Pearson Education, Inc. ©2005 Chapter 3 FEDERALISM: STATES AND NATION

Pearson Education, Inc. ©2005 State Attorneys-General Stretch the Boundaries  Traditionally, state attorneys-general focused their attention on issues pertaining to their own states.  However, in the last decade, state attorneys- general have dramatically expanded the scope of their activities.  Examples

Pearson Education, Inc. ©2005 State Attorneys-General Stretch the Boundaries  Lessons: Federalism is always changing.Federalism is always changing. Even at a time when the national government has become extremely powerful, states remain important players.Even at a time when the national government has become extremely powerful, states remain important players.

Pearson Education, Inc. ©2005 Forms of Government  Federalismsignificant government powers are divided between the central government and smaller governmental units  Federalism — significant government powers are divided between the central government and smaller governmental units  Confederationconstituent units or states retain ultimate authority and can veto major actions of the central government  Confederation — constituent units or states retain ultimate authority and can veto major actions of the central government  Unitarycentral government exercises all governmental powers and can change its constituent units  Unitary — central government exercises all governmental powers and can change its constituent units

Pearson Education, Inc. ©2005 Federalism as a System of Government  American federalism involves a multiplicity of governing levels and units.  Federalism is not a common way of organizing governments around the world.  There are no neat boundaries among different forms of government.

Pearson Education, Inc. ©2005 The Roots of Federalism  Modern federalism is largely an American invention.  Most federal systems are found in countries that are large and diverse.  Unitary government is the most common form of government today.

Pearson Education, Inc. ©2005

Federalism in the Constitution  Independent State Powers Supremacy ClauseSupremacy Clause –Article VI Enumerated PowersEnumerated Powers –Article I, Section 8 Reservation ClauseReservation Clause –10th Amendment

Pearson Education, Inc. ©2005  Amending the Constitution  House of Representatives  Senate  Electoral College The State’s Roles in National Government

Pearson Education, Inc. ©2005 Horizontal federalismHorizontal federalism “Privileges and immunities” (Article IV)“Privileges and immunities” (Article IV) Interstate compactsInterstate compacts Relations Among the States

Pearson Education, Inc. ©2005 The Evolution of American Federalism  Despite many ebbs and flows in the relative power of the states and national government, eventually the national government gained ground. Economic crises generate pressures for greater national government role.Economic crises generate pressures for greater national government role. War also spurs greater national government role.War also spurs greater national government role. Problems arose that were best solved by the national government (e.g., pollution, the denial of civil rights)Problems arose that were best solved by the national government (e.g., pollution, the denial of civil rights)

Pearson Education, Inc. ©2005 The Perpetual Debate About the Nature of American Federalism  The Nationalist Position Focus on:Focus on: –“supremacy clause” –“elastic”/ “necessary and proper clause”  The States’ Rights Position Focus on:Focus on: –“dual federalism”

Pearson Education, Inc. ©2005 Federalism Before the Civil War Nullification effortsNullification efforts The Marshall CourtThe Marshall Court –McCulloch v. Maryland (1819) –Broad reading of necessary and proper clause (Article I, Section 8) Limiting and preempting the StatesLimiting and preempting the States –Contract clause (Article I, Section 10) –Preemption

Pearson Education, Inc. ©2005

The Civil War and the Expansion of National Power Decisive establishment of indissoluble UnionDecisive establishment of indissoluble Union Civil War AmendmentsCivil War Amendments –13th Amendment –14th Amendment –Due process clause –Equal protection –15th Amendment Emergency PowersEmergency Powers

Pearson Education, Inc. ©2005 Expanded National Activity Since the Civil War  The Late 19th Century to WWI  The New Deal  World War II  The Post-War Period  Supreme Court Support for Nationalism

Pearson Education, Inc. ©2005 Resurgence of the States in the 1990’s  Growing state share of public spending  Growing state share of public employees  Growing popularity of “devolution”  Role of the Rehnquist Court  Role of Clinton and the 104th Congress

Pearson Education, Inc. ©2005 Terrorism and the Resurgence of the Federal Government  The terrorist attacks of September 11, 2001 and the subsequent war on terrorism helped refocus public attention on the national government.  This tendency likely will be further exaggerated by the perceived need for homeland security.

Pearson Education, Inc. ©2005 “Marble Cake” Federalism  Often used as a metaphor for cooperative federalism  Elements of national and state influence swirl around each other, without clear boundaries.

Pearson Education, Inc. ©2005 National Grants-in-Aid to the States  Grants-in-aid are federal funds allocated to states and local governments.  Origin and growth of grants 1787 Northwest Ordinance1787 Northwest Ordinance s s 1950s-1970s1950s-1970s 1980s1980s 1990s1990s

Pearson Education, Inc. ©2005  Categorical Grants   The “New Federalism” (Nixon & Ford) Block grantsBlock grants General revenue sharingGeneral revenue sharing

Pearson Education, Inc. ©2005 Debates About Federal Money and Control  Many contemporary facets of federalism involve questions of money and control. require states to spend grant money in certain ways if they want to receive federal funding.Conditions on aid — require states to spend grant money in certain ways if they want to receive federal funding. require the states to carry out certain policies, even when little or no national government aid is involved.Mandates — require the states to carry out certain policies, even when little or no national government aid is involved.

Pearson Education, Inc. ©2005 U.S. Federalism Pro and Con U.S. Federalism — Pro and Con  PRO: Diversity of NeedsDiversity of Needs Closeness to the PeopleCloseness to the People Innovation and ExperimentationInnovation and Experimentation Training Ground for Women and Racial MinoritiesTraining Ground for Women and Racial Minorities

Pearson Education, Inc. ©2005

U.S. FederalismPro and Con U.S. Federalism — Pro and Con  CON: The Importance of National StandardsThe Importance of National Standards Low Visibility and Lack of Popular ControlLow Visibility and Lack of Popular Control Spillover Effects and CompetitionSpillover Effects and Competition