FEDERALISM

Federalism  The division of power between the National and State levels of government NATIONAL GOVERNMENT STATE GOVERNMENT STATE CHARTERS

In a Federal System:  there are at least two levels of government that can make decisions independent of each other  the levels of government have a protected right to exist  United States, Canada, Australia, India, Germany, and Switzerland

In a Federal System:  The sub national (state) governments exist partly by Constitution by habits, preferences, and dispositions of citizens Actual distribution of political power in society

Federalism  The single most cause of distention between states and national government  Usual argument is whether the national government has the right to impose rule on the states or if the states should decide

Other Types of Government  Unitary- One level of government with local branches that may be altered or abolished such as Great Britain, Japan, Italy, and France

Federalism  Since the 104 th Congress it has been the national goal to shift responsibility back to states.  Known as Devolution  Today called devolution revolution

Woodrow Wilson  “the cardinal question of our Constitutional system” is the continuously changing relationship of the national and state governments.  Today- The states are to take on more of the domestic government in the devolution revolution- do Americans want this?

State Run Programs  Federal funds and regulations with state implementation occurs in these areas: Welfare programs Interstate highway system Urban renewal programs Employment and unemployment agencies Water and air programs National guard

Federalism: good or bad?  Laski: Federalism impedes progress of the nation for sectionalism  Riker: Federalism perpetuates racism  Elazar: Federalism allows for growth and change and gives flexibility to the system  Book: federalism allows individuals to take part and have ownership

The Founders  A Federal republic with both national and state having separate and independent powers.  Both equal in power  Never before done- no clear plan  10 th amendment gives power to the states but is not clear  Constitution article 1 section 10 only states what the states cannot do.

Founders  10 th amendment gives power to the states but is not clear  Constitution; Article 1, section 10 only states what the states cannot do.

The Elastic Clause  Interstate commerce was a provision of the national government.  Defining what was interstate and intrastate commerce was not possible  The elastic clause- that Congress could make all laws necessary and proper to carry out their given duties is known as the necessary and proper clause.

Nullification  Madison and Jefferson first introduced the doctrine of nullification in response to the alien and sedition acts.  John C. Calhoun used their arguments to oppose a tariff and later attempts to restrict slavery.  Doctrine of nullification used by the South to secede

DUEL FEDERALISM  National government supreme in it’s area  States supreme in their areas  The two should not mix.  Supreme Court could not decide on commerce question

State Sovereignty  U.S. V. Lopez- Congress went to far in banning guns in school zones  U.S. v. Morrison- the 1994 Violence against women Act is unconstitutional.-local issue  Printz v. U.S.- Federal government cannot require the states to carry out their regulatory program

State Sovereignty  Alden v. Maine- state employees cannot sue to require states to follow federal fair-labor laws  Fed. Maritime Commission v. S. C. Port Authority- expanded state immunity to lawsuits

State Sovereignty  Initiative- voters demand through petition for an issue to be placed on the ballot and voted on by the general public.  Referendum- the legislature places the issue before the public for them to decide  Recall- voters remove an elected official by asking for a new election

Federal-state relations  Grant-in-aid Land grants  For college  Canals and roads  Flood control projects Cash grants- intergovernmental lobby  Federal money  State run programs

Appeal of Grant –in -aid  Surplus money  16 th amendment income tax  Government controlled money supply  Politics- state governors could denounce federal spending while using federal funds.  All states get funding for the same things Ex: homeland security equipment

Categorical grants  Federal aid for a specific purpose  Shift is to revenue sharing and block grants  Revenue sharing- both fed and state put up percentages of the cost of a project

Block grants  Block Grants: several categorical grant programs in one grant with fewer restrictions More state power and control Few are given

Grants in Aid  Terms are set by the national government for the use of their fund called conditions of aid  The Fed. Government also has mandates  Conditions states must follow even if they do not get or use the grant money  Read and understand the section on mandates and conditions of aid.

Devolution  Block Grant Money from the National government to the states Used for certain programs Used by state discretion Broad Federal guidelines set by Congress or Federal Agencies