Federalism Power to the States?

Number of U.S. Governments

Federalism Is… A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states). A system where national and state governments each have defined powers, with some being shared by both and some being denied to both.

Why Federalism? Shared resources States know needs of people Allows unity without uniformity--one state’s needs are not another--Florida doesn't need help clearing snow Protects against a runaway federal government Encourages experimentation Allows states to administer federal programs Allows states to cooperate with each other Equalizes financial resources between rich and poor states

Reasons for the Growth of the National Government’s Power National Scope of Many Problems Dependency of the states on federal funds Unequal distribution of wealth within the states Inability of states to deal politically with some problems Statements of power to the national government in the Constitution –General welfare clause –Commerce Power –Defense of nation –Necessary and proper clause

Powers of the States

Denied Powers States cannot –Enter into treaties –Coin money –Impair obligation of contracts –Cannot enter into compacts with other states without congressional approval Congress cannot --Favor one state over another in regulating commerce --Cannot lay duties on items exported from any state

Major Responsibilities of the States Education laws Marriage Laws Voting and election laws Property laws Public Safety Laws Welfare of citizens Regulation of intrastate trade and business Establishment of local units of government Collection of state taxes

Dual Federalism Federal and state governments are co-equals, each sovereign Narrow interpretation of the Constitution Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, foreign affairs) State have greater role and powers (ex: public education, race relations)

What does dual federalism have in common with a layer cake?

Cooperative Federalism: New Deal Growth of the National Government National government clearly supreme over the states with wide interpretation of the “necessary and proper clause” (Article I, Sect. 8 of the Constitution, also known as the “elastic clause.”) Federal government intervenes or assists in some areas traditionally left to the states (ex: education, health care, civil rights) Began with the New Deal in the 1930’s

What does cooperative federalism have in common with marble cake?

New Federalism: Returning Power to the States New Federalism –Federal / state relationship proposed by Reagan administration during the 1980 –Returned administrative powers to the state governments –Reagan Revolution

New Federalism: Returning Power to the States The Devolution Revolution –Contract with America –Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform)

The Supreme Court: A Return to States’ Rights? From New Deal to 1980s: Court has generally expanded national authority at the expense of the states. Beginning in 1980s : Court interpretations altered –Willingness to allow Congress to regulate in a variety of areas waned –Webster v. Reproductive Health Services –Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) –U.S. v. Lopez (1995) –Bush v. Gore 2000

Grants in Aid A method to redistribute income, to remove gross inequality among states and its people Categorical Grants Project Grants Block Grants

Techniques of Federal Control Direct Orders –required by feds. Or face fines and cut-off funding-- e.g. cleanup the water & air, end discrimination Cross cutting requirements –Sets conditions before aid is granted hire minorities in proportion to the population on a federal highway project Cross Over Sanctions –Money is given on one program based on conditions of another Raise the drinking age to 21 or federal highway money will be cut off

Techniques of Federal Control Preemption –Federal regulations negate and supersede state regulations No Child Left Behind (NCLB) Unfunded Mandates –Require states to follow federal regulations without the federal government providing the revenues Federal law now prohibits unfunded mandates courtesy of The Contract with America

Federalism’s Ideological Arguments Conservatives –Would lessen federal control over states –Want no unfunded mandates –Think states are more sensitive to their citizen's needs –Think there will be less administrative costs –Like block grants--Let the states do what they want with the money –Let states administer federal programs--e.g.Medicare, Medicaid, welfare, food stamps –Believe in Reaganism, favor New federalism

Federalism’s Ideological Arguments Liberals –Don't think states have the resources or the willingness to do the job –Think the federal government is the watchdog for compliance for federal regulations-­OSHA, clean air, water –Think states lack expertise –Think states are parochial and don't care about the needs of the nation –Don't think states will raise the necessary revenues through taxes

Federalism’s Ideological Arguments –Think states will be unbalanced in what they can provide their citizens--rich and poor states have different resources (different tax bases) –Think states are dominated by conservatives –Favor categorical grants with strings attached –Favor The Great Society-federally controlled social programs (Medicare, American with Disabilities Act, 1965 Voting Rights Act)