Foundations of American Democracy FEDERALISM

What is Federalism? Two or more governments, each of which have formal authority over the same area & people. Serves to decentralize both government, politics, & policies

Disaster Relief Who’s job was it to clean up New Orleans and the rest of the coast after Katrina? What about Puerto Rico?

Who is in charge of Immigration? What is a Sanctuary city?

Policy: States can pass laws more appropriate to local interests Allows states to be policy innovators: come up with new policy the nation may not be ready for as a whole Think: Colorado

Certain issues need to be national…

While others are more appropriate for states…

Potential problems…

State to state relations (Obligations) Article IV Marriage Equality 2014 Full Faith & Credit If you speed in Illinois, is the fine different based on what state you reside in? Privileges & Immunities If you commit a crime in Illinois, what U.S. state can you hide out in? Extradition

The 10th Amendment “The powers not delegated to the United States by this Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Delegated Powers: express/enumerated, inherent/implied Denied Powers: e.g., tax exports, ex post facto laws Reserved Powers They are given to the states Concurrent Powers e.g., taxation, eminent domain

Expansion of federal power Too bad, states 

Elastic Clause (AKA… Necessary and Proper Clause) “[The Congress shall have Power] to make all Laws which shall be necessary & proper for carrying into Execution the [enumerated] Powers, …” McCulloch v. Maryland (1819)- REQUIRED CASE- Could Congress form the National Bank? Could MD tax it? The Court upheld the use of implied powers (elastic clause) and the supremacy of federal law (next slide- Supremacy Clause)

The Supremacy Clause “This Constitution, & the laws of the United States . . . & all Treaties made . . . shall be the supreme Law of the Land . . .”

Commerce clause The greatest single source of expansion of Congressional power! Gibbons v. Ogden (1824): virtually all economic activity is considered as affecting interstate commerce Commerce clause will later be used to justify OSHA, minimum wage, child labor laws, food safety, rendering unlawful discrimination in hotels, etc.

Contraction of Federal Power Yay, states rights! 

U.S. v. Lopez (1992) –REQUIRED CASE Gun Free School Zones Act Rehnquist Court says limiting guns does not directly affect interstate commerce. This shows the devolution of power back to the states Make sure you read this case!!!

Types of Federalism Who has more power over the people?

Dual Federalism Both the Federal and State governments has its own “sphere of influence” which are separate & distinct (pretty much ends w/ the New Deal) – think a layer cake…

Cooperative Federalism Levels of government share responsibilities- costs, administration, and regulation (more common today) – think a marble cake… The federal grant program is the most obvious place that cooperative federalism can be seen… Revenue sharing Financial aid to the states The marble cake idea comes from the fact that the lines are difficult to see. The federal government mixes with the state government and even with the private sector.

Fiscal Federalism Follow the money $$$

Fiscal Federalism Definition and Types When the national government uses funding to gain federal influence in areas traditionally belonging to the states… Grants Mandates

Types of Grants Categorical (2 types) Block

Categorical Grants Categorical Grants is the largest type by far… where you (the state) get $$$, but award is competitive, & you must follow our requirements (non-discrimination, environmental protection, or … other things…) and there’s two types of categorical grants: Project Grants Formula Grants More on these on the next slide Categorical grants= parents give you money to buy clothes with and specify you must buy jeans, black shirt, sneakers. 

Categorical Grants Project Grants for…you guessed it…specific projects -grants for certain university research, NSF grants, etc. Formula grants: -grants based on some “formula” -Examples of types of formulas- population, per capita income, % rural population - includes things like Child Nutrition funding, Medicaid, etc. (types of stuff you get the grant for)

Block Grants General funds for broader purposes Homeland security (Safety) Employment Community Development Here's money, go buy clothes. You pick but if you come home with Cheetos or video games you are in trouble.

Paths to Federal Control Government mandates can be funded or unfunded The following were federally mandated programs Clean Air and Water Acts Americans with Disabilities Act Family Medical Leave Act Endangered Species Act No Child Left Behind Act / Every Child Succeeds Act Welfare Reform Act of 1996 Is every penny of aid money the government has sent to state governments?

Paths to Federal Control The Problems: with the money comes certain…obligations… Conditions are often placed on funds which allow the national government to influence policy areas traditionally left to the states… Conditions of aid (“strings” attached) to grants --Highway grants to raising drinking age

Evaluating Federalism PROS Flexibility: policies can fit local needs Experimentation: we can test new policies at state level Participation: more access points to gov’t Built on compromise: promotes unity Government duties can be split up CONS Inequality: States have different levels of services Conflict: federal-state power clashes Confusion: Difficult coordination & enforcement breakdowns Local interest can counteract national interest (Civil Rights/Liberties): States can impede progress of the nation