Federalism Divides the power of government within the levels of government (sep of powers) but also across governments (between state and national governments) Federalist 51: federalism = “double security against majority tyranny”

Other Forms of Government Unitary Government –Most nations have unitary governments Hierarchical power structure Authority lies with national government –Example: Britain Confederation –Members join together to achieve common goal Only has power lent to it by members Members can withdraw support at any time –Example: NATO, Confederate States of America

Federalism One national government, 50 state governments Result: Shared power between the federal government and the states. Examples: (Table 3.1) –Dual sovereignty

Validity of Federalism Basic Tradeoff between Unitary Government and Federalism –A more centralized system is likely to be more uniform, equitable, and accountable decentralized system is likely to be more democratic and flexible

Types of Federalism Dual Federalism (United States) –Layer cake federalism –Each level is independent and separate from the other Cooperative Federalism –Marble-cake Federalism –Interaction between various levels of government

Ways Federal Power Has Been Expanded –Supremacy Clause: national laws superior to state laws McCulloch v. Maryland (1819) –Commerce Clause: interstate commerce –Spending Clause: power of the purse –Necessary and Proper Clause (“Elastic Clause”)

Examples: South Dakota v. Dole (1987) –Drinking age U.S. v. Lopez (1995) –1990 Gun-Free School Zone Act Katzenbach v. McClung (1964) –Civil Rights Act of 1964

New Federalism Nixon: New Federalism –Underlined notion that states were being returned authority over their own funds, not granted license to spend federal money –Decentralization of power Reagan: New Federalism II –Control over federal programs would be shifted more to the states George W. Bush: –More state level control over policies (example: No Child Left Behind  More state level involvement and accountability)

Strength of Federalism Local control –Citizens place more trust in local government Proximity to Citizens –Some argue that local gov’t knows needs of people better than federal government Innovation and Experimental Lab –States are “laboratories of democracy”

Weaknesses of Federalism Allows local minorities to block the will of national majorities (civil rights) Justice varies from state to state (policies)

Effects of Federalism: Policy Decisions What level of government should make decisions about public policy issues? –Death Penalty –Gun Control Laws –Welfare –Education –Voting laws –Marriage –Alcohol/Tobacco/Drugs