Federalism Chapter 3

What is Federalism?  A way to organize a nation so that 2 or more levels of government have formal authority over the same land and people.  A system of shared power between units of government  Only 11 of 190 countries have federal systems  Most govts in the world are Unitary Govts  All power rests with the central govt  See table 3.1 in Lineberry (pg. 67)

Why is federalism important?  Decentralizes our politics  More layers of govt, increased political participation, more opportunities for all to have public policy demands met  Decentralizes our policies  Long history of tension between states and national govt about policy

The Constitution and Federalism  When there is a disagreement between the national and state government, who prevails?  Clarified by Article VI of the Constitution = Known as the Supremacy Clause  Constitution, national laws, and treaties take precedence over state laws  Where does the national govts power end?  Tenth Amendment – powers not delegated to the US not prohibited by the states are reserved to the states or the people.  See table 3.2 in Lineberry (pg. 71)

The Constitution and Federalism  Why does the national govt appear to have gained power relative to the states?  Implied Powers ( McCulloch v. Maryland)  The Court held that the power to create a national bank was supported by the Elastic Clause, but that states did not have the power to tax a national bank as that would put state law above federal law.  Constitution was meant to permit Congress to use all means “necessary and proper” to fulfill its responsibilities (elastic clause)  Supremacy of the natl. govt. over the states  Natl. govt. has certain implied powers that go beyond its enumerated powers  Enumerated powers v. Implied powers

The Constitution and Federalism  Commerce Power ( Gibbons v. Ogden) “commerce clause that allowed the federal government to regulate commerce, in this case trade, wherever it might be, including within the borders of a state”  The Supreme Court defined commerce very broadly to be almost every form of commercial activity  Civil War  a struggle of states rights, and settled what McCulloch v. Maryland said (militarily)  Racial Equality (Brown v. Board of Ed)  School Segregation is unconstitutional. States resisted desegregation and state v. natl. govt. on equality issues decided by the natl. govt.

States responsibilities to each other  Full faith and Credit  Article IV, Section I, states must recognize all official documents and civil judgments from other states.  Extradition  In criminal situations, a state must surrender a criminal to the state in which they have been accused of a crime  Privileges and Immunities  Article IV, Section II, states must provide citizens of other states same privileges and immunities

Dual v. Cooperative Federalism  Dual = national and state govt.’s remain supreme within their own sphere, each responsible for some policies (i.e. “layered cake, states cannot make treaties)  Cooperative = power and policy assignments are shared between the state and natl. govt. (i.e. marble cake, income tax)

What is Fiscal Federalism  Pattern of spending, taxing, and providing grants in the federal system  Categorical Grants - it is given with strict conditions -- that is, it must be used for a specified purpose by the states (i.e. Food Stamps)  Project Grants – disease/ medical research  Formula Grants - Congress gives each state a proportion of the grant that is determined by plugging the state's characteristics into a formula that is specific to the grant. (state’s demographics)  Block Grants - give money to state governments from Congress, but they do not have as many specifications for the use of the funds  Mandates come with grants