Federalism Chapter 3

Governmental Structure Local and Federal Units of government  National Delegated Powers (expressed, enumerated)  Elastic Clause (implied powers)  States have reserved powers (education, elections)  Concurrent powers (borrow $, tax, law enforcement)  Obligations of each: National: Guarantee republican governments in each state; protect each state; granting new states same rights State: fulfill faith and credit clause; privileges and immunity clause; extradition

Controversy Surrounding Federalism States can block federal programs; state’s rights advocates Federalism provides for the unique political heritage of the U.S.; suits a heterogeneous population Allows flexibility for states to experiment with different ‘groups’ attaining power at the different levels

Mobilization of Political Activity Because of various governmental opportunities, citizens feel they can make a difference  Increased participation  Lower organizational costs

Founding of Federalism Government receives its power from the people Both state and federal government have independent authority Supreme Court interprets where and when federal government can intervene in state issues

Elastic Clauses Founders unable to make exact / exhaustive list of federal government power  Hamilton felt national government supreme  Jefferson felt ‘the people’ were ultimate sovereigns  Madison limited national government and saw state governments as having expansive powers

Debate on Federalism Civil War as final showdown between states’ rights and national supremacy Supreme Court as interpreter of Constitutional intent  Early Supreme Court supports Nationalists  McCulloch v. Maryland Expanded power of Congress Confirmed supremacy of the federal government in the exercise of those powers  Doctrine of nullification Virginia and Kentucky Resolutions Southern use in defense of slavery

… debate on Federalism… Dual Federalism  National government supreme in its sphere; state governments supreme in theirs Interstate commerce (Congress) Intrastate commerce (State)  Whose control is it under?  Currently, Congress can basically pass any laws it wants; dual federalism has disappeared

Federal – State Relations Grants –in –Aid  Federal funds for state projects National Needs  Less money for state projects, more for national interests – crime, healthcare, etc. (1960s) Intergovernmental Lobby  Want more money with less strings Categorical Grants vs. Revenue Sharing  Categorical grant: specific purpose defined by federal law  Block grant: grant for an entire field (community development); less restrictive  Revenue Sharing: money available to be shared Give more money to poor states

… federal – state relations Slowdown in Moneys  Rivalry between states Changing demographics Changing economic base Federal Aid and Federal Control  Fear the federal government will start running the programs they’re funding – conditions of aid  Mandates to state governments If a state takes federal money, they have to do what feds say (Civil Rights) Administrative nightmare Judges may enforce federal standards

States Response Some loosening in requirements for action  Welfare  education Continuing debate over who should control what ($, admin) Ongoing problem of interpreting the Constitution for division of responsibilities (10 th Amendment)

Federalism and Public Policy State and local governments still have huge amounts of authority/control Congress may seem to impede those governments but are trying to deal with their constituencies  See selves as representative to Washington, not necessarily as representatives from Washington  Ties to localities have loosened May not understand local concerns/priorities Special interest groups vs. all voters Social diversity  Congress can correct state abuse of citizen (ie. Voting rights)  Devolution