Chapter 3 FEDERALISM Vs.

Single most persistent sources of political conflict has been relations between national & state governments

Federal System Vs. Unitary System

Federal System Decentralize administrative burdens of governing Local units exist independent of the preferences of National Gov. & make some independent decisions

Unitary System Local governments can be altered or even abolished by the national government and cannot plausibly claim to have final authority over any significant government activities

Subnational Governments Protected by: Constitution Habits, preferences and dispositions of the citizens =TRADITION

Daniel Elazar Pro - Federalism Subnational governments set precedent Subnational governments have taken lead in protecting environment, etc.

Pro – Federalism Reasonable chance of having a practical effect Widespread opportunities for political participation

William Riker Condemns Federalism Prolonged slavery

Main Effect of Federalism Increased political activity Decentralization of POWER

FEDERALISM SEPARATION OF POWERS

Confederal System National government derives its powers from the states Articles of Confederation

10th Amendment “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people

Thomas Jefferson – State Government Hamilton v. Jefferson Thomas Jefferson – State Government Alexander Hamilton – Federal Government

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite” James Madison

National Supremacy v. State Rights CIVIL WAR National Supremacy v. State Rights National Government is supreme

National Supremacy National Supremacy confirmed by McCulloch v. Maryland Necessary and Proper Clause Congress can pass all laws that are necessary and proper to its duties Congress can exercise powers not specifically given to it

NULLIFICATION States can declare “null and void” a federal law that the states’ believed violated Constitution Jefferson and Madison States cannot do this today

Dual Federalism Dual Federalism National Government supreme in their sphere State Government supreme in their sphere KEPT SEPARATE Commerce Clause

Interstate v. Intrastate commerce Eleventh Amendment Dual Federalism Commerce Clause Interstate v. Intrastate commerce Eleventh Amendment Protects states from lawsuits by citizens of other states or foreign nations

State Powers Police Power: state power to enact laws promoting health (vaccinations), safety (law enforcement), and morals.

State Powers Initiative: process that permits voters to put legislative measures directly on the ballot DIRECT DEMOCRACY Signatures 5-15%

State Powers Referendum: voters reject measure passed by legislature

RECALL: (20 states) voters remove elected official from office State Powers RECALL: (20 states) voters remove elected official from office

Local Governments (city) Exist at pleasure of the State Governments Unitary System

Federal-State Relations

Grants-in-Aid Money given by the National Government to the states Has continued to grow Washington pay bills state runs programs

Change 1960s Federal government devising grant programs on national needs not what states were demanding

Intergovernmental Lobby Elected & appointed officials Mayors, governors, superintendents of schools, etc. page 62 Purpose: obtain federal money with fewer strings attached

Categorical Grants Grant for specific purpose defined by federal law Airport Put up money to match some part of grant (usually small) Governors and mayors say categorical grants are too narrow

Revenue Sharing Gives states and cities more freedom in how to spend the money WHO GETS IT County’s or city’s population, personal income in that area v.

Conditions of Aid Federal government tells the state government what it must do to get the money

Conditions of Aid “if you don’t want the strings, don’t take the money.” Free federal money was not quite free after all Cutbacks Garbage private firm

Mandates What state governments must do whether or not they take the money Civil Rights Environmental Protection

Mandates 10th Amendment no protection versus mandates Comes from courts (federal mandates) Desegregation

Second-Order Devolution Triggered by federal welfare programs Power from states to local governments

Third-Order Devolution Increased role of nonprofit organizations and private groups (for profit) Welfare to work