Chapter 3: Federalism

Matching: Federalism Types FEDERALISM, COOPERATIVE FEDERALISM, FISCAL FEDERALISM, DUAL FEDERALISM, NEW FEDERALISM 1. National and state governments are completely separate and should be kept separate 2. How revenue sharing is determined among/between levels of government 3. National and state governments sharing authority and/or powers 4. Devolution: certain powers should be transferred from the national govt. back to the states 5. National, state, and local governments work collectively to solve common problems rather than making policies separately

Federalism: the sharing and division of power between national, state, and local government

Introduction Anti federalists feared the power of the national government -concerns realized throughout American history (Ex: Education) Shared power between federal and states allows both to influence policy Intergovernmental disputes rose over slavery. Business and Social Welfare Debates - Does the federal govt. have the right to intervene?

Founder’s Plan 10 th Amendment (Bill of Rights) limits the national govt. - states the Constitution's principle of federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people Supreme Court has used the 10 th Amend. to give more state sovereignty.

RIGHT SIDE: You feel that in order to run an effective and non conflicting government, the national government, state governments, and local governments should have clearly separated powers and must operate within their own matters concerning these powers. LEFT SIDE: You feel that in order to run an effective and non conflicting government, the national government, state governments, and local governments, ALTHOUGH HAVING SEPARATE POWERS, must cooperate and work together on certain powers and matters for the best interest of the citizens.

Federalism COOPERATIVEDUAL

Dual Federalism Both national and state governments are supreme in their “own spheres” - spheres should be kept separate Printz v. U.S Federal law requiring background checks for gun purchase was ruled to violate the 10 th Amendment * States can do anything that is not prohibited in the Constitution or by the federal govt. Police power: states’ power to put laws and regulations into place for safety, health, and morals (education, criminal codes, etc.)

Cooperative Federalism National, state, and local governments interact cooperatively to solve common problems, rather than making policies separately Ex: Interstate v. Intrastate Commerce Gibbons v. Ogden Constitution’s commerce clause gives national govt. power to regulate interstate commerce - expanded federal power!

Fiscal Federalism How revenue sharing is determined among/between levels of government

New Federalism/Devolution movement to transfer responsibilities of governing from federal to state and local governments Trend since 1980s and 1990s Governors are looking to reduce budgets by reducing public employee benefits.

Systems of Government Unitary: federal/central government has starting authority Confederate: state governments have starting authority Federal: federal, state, and local governments share authority

McCulloch v. Maryland 1819 Could Congress charter a national bank? YES, via the commerce clause… to regulate commerce & money AND under the “necessary and proper” clause (elastic clause) - Article 1 of Constitution: “allowing Congress to pass all laws necessary and proper to its duties.” Could states tax a federal bank? NO, due to the Supremacy Clause **Increased federal power!

Nullification states had the right to declare null and void a federal law that they believed violated the Constitution - issue was settled by the Civil War - union is indissoluble, states can NOT nullify federal law Supreme Court later confirmed this position.

What States Can Do Education, healthcare, social welfare, criminal justice and law enforcement, roads/highways, taxes State Constitutions -Initiative (50% of states): voters can place a legislative measure on a ballot by a 5-15% amount of signatures of past election voters (petition) -Referendum (50% of states): voters can reject a piece of legislation passed by state legislature on a ballot -Recall (only 20 states): voters can remove an elected official from office

The Contemporary Politics of FederalismFederalism SHOW INTRO., BASICS, & IN THE REAL WORLD!

Grants-In-Aid Money given to the states by the national government Allows federal government to spend money for purposes not authorized by the Constitution. 1960s shifted from state interests to national interests State and local lobbyists want less strings attached Attractive to states for the following reasons Federal budget surpluses Federal income tax increased revenues Federal control of money supply “Free” money to states

Types of Grants-in-Aid Categorical grants: federal grants for specific purposes (specific categories) (airports, bridges, highways, education) Often require local matching funds National govt. has more power State agencies live and die off these Supervising committees in Congress favor these type of grants.

Types of Grants-in-Aid Block grants: large amount of money given to the states by the federal government with state freedom to use for “general use” purposes (few restrictions) States prefer these rather than categorical Grew more slowly due to the differences between the political coalitions that supported each.

Project Grant Categorical grants that fund specific projects and services within the states

Formula Grant Categorical grants allocated based on a “decision rule” Purpose is to allocate funding based on “quantifiable” variables (X amount of dollars per public school pupil)

Federal Aid & Federal Control Conditions of aid: terms/conditions set by the national govt. in order to receive federal funding Mandates: Federal rules that states must obey whether or not they receive federal grants Ex. Civil rights and environmental protection Waivers can exempt some parties Can result from court decisions (desegregation)

Incorporation Doctrine Certain amendments in the Bill of Rights MUST apply to states, not just be protected under national circumstances (1 st, 4 th, 5 th, 6 th, 8 th, 9 th, 14 th, 15 th ) Began in 1920s Constitutional Doctrine to “incorporate” rights Bill of Rights provisions were made to protect from federal abuses. 14 th Amendment extended the Bill of Rights to the states via the due process clause.