Chapter 3 Federalism

Federalism governments Federalism = dividing power between two separate governments 40 % of people live in federalist counties

Why Federalism? Protect minorities from unjust majorities Dividing power between national and local governments Division of power creates competition Large group of leaders rather than one Increase participation in the political process Allows states to try different policies that may meet the needs best

Recipe for Federalism Constitution provides structure – strong national government National government needed the power to tax and regulate interstate commerce Congress needs to carry out laws that are “necessary and proper” to carry out national government powers, also called the implied powers clause. States cannot interfere with the national government States cannot make war, create an army, or coin money

The 10th Amendment and the States Reserves powers to the states or people States rights to marriage, divorce, maintain control of property, criminal law, contract law, highways, education al systems, and social welfare State has concurrent power = state and national government are able to tax and spend, establish court system, and make and enforce laws White separatists used states rights to deny equal opportunity to African Americans

The Federal System Evolves State centered Federalism, 1787-1868 = states were independent and did not share power. States in control of slave issue Dual Federalism, 1868-1913 = National and state government powers were separate Cooperative Federalism, 1913-1964 = National economy created, federal government had power over states, can be compared to goulash or a marble cake, relationship established to solve policy problems

The Federal System Evolves Centralized Federalism, 1964-1980 = National government had vision and goals, national government takes primary responsibility and directs state and local laws, compared to a pineapple upside-down cake Representational Federalism, 1985-1995 = States retain their constitutional role by electing the president and members of congress

Federalism and the Federal Courts Judges of Federalism McCulloch v. Maryland (1819) = State of Maryland taxed the Baltimore branch bank, which was established by congress, refused to pay the taxes. Doctrine of national supremacy established. National law is superior to any other laws Brown v. Board of Education (1954) = power of the states to segregate ended by the national government State poll tax was found unconstitutional in 1966

Federalism Federal Grants Purposes Supply state and local governments with money Establish minimum standards Equalize resources Minimize growth of federal agencies

Federalism Types of Federal Grants Categorical formula grants = funds set aside for specific purposes (school lunch, welfare) Block grants = broad grants for education, social services, and healthcare. Can be sued by the states with flexibility Revenue Sharing = terminated in the states and local governments by 1987 Project grants = a certain amount of money is put toward a specific project, such as the National Science Foundation

Tomorrow’s Federalism More complex States are more organized and have taken on greater responsibilities Preemption exists Citizens are concerned with efficiency Dual Federalism = National and state government powers were separate