Chapter 3 – Federalism

Learning Objectives 3.1 Identify the types of governmental systems and the sources of federal and state power 3.2 Describe the advantages of federalism 3.3 Evaluate how Texas uses the funding received from the federal government 3.4 Assess how elements of cooperation and coercion within the federal system have changed over time 3.5 Analyze examples of the conflicts over federalism

Organizing the Constitutional System Unitary Systems: central government that has complete authority over all levels of government “top-down” government Centralized organization Central government supreme authority Central government grants specific power to state and local government Republic of Texas was a unitary system

Organizing the Constitutional System Confederal System: a power-sharing arrangement in which a central government’s authority is granted by the individual political units State delegates power to central government for specific purposes Majority of power rests with lower level government Central government has very little power United States Articles of Confederation was a confederal system

Organizing the Constitutional System Federal System: power-sharing arrangement in which a central government’s authority is granted by the individual political units Federal government has authority over states in some matters Federal government and states share authority in other matters States have authority in other matters United States Constitution is a federal system

Organizing the Constitutional System Supremacy Clause Article VI, Section 2 US Constitution and federal laws “shall be the supreme law of the land” Enumerated Powers Powers identified as powers the federal government has Expressed or Delegated Powers Specified in Article I, Section 8 of the Constitution

Organizing the Constitutional System Implied Powers: powers that the federal government is not expressly granted but that it is assumed to possess so that Congress can carry out its duties Necessary and Proper Clause Article 1, Section 8 Congress can make laws to carry out its function Commerce Clause Congress has power to regulate commerce with foreign nations and among the states

Key Federalism Cases decided by US Supreme Court Organizing the Constitutional System Key Federalism Cases decided by US Supreme Court McCullough v. Maryland (1819) Gibbons v. Ogden (1824) Baker v. Carr (1962) Arizona v. United States (2012)

Organizing the Constitutional System Reserved Powers Tenth Amendment Reserve Clause: powers not listed in Constitution reserved to the states Concurrent Powers Powers shared between state and federal governments Full Faith and Credit Constitution clause that requires that each state respect the rights and proceedings of other states Necessary for federalism to work properly

Advantages of Federalism Stronger Central Government Representation States and local governments have a major say in how funds spent Policy Innovation Laboratories of Democracy Trust in levels of government Texans distrustful of national government Trust in local and state government Federal intervention following Civil War entrenched the value of state autonomy

Texas and Federal Funding Important way federal and state governments share power: budget finance Texas ranks 30th among stapes in federal funding Federally funding categories Medicaid largest allocation of federal funds Second largest category is business development Disaster Relief Major way of receiving federal funds Texas relies on disaster funding more than any other state

Styles of Federalism Dual Federalism Cooperative Federalism Federal, state, and local government each has exclusive powers reserved to it alone Cooperative Federalism Each level of government has overlapping and intertwined authority over shared issues Categorical Grants Funds distributed for specific programs that require government to meet conditions established by the federal government Matching Grants Funds the state adds to supplement federal government programs State must have “skin in the game”

Styles of Federalism New Federalism Coercive Federalism Greater responsibilities, duties and funding to the states Reduces the size of the federal government Block grants Fixed funds for a particular policy or program Coercive Federalism Federal government establishes guidelines for states Unfunded Mandates Federal policies without federal funding Preemptions Federal government grants states permission and funding to implement federal regulations in policy areas but only if the states comply with a host of conditions

Texas and Conflicts Over Federalism Texas versus Washington Legal system is often the arena for battle Texas has sued the federal government most frequently over environmental issues Mixed success Tidelands Controversy Red River Border Dispute Immigration Voter Identification at Election Places Common Core Education Standards

Texas Takeaways The three types of constitutional systems are unitary, confederal, and federal. Enumerated powers are specified in writing and retained by the federal government so that Congress has exclusive province to act on them. Implied powers are powers that the federal government could possess but that are not expressly identified. Examples of concurrent powers include the power of taxation and enforcement of immigration laws, which are shared at the state and federal level. The advantages of federalism are a stronger central government, representation of interests, policy innovation, and the ability to locate government closer to the people, which often results in a higher trust in government.

Texas Takeaways Texans support state government over the federal government on both economic and social issues. The state received $69 billion in funding from the federal government. This amounted to 35% of the state’s budget. Most of the federal funds spent by the state went to social programs such as Medicare, followed by education. Other programs include transportation and other social welfare programs. Disaster funds (not regularly provided) are provided following a disaster.

Texas Takeaways Layer cake federalism is the model of dual federalism in which the arrangement of each layer of government is distinct from the other and each maintains its own power and authority. Marble cake federalism describes the style of cooperative federalism whereby the layers (of government) overlap and mix with each other, and jurisdictions on policy and regulatory matters are not bound by cleanly set layers. New federalism gives more authority to the states, whereas coercive federalism makes demands on states to achieve specific objectives. An unfunded mandate is a policy set by a higher level of government that requires spending funds but does not allocate funds for that purpose. In many cases, local governments may not have the funds to cover the policy.

Texas Takeaways Texas wins about 25% of the time in court against the federal government, although the number may be less important than the substance of the legal victory. Texas challenges the federal government most on issues of immigration, education standards, environmental rules, administering elections, medical care coverage, and business regulations. Shelby County v. Holder was the Supreme Court case that released Texas from automatic federal oversight on voting and election issues.