Federalism

How does power flow through our federal system of government? Essential Question How does power flow through our federal system of government? Federalism Activity

What is Federalism? Defining Federalism Intergovernmental Relations A way of organizing a nation so that two or more levels of government have formal authority over the land and people. Division and sharing of power between levels of government Intergovernmental Relations The workings of the federal system- the entire set of interactions among national, state and local governments.

Defining Federalism

Types of POWERS Expressed (enumerated) Implied (necessary and proper) Inherent “assumed” (acquisition of territory, foreign affair) Reserved (States only) Concurrent (shared)

Why is Federalism So Important? Decentralizes our politics More opportunities to participate Electoral system Decentralizes our policies Which government should take care of which problem? States can solve the same problem in different ways.

The Constitutional Basis of Federalism The Division of Power Supremacy Clause (VI) The U.S. Constitution Laws of Congress Treaties State Constitutions State Laws What gives the federal government more power! 10th Amendment: State’s Rights

The Constitutional Basis of Federalism

The Constitutional Basis of Federalism Establishing National Supremacy Implied Powers Commerce Powers The Civil War The Struggle for Racial Equality

The Constitutional Basis of Federalism States’ Obligations to Each Other Full Faith and Credit Clause Defense of Marriage Act 1996 (not included) Extradition Privileges and Immunities

Federalism Group Activity Get in groups of 3 Task: Your group will examine three case studies in which either the national government or a state government faced conflict in exercising its powers. After examining the facts and arguments, your group will determine whether, according to the U.S. federal system, a legitimate use of power exists.

Case Study # 1: Federalism and Gun Control Laws What interesting details do you see? What federalism issue do you think this photograph represents? Do you think the national government or the state governments should have the power to control guns near schools?

Case Study # 1: Federalism and Gun Control Laws Read the Case Study. Discuss within your groups and answer the questions at the bottom. Do you think the national government has the power to prohibit the possession of firearms near schools? Why or why not?

Case Study # 1: Federalism and Gun Control Laws

Case Study # 2: Federalism and Tobacco Advertising Laws What interesting details do you see? What federalism issue do you think this photograph represents? Do you think the national government or the state governments should have the power to regulate cigarette advertising?

Case Study # 2: Federalism and Tobacco Advertising Laws Read about federalism and tobacco advertising laws on Student Handout B. Do you think Massachusetts has the power to regulate tobacco advertising within its borders?

Case Study # 2: Federalism and Tobacco Advertising Laws

Case Study # 3: Federalism and Air Pollution Laws What interesting details do you see? What federalism issue do you think this photograph represents? Do you think the national government or the state governments should have the power to limit air pollution?

Case Study # 3: Federalism and Air Pollution Laws Read article and discuss questions with group!

Case Study # 3: Federalism and Air Pollution Laws Outcome of Alaska Department of Environmental Conservation v. EPA On January 21, 2004, the Supreme Court decided that the Environmental Protection Agency had the power to regulate air pollution in Alaska. In a 5-4 decision, the Court stated, the Clean Air Act gave the EPA the authority to override a state’s decision. • the EPA had enough evidence to reject Alaska’s claim that the state had required the best control technology available.

Post-Activity Discussion

Intergovernmental Relations Today Dual Federalism A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. Like a layer cake Ended in the 1930’s

Intergovernmental Relations Today Cooperative Federalism A system of government in which powers and policy assignments are shared between states and the national government. Shared costs Shared administration States follow federal guidelines

Intergovernmental Relations Today

Intergovernmental Relations Today Fiscal Federalism The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments. $600 Billion Figure 3.2

Intergovernmental Relations Today Federal Grants to State and Local Governments (Figure 3.1)

Intergovernmental Relations Today The Grant System Categorical Grants: grants used for specific purposes with strings attached. Types of Categorical Grants Project Grants: based on merit , competition (most common) Formula Grants: amount varies based on formulas Block Grants: Federal grants given more or less automatically to support broad programs. Grants are given to states & local governments

Intergovernmental Relations Today Fiscal Federalism continued The Scramble for Federal Dollars $400 billion in grants every year Universalism - a little something for everybody The Mandate Blues Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant. Unfunded mandates are requirements on state & local governments - but no money

Understanding Federalism Advantages Increasing access to government Local problems can be solved locally Hard for political parties / interest groups to dominate ALL politics Disadvantages States have different levels of service Local interest can counteract national interests Too many levels of government - too much money What are the benefits and drawbacks of a federal system?

Understanding Federalism State Welfare Benefits (Figure 3.3)

Understanding Federalism Spending on Public Education (Figure 3.4)

Understanding Federalism

Understanding Federalism Federalism and the Scope of Government Which level of government is best able to solve the problem? Which level of government is best able to fund solutions to the problem?