Federal, State and Local Government Federalism Federal, State and Local Government

Before the Constitution Sovereignty (supreme governing authority) was thought to be held by one governing body (king, state, etc.). It was thought that governments had to be a unitary system (only a national government has sovereignty).

Confederacy Under the Articles of Confederation, the states were part of a Confederacy, where they each had their own sovereignty. Without a strong national government, the Articles fell apart.

Problem The Framers of the Constitution had a problem: How to create a strong central government with sovereignty, without taking the sovereignty from the states? The Answer: FEDERALISM!!!!

Federalism Def. Government System where authority is divided between two sovereign levels of government. The separation of powers between the National (Federal) Government and State Governments. Often referred to as levels of government

Why? The founding fathers feared a strong central government that would control the entire country. The federalist system was created to allow the states to maintain local control of the residents in them.

“Spheres of Power” The federal system established by the Constitution divided power and responsibility: Local issues were the province of the states (education, police protection) National issues were the province of the Federal Government (war, currency) Some policies overlapped (taxation)

Delegated/Enumerated/Expressed Powers The Constitution divides powers between different levels of government. They fall into 3 categories: Delegated/Enumerated/Expressed Powers Reserved Powers Concurrent Powers

Delegated Powers Powers given to the federal government in the constitution Include: Coin Money Regulate Interstate and foreign trade Raise and maintain armed forces Declare War Govern U.S. Territories and admit new states Conduct foreign relations

Implied Powers To enable Congress to perform their delegated powers, the Constitution contains the Necessary and Proper clause, often called the “Elastic Clause” (think elastic like a rubber band: it stretches and changes with the times) These powers are not listed in the constitution, but are implied by it.

“Elastic Clause” Article 1 Section 8 Clause 18 gives congress the power to “make all Laws which shall be necessary and proper for carrying into Execution…Powers vested by this Constitution in the Government of the United States….” This Necessary and Proper Clause, gives congress power to pass laws not listed in the Constitution if they are “necessary and proper” to execute other powers. Called the Elastic Clause

Ex. Of the Necessary and Proper Clause Ex. Create the interstate highway system to “regulate commerce” Ex. Create the Air Force as “to raise and support Armies” Ex. Create time zones as “fix the Standard of Weights and Measures”

Reserved Powers Powers reserved to the state and local governments. The federal government cannot interfere in the powers reserved for the states 10th Amendment: “…powers not delegated… are reserved to the States.” Most of what government does in this country today is done by the states and their local governments!

Examples of Reserved Powers Regulate trade and business within the State Establish Public Schools Pass license requirements for professionals Regulate alcoholic beverages Conduct elections Establish local governments Regulate gun laws

Concurrent Powers Powers that are shared by both the federal and state/local governments.

Examples of Concurrent Powers Levy and collect taxes Borrow money Establish courts Claim private property for public use Define crimes and set punishments

The Supremacy Clause “This Constitution and the Laws of the United States…shall be the supreme Law of the Land...” Article VI, Section 2 States that the Constitution is the highest law of the land, and that Federal Laws stand above state and local laws.

Supremacy Clause

McCulloch v. Maryland The supremacy of the Federal Government and the use of the elastic clause was challenged in the Supreme Court case McCulloch v. Maryland. The state of Maryland questioned the government’s authority to create a bank and was using its power to tax to eliminate it.

Supreme Court’s Decision Implied Powers: Chief Justice John Marshall sided with the National Government. Even though “Bank” is not mentioned in the constitution, its creation is a function of Congress’ power to “tax, borrow money and regulate commerce”. The Necessary and Proper clause gives Congress the power to create a national bank.

Supreme Court’s Decision (cont.) Supremacy Clause: Maryland’s tax on the bank was negated by the Supremacy Clause, Justice Marshall’s statement “The power to tax is the power to destroy”, illustrates the fact that the Federal government’s power to establish a bank is supreme over the power of the state to tax.

Move toward Nationalization Over the history of the country, Federalism has evolved and moved towards Nationalization: The process by which national authority has increased over the states.

Early Nationalization McCulloch v. Maryland: Established Supremacy of National government and Implied powers of Congress. Gibbons v. Ogden: Federal government supremacy over New York in regulating commerce on interstate trade.

States’-Rights In the mid-1800s, states tried to show their sovereignty Nullification Crisis: Over a tariff that favored Northern states in 1832, South Carolina invoked the “Doctrine of Nullification” States could nullify a national law. While Pres. Jackson threatened to use force, the tariff was lessened through compromise.

States’-Rights Dred Scott v. Sanford: The rights of individuals to property (slaves) was affirmed by Justice Taney The Missouri Compromise was unconstitutional and Congress could not outlaw slavery in any part of the United States.

Civil War The issue of states’-rights vs. nationalization was settled by the Civil War. The right to secede was denied and national government was sovereign over the states.

