Federalism Chapter 3

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

FEDERALISM CLARIFIED? In Federalism The same people and territory are included in both levels of government; The nation’s constitution protects units at each level of government from encroachment by the other units; And, each unit is in a position to exert some leverage over the other. In American Federalism, 5 separate levels of government National State County Municipal, townships, and towns School districts, special taxing districts.

UNDERSTANDING FEDERALISM

FEDERALISM V. UNITARY GOVERNMENT CENTRAL GOVERNMENT HOLDS PRIMARY AUTHORITY REGULATES ACTIVITES OF STATES SHARES POWERS WITH STATES STATE GOVERNMENT LITTLE OR NO POWER DUTIES REGULATED BY CENTRAL GOV’T SHARES POWER WITH CENTRAL GOV’T CITIZENS VOTES FOR CENTRAL PARTY CANDIDATES VOTES FOR BOTH STATE AND CENTRAL PARTY CANDIDATES

DEFINING FEDERALISM Why is Federalism So Important? Decentralizes our politics More opportunities to participate 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 The U.S. Constitution Laws of Congress Treaties State Constitutions State Laws Supremacy Clause-Article 6 of Constitution = conttn, national laws, and treaties are SUPREME over state laws AS LONG AS national government is acting within its CNTTTNAL powers enumerated powers = Article 1, section 8 ‘implied powers’ Elastic Clause [final paragraph] POWER OF COMMERCE CLAUSE

THE CONSTITUTIONAL BASIS OF FEDERALISM BASIS FOR THIS CHART FOUND IN CNTTN, ARTICLE 10

THREE SIGNIFICANT SUPREME COURT CASES McCulloch v. Maryland Could Congress charter a national bank? Could states tax the national bank? Gibbons v. Ogden (1824) Heart of Atlanta Motel v. US, technically not a federalism case McCulloch v. Maryland Could Congress charter a national bank? Yes, even though this power is not explicitly in the Constitution. Could states tax the national bank? No, because “the power to tax is the power to destroy.” In Gibbons v. Ogden (1824), The Court defined commerce broadly, to include all “intercourse” between states. In Heart of Atlanta Motel v. US, technically not a federalism case, the Court upheld the Civil Rights Act of 1964 using the Commerce Clause. This greatly expanded federal power.

THE CONSTITUTIONAL BASIS OF FEDERALISM States’ Obligations to Each Other Full Faith and Credit Article IV, Section 1: Requires each state to recognize official documents and civil judgments rendered by courts of other states Extradition Alleged criminal offender is surrendered to officials where crime is alleged to have been committed Privileges and Immunities Article IV, Section 2: Citizens of each state have most of the privileges of citizens of other states

INTERGOVERNMENTAL RELATIONS YESTERDAY Dual Federalism Definition: 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 [Shared] Federalism Definition: 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 Fiscal Federalism continued The Grant System: Distributing the Federal Pie Categorical Grants: Federal grants that can be used for specific purposes. They have strings attached. REFER TO HANDOUT FISCAL FEDERALISM AT END OF POWER POINT NOTES HANDOUT CATEGORICAL GRANTS = To states for specific purposes of state or local spending STRINGS = 1] non discrimination provisions 2] use of union labor 3] CROSS OVER SANCTIONS = $ for roads BUT limit age to drink or speed limit PROJECT GRANTS = Specific purposes BUT CONTAIN SOMETIMES “CROSS CUTTING REQUIREMENTS” $ for programs but denial if problems in another area exists EXAMPLE = COLLEGE RESEARCH GRANTS AND ADHERENCE TO TITLE 9 [women in sports] FORMULA GRANT = categorical grants but distributed by Congressional formula {% of certain groups, etc] BLOCK GRANTS = $ to states / local governments for broad programs-’COMMUNITY DEVELOPMENT / SOCIAL SERVICES’ but STATES or LOCAL GOVT determines where it exactly goes

Two Historical Transfers of Power TWO “NATIONALIZATIONS” FDR and The New Deal [1930’s] Comprehensive sets of economic regulations and relief programs intended to fight the Great Depression Took two basic forms-regulation and finance of state actions. Funding of program Examples of programs Works Progress Administration Civilian Conservation Corps Social Security Authority to do so found where? FDR and The New Deal [1930’s] Comprehensive sets of economic regulations and relief programs intended to fight the Great Depression Took two basic forms-regulation and finance of state actions. FDR and democrats agreed to fund as much as 90% of state programs for relief and make-work programs. All 48 states agreed and signed up Works Progress Administration Civilian Conservation Corps Social Security All power to do this was justified under the commerce clause.

LBJ AND THE GREAT SOCIETY [1960’S] LBJ’s two wars: Vietnam War on Poverty Categorical grants Subsidized state programs that concurred with national goals. Grants--- ‘ strings attached’.

WHY NATIONALIZATON? Probability of more sympathetic treatment in Washington AND ACCESS TO MEDIA Easier to lobby one place that fifty state governments. EXAMPLES OF ‘NATIONALIZATION’ GUN CONTROL HAZARDOUS WASTE DISPOSAL SPECIAL EDUCATION PROGRAMS MADD AND NATIONAL DRINKING AGE ENVIRONMENTAL ISSUES REVERSE OF NATIONALIZATION ROE V. WADE 1973 [HANDOUT page 87] SEE HANDOUT: STATES AND ABORTION RESTRICTIONS NATIONALIZATION = LOSS OF STATE / LOCAL POWER / LAWS

Intergovernmental Relations Today Fiscal Federalism Definition: 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. Figure 3.2

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 for Democracy Increasing access to government Local problems can be solved locally Hard for political parties / interest groups to dominate ALL politics Disadvantages for Democracy States have different levels of service Local interest can counteract national interests Too many levels of government - too much money

AND THEN THE LOPEZ CASE 1995 Supreme Court decision Challenged a federal law “Gun-Free School Zone Act of 1990. Basis for law was Commerce Clause. Vote was 5-4 [Kennedy and O’Connor] Encroached too much on state sovereignty An attempt to limit ‘private conduct’ Did not make broad based statement about any other federal laws that might ‘encroach’ like the Clean Water Act

AND THEN The Printz and Mack Cases – 1997 Challenged the Brady Law [background checks by local sheriffs required to own a gun] Supreme Court said violation of Commerce Act

AND THEN US v. Morrison -2000 Supreme Court overturned the 1994 Violence Against Women Act Court stated that gender crimes did not equal a “Commerce” issue”