I Like Cake: Understanding Federalism AP Gov’t Unit 1 Mrs. Boué and Mr. Hedglin

Who’s In Charge? Organizing Power in Governments Governments can distribute power (who makes the rules) in one of three ways: In a UNITARY SYSTEM of GOVERNMENT, all of the powers belong to one single, central entity. The central government does not have to share power with any other group. Ex: Great Britain – Parliament gets to make all the rules. State governments have power over local governments in this way

In a FEDERAL GOVERNMENT, powers are shared between a central government AND local governments. Neither group gets to take power away from the other. The United States is an example of a federal government. The national government (in Washington D.C.) has to share its powers with the states In a CONFEDERATION, there is only a loose association of independent states. These states keep most of the power and only let the central organization have a few, limited powers. Ex: The European Union and the Confederate States of America

What is Federalism? Political system where the powers of gov’t are divided between a national gov’t & regional (state & local) gov’ts One of six basic principles embodied in the US Constitution The term “federalism” is NOT found in Constitution but is clearly defined in the delegated, concurrent, & reserved powers of the national & state gov’ts

Powers of the NATIONAL Government The National government (in Washington D.C.) only has powers that the Constitution grants to it. These powers are called DELEGATED powers. There are THREE types of Delegated powers: EXPRESSED (or ENUMERATED) Powers IMPLIED Powers INHERENT Powers

EXPRESSED POWERS – These are things that the Constitution specifically says the national government can do. These include: Printing Money Keeping an army Declare War Regulate Interstate Commerce IMPLIED POWERS – In Article I, Section 8 of the Constitution, Congress gets the right to “make all laws which shall be necessary and proper” to carry out their powers. This is known as the “necessary and proper” or “elastic” clause. These powers include: Creating an Interstate Highway system Desegregating public facilities

INHERENT POWERS – These are things that the National government has a right to do because it represents us to the rest of the world. The Constitution doesn’t specifically mention them, but all national governments have these rights: Regulate Immigration Regulate foreign trade Ability to acquire territories

Powers of the STATE Government Powers belonging to the states are known as RESERVED POWERS. States get any powers that are not specifically granted to the National government and are not specifically forbidden to states (from 10th Amendment): Regulate intrastate commerce Establish local govt’s Establish public school systems Administer elections Protect the public’s health, welfare, & morals Regulate corporations Establish licensing requirements for certain regulated professions

National & State Powers Concurrent (Powers that belong to both the States and the Fed Gov’t) Levy taxes Borrow money Spend for general welfare Establish courts Enact & enforce laws Charter banks

When Powers Come into Conflict: The Supremacy Clause What happens when there is a dispute between the nation gov’t and state gov’t about who has the power to do what? We usee the SUPREMACY CLAUSE, which defines the supreme laws of the land in this order: 1) The Constitution 2) The laws of the national government 3) Treaties

How has the Supremacy Clause been upheld? 1) McCulloch v. Maryland When Marshall rules in favor of the bank, he says that as long as national laws stay within the Constitution they can PREEMPT state and local laws Also confirms IMPLIED POWERS (N & P Clause) 2) Gibbons v. Ogden Says nat. government can regulate almost all commercial activity (expands their right to interstate commerce) 3) Civil War 4) Civil Rights Movement

Interstate Relations Article IV Federalism means that states have obligations to each other, too… Full Faith and Credit Clause (Article IV) Privileges and Immunities Clause (Article IV) Extradition: States are required to return fugitives to a state from which they have fled to avoid criminal prosecution at the request of the governor of the state.

The Evolution of Federalism Like all sorts of other stuff, FEDERALISM has evolved over time. Two types of FEDERALISM in American History: DUAL FEDERALISM (layer cake) COOPERATIVE FEDERALISM (marble cake) FISCAL FEDERALISM is an example of cooperative federalism

Evolution of Federalism Dual Federalism (1789-1932) Layer cake Federalism National & State govt’s remaining supreme within their own sphere of influence Each level of gov’t seen as separate from the other National gov’t over national matters like foreign policy issues State gov’ts over state matters like educating their citizens

Evolution of Federalism Cooperative Federalism (1930s to Present) Marble cake federalism National & state gov’ts share policymaking and cooperate in solving problems Cooperative federalism involves Shared Costs Federal guidelines (Federal $$ comes with strings attached) Shared Administration Grew from policies of New Deal era and the need of the federal gov’t to increase gov’t spending and public assistance programs during the Great Depression EX: Building of national interstate system EX: LBJ’s Great Society EX: School districts currently receiving federal money

Evolution of Federalism Fiscal Federalism (1990s to Today) The national gov’ts patterns of spending, taxation, & providing grants to influence state and local gov’ts National gov’t uses fiscal policy to influence the states through granting or withholding money to pay for programs

Evolution of Federalism Examples of Fiscal Federalism GRANTS-IN AID PROGRAMS – Federal funds appropriated by Congress for distribution to state and local gov’ts 1) Categorical grants -- grants that have a specific purpose defined by law -- may require matching funds from state or local gov’ts -- Usually come with some sort of strings attached: Cross over sanctions – using federal money in one program to influence policy in another Ex: Tying highway money into raising the drinking age Cross cutting requirements – Conditions of a grant are extended to all activities supported by federal funds Ex: Federal grants may establish certain conditions that extend to all activities supported by federal funds, regardless of their source. The first and most famous of these is Title VI of the 1964 Civil Rights Act, which holds that in the use of federal funds, no person may be discriminated against on the basis of race, color, or nationality.

Two styles of Categorical grants Project grants: given for specific purposes with a competitive application process and awarded on the basis of merit Ex: college research grants Formula grants: Distributed according to a formula specified in Congressional legislation Ex: Medicaid

Evolution of Federalism Examples of Fiscal Federalism 2) Block grants -- general grants which can be used for a variety of purposes within a broad category such as education, health care, or public services -- fewer strings attached so states & local gov’ts have more control over $$$ -- State and local governments prefer these over categorical grants

MANDATES MANDATES are requirements that direct states or local governments to comply with federal rules under the threat of penalties or as a condition of receiving a grant. Ex.: Medicaid – State has to pay for some of this, and it drains states budgets Sometimes these mandates are costly, but the federal government doesn’t always help defray the costs of complying (unfunded mandate): Ex: Americans with Disabilities Act 1990 mandates that all public buildings must be accessible to persons with disabilities *Unfunded Mandate Reform Act (1994) imposed limitations on Congress’s ability pass unfunded mandate legislation (Republican Congress)