Dual Federalism Dual Federalism: the idea that a precise separation of national and state power was both possible and desirable. Called “Layer Cake Federalism”

EXAMPLES 14th Amendment Provides equal citizenship to all Americans, extended rights in the Bill of Rights even on the state level. However, States had discretion how to enforce these rights, as seen in Plessy v. Ferguson

EXAMPLES Plessy v. Ferguson Supreme Court ruled that separate facilities were constitutional as long as equal. Removed the National government from the issue of equal citizenship in the states Resulting: unequal treatment of African Americans in segregated states.

EXAMPLES Laissez-Faire Federalism The Supreme Court used the 14th Amendment to recognize corporation as persons under the law. This gave protection from regulation by the states. The Court also limited the “Commerce Clause”, interpreting it as only applying to transport of goods between states, not manufacture in one state.

Definition THE CLAUSE IN THE CONSTITUTION (ARTICLE I, SECTION 8, CLAUSE 1) GIVES CONGRESS THE POWER TO REGULATE ALL BUSINESS ACTIVITIES THAT CROSS STATE LINES OR AFFECT MORE THAN ONE STATE OR OTHER NATION.

CHANGES New Deal and Nationalization The problems of the Great Depression proved too much for states to handle alone The economy was too interconnected between states that the national government expanded its power over commerce

Nationalization (cont.) Early in the 1930s, the S. Court struck down several laws as Congress overstepping its authority over interstate commerce. But by 1935, the court switched its tendencies and ruled that the Commerce power of Congress was “as broad as the nation” Since, Congress has been involved in laws dealing with interstate commerce as well as civil liberties.

Modern Federalism Since the 1930s, the idea of “dual federalism” no longer applies. New, more integrated and complicated federalism models are in play.

Cooperative Federalism Def. National, state and local levels work together to solve problems. Called “Marble Cake” Federalism Ex. Medicaid (govt. healthcare for the poor) Funded jointly by the national/state/local govts. Administered jointly, local/state providing direct services and national providing general admin. Determined jointly in regards to eligibility and benefit levels. Federal regulations provide guidelines while states set local rules.

Fiscal Federalism Def. Refers to the spending of federal funds on programs run in part through states and localities. Grants-in-aid: Federal cash payments to states and localities for programs they administer. Several types.

Matching Grants Def.: Fed. Govt. “matches” state funds, so states spend more to receive more. Problem: The promise of federal money is so powerful, that states and local governments are willing to follow federal guidelines and spend their own funds for the federal money. State and local officials are torn between their own independence and the services that they could provide with the federal money.

Grants Ways that federal gov’t disperses $ to state and local governments “Grants-in-aid” Categorical -- formula grants, $ for a specific purpose, subject to federal supervision Project Grants -- state, local, and nongovernmental agencies can apply for $ (universities, employment training programs) Block -- few strings attached, broad grants (child care, welfare, social services, and health care

Categorical Grants Def. Federal grant money that can be used only for designated projects. Congress prefers these grants as they have greater control over spending, while state and local authorities dislike the strings attached to the funds.

Block Grants Def. Federal grants that permit state and local officials to decide how the money will be spent within a general area (health, education, etc.) Preferred form of grants by state/local officials as they keep their autonomy.

Mandates Mandates law be implemented at all levels of government New Deal Programs and Great Society Programs were mandates for the nation Unfunded Mandates Americans With Disabilities Act (1990)

Mandates A REQUIREMENT THE FEDERAL GOVERNMENT IMPOSES AS A CONDITION FOR RECEIVING FEDERAL FUNDS. A FEDERAL MANDATE IS WHEN THE FEDERAL GOVERNMENT ORDERS ALL STATES TO INCREASE THE DRINKING AGE TO 21 AS A CONDITION FOR RECEIVING FEDERAL HIGHWAY MONEY.

Devolution Def. Passing down authority from the national to state and local governments. Democratic programs such as the New Deal and Great Society were seen as too large, inefficient and wasteful. Devolution was championed as “New Federalism” by Pres. Nixon and Reagan to allow states more control over the use of funds.

Continued Devolution Republican control of Congress in the 1990s accelerated devolution. Congress reduced Unfunded Mandates (Federal programs that local governments need to fund mostly or entirely by themselves) Welfare reform of ‘96 was changed to Block Grants, allowing states to find new approaches to welfare, such as job training and placement.

Nationalization Continues Despite the call for smaller government and devolution, involvement of the federal government continues: No Child Left Behind began to create a national standard for education Department of Homeland Security began to take local policing and emergency responsibilities from the states in the Post-9/11 U.S. The government bailout of the U.S. automobile industry and the $800 billion stimulus was seen as a necessary expansion of government power to deal with the “great recession”

Public Opinion and Federalism The growth and shrinking of federal power is determined by public opinion. Periods of national emergency (Great Depression, Great Recession) calls for greater nationalization. Periods where government growth appears out of control (70-90s post Vietnam/Great Society) devolution is called for. Public Opinion is the ultimate Check on the power of the Federal Government.