Wilson Chapter 3 AP Government - Mr. Hatch FEDERALISM Wilson Chapter 3 AP Government - Mr. Hatch

Objectives Explain the differences between federal and centralized systems of government Show how competing political interests at the Const. Convention led to the adoption of a federal system that was not clearly defined. Outline the ways in which national and state powers have been interpreted by the courts Distinguish between categorical and block grants

Federalism Definition: Constitutional division of power between the national government and state governments. Both get their power from a Constitution, not each other. The word Federalism is NOT written in the U.S. Constitution – we developed it

Reasons for Federalism in US Unitary system (central govt. not Constitution delegates power) was undesirable Confederate structure undesirable Allows for unity, but not uniformity (allows differences among the states) More suitable to large nation More likely to check tyranny (ie Shay’s rebellion) Encourages experimentation Keeps govt. closer to the people - multiple points of access for citizens

The Founding A bold plan to protect personal liberty People control the government and will balance power between the state and federal govts. In Article I section 8 the constitution lists enumerated powers – powers specifically granted by the US constitution in writing Implied powers - powers not written in the constitution but gained through interpretation over time EX: 10th amendment limits power of the fed govt

Clauses of the Constitution Elastic clause – congress shall pass all laws “necessary and proper” to carry out enumerated powers Commerce Clause – the federal government may regulate interstate commerce Full Faith and Credit Clause – each state must recognize public acts and records of other states (extradition) Privileges and Immunities – citizens get privileges of citizens in other states (drivers license, marriage)

Historical Developments Supreme Court speaks: McCulloch vs. Maryland (1819) National bank was necessary and proper States cannot tax a federal bank - national powers were supreme Nullification - states can declare acts of federal government unconstitutional. Court ruled against this. Dual Federalism (through 1937)”layer cake” States and Federal govt. remained supreme in their own spheres Powers and policies were distinct to their layer of government - like a layered cake

Historical Developments Cooperative (“Marble Cake”) federalism Since 1937 Mingling of responsibilities; share powers National government powers should be interpreted broadly New Federalism (Nixon, Reagan) Power back to states Use of Block grants States’ exert more control - Initiative, Referendum and Recall; Police powers

Structure of American Federalism National Powers (Delegated) Expressed or enumerated Implied (importance of elastic clause) Inherent (necessary as a national govt.) State Powers (Reserved- Amendment 10) - Establishing voting requirements, running elections, licensing professionals) Concurrent Powers (Shared) - taxing, borrowing, establishing court system) National Supremacy (Article 6) Obligations of National Government Obligations of State Government

Federal- State Relationships P. Diddy summed it up best - its all about the Benjamins! Growth of federal government has necessitated the funding of local government for the purpose of administering federally funded programs - Dollar amounts have consistently risen over the last several decades, though the % of federal expenditures have varied

Federal-State Relations Why was federal money so attractive to the states? - Availability and political gains Purposes of Federal grants: Reduces federal bureaucracy Supplies local govt. with funds Establishes federal standards Equalizes resources among rich and poor states

Types of Grants CATEGORICAL- For specific programs (roads, housing, airports) BLOCK - Granted to support a collection of general programs = more state leeway in spending (104th Congress favored) REVENUE SHARING - General grants of money to states to spend as they please (Nixon and Reagan favored)

CASE STUDY: Welfare Reform of 1996 Welfare block grants replaced welfare categorical grants Federal “strings” attached (very few): No funds to recipients who had not worked in past 2 years No funds to recipients who had received fed. $ for more than 5 years States must spend at least 75% of what they had previously spent on welfare

MANDATES A federal order imposed upon states: Americans with Disabilities Act (ADA) Environmental Acts Individuals with Disabilities in Education Act Purpose is to meet a goal of the federal govt.

MANDATES Impact on States: Financial burden (unfunded mandates) Federal intrusiveness Heavy penalties Federal blackmail (don’t comply in one area, funds withheld in another) Excessive power of Federal government

Devolution Revolution Push by the Republican Congress of 1994 (104th) to pass federal functions on to the states. Central to the “Contract with America” Promised: -restrictions on unfunded mandates more block grants Continue the “New Federalism” of Nixon that was favored by Reagan, and the Bushes.

The Results Clinton declared the “end of big government” Welfare Reform bill Repeal of 55 mph speed limit Restrictions on unfunded mandates More block grants Bush Tax cuts

However, National criteria for state-issued drivers’ licenses National registration of mutual funds More national food safety standards More national crimes Patriot Act No Child Left Behind

Finally What is better? Decentralist (states’ rights approach) Vs. Centralist (nationalist approach)