The structure that worked Federalism The structure that worked

Our 1st Try: Confederation Regional (state) gov’ts have most of the power with a weak national government States are sovereign; national gov’t can do only what states permit Founders had a preference for state sovereignty but the Articles of Confederation showed them the system was unworkable Ex. Articles of Confederation, European Union Our 1st Try: Confederation

What we wouldn’t try: Unitary All gov’t power is in the central gov’t; states and localities are dependent on central gov’t Most common structure of gov’t (Ex. Britain) May be democratic or authoritarian Founders feared this structure would lead to a national gov’t so powerful it could become authoritarian Not feasible: people too attached to states; state would never give up all their power What we wouldn’t try: Unitary

What we kept: Federalism System in which national & regional (state) gov’ts share power Ex. U.S., Canada, Mexico No real examples when we created it Constitution doesn’t list state powers; when state and national gov’ts conflict national wins Division of power between levels intended to protect against tyranny What we kept: Federalism

Advantages of Federalism Federalism checks the growth of tyranny Federalism allows unity without uniformity; easy to add territory Federalism encourages experimentation; good for a diverse nation Federalism keeps government closer to the people Training for national officials More arenas for public participation The authors of the Constitution wanted to combine a central government strong enough to maintain order with strong states. The large geographical size of a country. State governments have served as training grounds for national politicians and as laboratories in which new ideas can be tested. Federalism allows for many political subcultures. Advantages of Federalism

Federal Systems Disadvantages Makes national unity difficult to achieve and maintain State governments may resist national policies May permit economic inequality and racial discrimination Law enforcement and justice are uneven Smaller units may lack expertise and money May promote local dominance by special interests In 1787, federalism was a compromise between centrists who supported a strong national government and those who favored decentralization. Confederation was unsuccessful and unitary was impossible given the attachment to state governments. Federalism has some advantages. First, U.S. citizens tend to connect federalism to freedom because any level can challenge any other level. Second, the nation is very diverse but federalism allows there to be differences on policy while also having the nation in common. Third, experimentation is possible in a federal system because states become laboratories of democracy. Fourth, leaders can cut their teeth on how to run governments at a lower level before they enter the national conversation. Finally, the number of levels allows citizens to be involved in their government as thousands of U.S. adults serve. Federalism has some disadvantages. First, dividing power means that national problems are not responded to quickly – Katrina, 9/11 are examples of this problem. Second, citizens have a hard time holding elected officials accountable because it is hard to see who is responsible when things go well or go badly. Third, there is conflict across state lines. Finally, the more variation in policies there is, the more inefficient the system works. Federal Systems Disadvantages

Number of Governments in the United States Over 89,000 governments in the United States today 3,143 With about 89,000 separate governmental units in the U.S. today, it is no wonder that intergovernmental relations in the U.S. are so complicated. Actually, the number of school districts has decreased over time, but the number of special districts created for single purposes, such as water, sewage, flood control, has increased from only 8,000 during WWII to over 37,000 today.

Snowball Fight 2 Truths and a Lie – You need 3 pieces of scrap paper. On 1 scrap write a truth about federalism. On 1 scrap write a lie about federalism. Roll them into a ball. Wait for directions. Snowball Fight

Clear separation of powers between national & state gov’ts Each sovereign in their own sphere Sometimes called Layer Cake Federalism Dual Federalism: 1790s to 1930s

Cooperative Federalism: 1930 - 1960 National & state gov’ts share functions & collaborate on national priorities such as infrastructure projects, job welfare, etc. Sometimes called marble cake federalism Federal money enables cooperative federalism Cooperative Federalism: 1930 - 1960

a.k.a. Creative Federalism: 1960 – 1980 Enabled by Fiscal Federalism began to overload cooperation with cross cutting regulations Began to bypass states and give grants directly to local governments Weakened the states

What trends do you see in these graphs? What is the broader impact? The expansion of federal- state cooperation happened through grants Categorical grants – federal funding for a specific purpose, often with strings attached May be project (VERY specific items) or formula grants ($ is distributed for a particular purpose through a pre- ordained formula) Grants provided federal $ form state run programs

Creative Federalism Advantages Carrot of $ allowed federal gov’t establish minimum national standards for highways, clean air States could denounce excessive federal tax & spending while claiming credit for state programs funded by federal $ States could avoid taxing their citizens Firms favor single national rule to 50 state rules Equalizes resources among states Attacks national problems without growing federal agencies Members of Congress act the hero by bringing home the $ for state projects Creative Federalism Advantages

Creative Federalism Disadvantages More & more mandates (strings) attached (e.g. transportation funds require states to raise drinking age to 21) States must pay part of the costs to gain federal funds Burdensome regulations & “red tape” (paperwork, etc.) Gave birth to intergovernmental lobbying for federal funds Unfunded mandates: rules w/o funds to implement rules (ex. ADA, Clean Water Act) Preemption: The right of a federal law or a regulation to preclude enforcement of a state or local law or regulation. Americans with Disabilities Act, 1990: requires businesses & state/local governments to provide the disabled with equal access to services, buildings without providing funds Creative Federalism Disadvantages

a.k.a. pineapple upside down cake or Competitive Federalism Devolution: moving authority from national to state gov’ts (ex. Welfare Reform Act ‘96) Block Grants: larger bundles of funds for a general purpose with fewer federal restrictions & more state/local discretion Revenue Sharing: federal gov’t puts up a % of funds with few to no restrictions Downside: increased difficulty for states to fulfill their new mandate Welfare Reform Acts of ‘95 & ‘96: eliminated some mandates, moved some categorical grants to block grants, gives states wide latitude in setting benefit levels, eligibility requirements, training programs, etc. No Child Left Behind increased the reach of the federal government Department of Homeland Security took on responsibilities that previously belonged to the state & local gov’ts New Federalism:1981 - ?

Supreme Court has provided some support for New Federalism States still tend to take federal $ when offered (ex. All states took ‘09 stimulus funds) Federal spending hasn’t slowed much & No Child Left Behind expanded reach of federal gov’t Public opinion behind past federalism phases changes and will likely guide where we go in the future (as the Founding Fathers intended) Public Education in North Carolina United States v. Lopez – struck down gun free school zones; Printz v. United States – struck down Brady bill background checks for gun buyers by law enforcement Where are we now?