Federalism (Is that a cake?)

Definition of Federalism Divided and Co-Equal Powers Government structure and powers are divided between the central (Federal) and regional (State) governments. The Federal Gov’t and the State Govt’s are co-equal. The Constitution allows wide powers to the States in the 10th Amendment. Neither level can change the basic division of powers set in the Constitution without the cooperation of the other: Ex. both Congress and the States must take part in amending the Constitution.

Why choose one or the other? Country Comparison Federal (de jure and de facto): US, Nigeria, Mexico Unitary: Russia (de jure federal, de facto unitary); China; Iran; Britain (de jure unitary, de facto federal since Blair’s devolution) Why choose one or the other?

Why Federalism? Hamilton, Federalist 84: Part of system of checks and balances, will help protect the people’s rights– States will act as “sentinels” of the people’s rights against National government intrusion

Division of Powers Between the Federal and State Gov’t Delegated or Exclusive Powers Powers given to the Federal Govn’t Example: The power to declare war Concurrent Powers Powers shared by the Federal and State Govn't Example: The power to create courts or to tax Reserved Powers Powers given or reserved for the State Example: The power to establish public schools

Types of Delegated Powers Expressed These are powers explicitly granted in the Constitution (Congress has the power to declare war). Implied Powers that are not directly stated in the Constitution. They are implied in Article 1 Section 8 Clause 18 called the Necessary and Proper Clause. Inherent Powers that belong to the Federal government naturally and historically (foreign policy powers).

The Division of Powers Delegated or Exclusive Powers of the National Gov’t 1.8 Reserved Powers of the States 10th Concurrent Powers Denied (1.9) Denied (1.10) BoR +14 (incorporated rights)

Marble Cake Federalism Begins Reconstruction (esp. 14th), accelerated New Deal, expanded Civil Rights Movement, rolled back Clinton/Gingrich “devolution revolution” The Federal gov’t influences State policies through various means (especially with money). The States influence Federal policies (especially through institutions).

                          Delegated/ Exclusive Concurrent Reserved

Federal Aid to States A. Grants in aid: grants of federal money or resources to State and/or local units Categorical grants: specific, closely defined purpose (school lunches) many strings attached (no discrimination, matching funds, administer grant) Block grants: more broadly defined (esp. since 1996 welfare)States more free to act Project grants: aid to States and even private groups (cancer research)

B. Revenue Sharing: (1972-1987) Congress gave a portion of federal tax receipts to Statesbroad latitude except couldn’t be used for discriminatory programs (killed by Reagan and budget deficits) C. Other: - “Lulu payments”: in lieu of property taxes on federal lands - FBI, Census Bureau, armed forces provide services

State Aid to Federal States conduct and fund elections (Florida) State courts handle naturalization (becoming an American citizen) Federal arrests made by local and State police, local jails