Longman PoliticalScienceInteractive Magleby & Light Government by the People Chapter 3 American Federalism Copyright 2009 Pearson Education, Inc., Publishing as Longman

Defining Federalism Federalism Constitutional arrangement whereby power is distributed between a central government and subdivisional governments (eg., states). The national and the subdivisional governments both exercise direct authority over individuals. Copyright 2009 Pearson Education, Inc., Publishing as Longman

Number of Governments in the United States Copyright 2009 Pearson Education, Inc., Publishing as Longman

Why Federalism? Training for national officials Limit tyranny Allows for differences More arenas for public participation Limit tyranny Unity without uniformity Encourage policy experimentation Better for a large nation Training for national officials Allows for differences Copyright 2009 Pearson Education, Inc., Publishing as Longman

Versions of Federalism Dual Federalism Views the Constitution as giving a limited list of powers to the national government, leaving the rest to sovereign states Cooperative or "Marble Cake" Federalism Federalism as a cooperative system of intergovernmental relations in delivering goods and services to the people Fiscal Federalism Federalism based on the federal government providing funding to the states, usually with specific conditions attached “New Federalism” Goal is to limit the power of the federal government in favor of the broad powers reserved to the states Copyright 2009 Pearson Education, Inc., Publishing as Longman

Powers of the National Government Delegated powers: ~Expressed (or enumerated) powers (i.e. Art. I, Sec. 8, Cl. 1-17) ~Implied powers (Art. I, Sec. 8, Cl. 18: necessary and proper clause) ~Inherent powers (natural powers for a government) Copyright 2009 Pearson Education, Inc., Publishing as Longman

Constitutional Provisions Enabling National Government Expansion National supremacy article • Art. VI, Cl. 2 War power • Art. I, Sec. 8, Cl. 11 Power to tax and spend • Art. I, Sec. 8, Cl. 1 • Art. I, Sec. 9, Cl. 7 • Federal mandates Power to regulate interstate and foreign commerce • Commerce Clause (Art. I, Sec. 8, Cl. 3) Copyright 2009 Pearson Education, Inc., Publishing as Longman

The Federal Courts and Federalism: McCulloch v. Maryland (1819) Doctrine of Implied National Powers “Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are constitutional.” “The power to tax involves the power to destroy…If the right of the States to tax the means employed by the general government be conceded, the declaration that the constitution, and the laws made in pursuance thereof, shall be the supreme law of the land, is empty and unmeaning declamation.” Doctrine of National Supremacy Copyright 2009 Pearson Education, Inc., Publishing as Longman

(powers granted to both federal and state governments) Powers of the States Reserved powers (10th Amendment) Concurrent powers (powers granted to both federal and state governments) Copyright 2009 Pearson Education, Inc., Publishing as Longman

Interstate Relations Full faith and credit clause (Art. IV, Sec. 1) Interstate privileges and immunities (Art. IV, Sec. 2, Cl. 1) Extradition (Art. IV, Sec. 2, Cl. 2) Interstate compacts (Art. I, Sec. 10, Cl. 1) Copyright 2009 Pearson Education, Inc., Publishing as Longman

Regulatory Federalism FEDERAL GRANTS: Supply state and local governments with revenue Establish minimum national standards (eg., highways, clean air) Equalize resources among the states Attack national problems, yet minimize the growth of federal agencies Copyright 2009 Pearson Education, Inc., Publishing as Longman

Types of Federal Grants In 1996 there was a shift from categorical grants to block grants 2 types of categorical grants: Formula grants Project grants Block grants Far more flexible Purposes of Federal Grants to State and Local Governments Copyright 2009 Pearson Education, Inc., Publishing as Longman

The Politics of Federal Grants The Republican “Contract with America” called for devolution— the transfer of political and economic power to the states For example: Welfare Copyright 2009 Pearson Education, Inc., Publishing as Longman

The Supreme Court and the Role of Congress Beginning in 1995, justices interested in granting more deference to state authority gained a slim five-to-four majority in the Supreme Court The Constitutional Counterrevolution A return to an older version of federalism not embraced since the constitutional crisis over the New Deal in the 1930s Copyright 2009 Pearson Education, Inc., Publishing as Longman

The Growth of National Government Why has the power of the national government grown over the last two centuries? Industrialization Great Depression WWII Political leaders’ promotion of federal initiatives Copyright 2009 Pearson Education, Inc., Publishing as Longman

The Great Debate: Centralists versus Decentralists Strict Construction Loose Construction Supporters: Anti-Federalists, Thomas Jefferson, Supreme Court from 1920s to 1937, and Presidents Richard Nixon, Ronald Reagan and George W. Bush Position: Views the Constitution as a compact among states that gives the central government very little authority. Original intent or judicial restraint Supporters: Alexander Hamilton, Chief Justice John Marshall, Presidents Abraham Lincoln, Theodore Roosevelt and FDR, and the Supreme Court for most of its history Position: The central government should be denied authority only when the Constitution clearly prohibits it from acting. "Living document" or judicial activism

The Future of Federalism During recent decades, state governments have become stronger than ever. Increasingly aggressive on economic and environmental matters Questionable effect on minority rights Even so, the persistence of international terrorism, the wars in Afghanistan and Iraq, and rising deficits all ensure a substantial role for the national government in the years to come. Copyright 2009 Pearson Education, Inc., Publishing as Longman

Debates Over the Relationship of the National Government and the States: California’s Emissions Standard Battle with the EPA Impatient with the lack of action by the national government, in 2002 California required that vehicle carbon dioxide emissions be reduced by 30 percent starting in 2009 In 2003, the EPA ruled that carbon dioxide was not a pollutant and could not be regulated California has since sued the EPA Copyright 2009 Pearson Education, Inc., Publishing as Longman