Copyright 2006 Prentice Hall

The Great Society and Creative Federalism Johnson’s “Great Society” War on Poverty Federal funds were directed to states, local government and a wide variety of social programs Copyright 2006 Prentice Hall

The Great Society and Creative Federalism Copyright 2006 Prentice Hall

The Great Society and Creative Federalism Copyright 2006 Prentice Hall

New Federalism Ronald Reagan sought to return more power and responsibility to the states “Government is not the solution; it’s the problem” - Ronald Reagan Copyright 2006 Prentice Hall

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 2006 Prentice Hall

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 2006 Prentice Hall

Block Grants Being Sought The City of Laredo Parks and Recreation Department seeks to secure funding to implement the Chacon Creek 10 Year Master Plan at a cost of approximately $36 million for the purpose of providing flood control, natural habitat conservation and linear park development. Envision a true river walk next to the most widely recognized international boundary on the southern U.S. border. This is a vision that has long been held by the City of Laredo’s past and present administrations. Federal funding is currently being sought to fund the development of riverfront trails and natural recreation areas. Copyright 2006 Prentice Hall

Agencies: Apply for Grants Environmental Protection Agency National Park Service U.S. Army Corp of Engineers Department of Homeland Security Department of Housing and Urban Development U.S. Department of Transportation U.S. Department of Agriculture Texas Parks & Wildlife Department Copyright 2006 Prentice Hall

Types of Federal Grants Categorical-Formula Grants: follow a certain formula (free lunch programs) and state or local must match the funds; feds check/audit Project Grants: Apply for the grant (school district, the city, county, etc..)/ Grant Writers Block Grants: Federal dollars that can be broadly used by states and with few strings attached. Copyright 2006 Prentice Hall

The Future of Federalism The persistence of international terrorism, the war in Afghanistan and Iraq, and rising deficits all ensure a substantial role for the national government in the years to come Copyright 2006 Prentice Hall