What is Federalism? Pump Primer CHAPTER 6

CHAPTER 6: FEDERALISM

Objectives: 6-1: Define Federalism Differentiate delegated powers, implied powers, and reserved powers. 6-2: Describe the system or dual federalism that once existed in the United States Identify the significant events that enabled the federal government to dominate state governments. 6-3: Differentiate the three basic forms of federal grants-in-aid. 6-4: Identify the forces that maintain the separation between state and national governments. List problems that result from national grant-in-aid to state governments. CHAPTER 6

As Christians, in order to not defile ourselves. We need to be separate from the world's pleasures and pursuits; from all conformity to the corruptions of this present world. (2 Cor. 6:14-18; Rom. 6:11-15; I John 5:13-17) Biblical Integration

THE PARTITIONS OF POWER

Federalism is a system in which governmental power is divided into two or more levels. pp CHAPTER 6AMERICAN GOVERNMENT

National Power Delegated powers powers given to the national government by the Constitution that define the limits of its authority Enumerated powers ( Expressed powers Government powers specifically listed in the Constitution Implied powers Necessary and proper clause (“Elastic clause”) gives law-makers great leeway in making laws they deem “necessary and proper.” pp CHAPTER 6AMERICAN GOVERNMENT

State Power Reserved powers powers the Constitution withholds from the national government but does not withheld from state governments There is diversity among the fifty states Limits to state power Local governmental units Interdependence pp CHAPTER 6AMERICAN GOVERNMENT

During our country’s history, various forces have blurred lines of distinction and strengthened the national role at the states’ expense. pp CHAPTER 6AMERICAN GOVERNMENT

Constitutional and National Supremacy Supremacy Clause Article VI, Clause 2 national law is supreme to all other laws passed by the states or by the other subdivisions of government. government. pp CHAPTER 6AMERICAN GOVERNMENT

zz CHAPTER 6 The Division of Power Federal division of Power U.S. Constitution U.S. Supreme Court Decisions U.S. Laws and Treaties of Congress U.S. Administrative Regulations State division of authority: State Constitutions State Supreme Court Decisions State Laws State Administrative Regulations

DEVELOPMENTS IN FEDERALISM

Sovereign and Separate States’ rights Dual federalism A constitutional theory in which the national and state governments each have defined areas of authority, especially over commerce. Like a layer cake (the powers and policy assignments of the layers of government are distinct) Ended in the 1930’s (New Deal social programs changed the equation of federalism) pp CHAPTER 6AMERICAN GOVERNMENT

The Growth of Interdependence Civil War effects Industrialization Sixteenth Amendment (Income Taxes) Resulted in increased spending World War I New Deal Growing bureaucracies pp CHAPTER 6AMERICAN GOVERNMENT

Cooperative federalism A term used to characterize the relationship between the national and state government that began with the New Deal and emphasized a “working together” between national and state governmental entitles. Shared costs and administration States follow federal guidelines Liked a marble cake.(a system with mingled responsibilities and blurred distinctions between the levels of government.) pp CHAPTER 6AMERICAN GOVERNMENT

“New federalism” (Reagan Revolution) A concept to restore to state governments the responsibility for making and implementing policies. Cut taxes forcing states to pick-up the costs of some social programs Concept to restore to state governments the responsibility for making and implementing policies. The Unfunded Mandates Reform Act (1995) – requires Congress to fund mandates placed on the states unless a majority of the House and Senate vote not to do so. pp

FINANCING FEDERALISM

Grants-in-aid Categorical grants Block grants Revenue sharing pp CHAPTER 6AMERICAN GOVERNMENT

Categorical grants For a specific purpose Certain guidelines and requirements Formula grants: governed by demographic formulas Project grants: based on merit of application pp CHAPTER 6AMERICAN GOVERNMENT

The states are under no obligation to accept federal aid. Why do they so consistently accept federal aid? pp CHAPTER 6AMERICAN GOVERNMENT

Block grants Provides more flexibility Fewer regulations; less red tape Examples: secondary education or health services. pp CHAPTER 6AMERICAN GOVERNMENT

Revenue sharing Law providing for the distribution of a fixed amount of federal tax revenue to the states for almost any purpose. Added greatly to the federal debt Program ended in pp CHAPTER 6AMERICAN GOVERNMENT

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 pp CHAPTER 6

THE PROBLEMS OF FEDERALISM

Maintaining Federal Distinctions Constitutional obligations of national government to the states+ Honor states territorial rights Must guarantee each state a republican Must protect states from foreign invasion May intervene if a state needs help in suppressing domestic violence pp CHAPTER 6AMERICAN GOVERNMENT

Maintaining Federal Distinctions Political Forces Congressmen are responsible to the states and districts that elected them Political parties are built on the staet level and are somewhat independent of their national organization pp CHAPTER 6AMERICAN GOVERNMENT

Give and Take “The borrower is servant to the lender” National government has a greater voice in state and local policymaking Federal regulations Federal judges pp CHAPTER 6AMERICAN GOVERNMENT

Growing National Debt Federal aid to states 1970 = $24 billion 2000 = $300 billion Impact on states Accustom to the money Irresponsible spending pp CHAPTER 6AMERICAN GOVERNMENT

Competition for Funding Competition between states Not all states are equal More aggressive = more funds Economic Rival Frostbelt (Northeast and upper Midwest) vs. Sunbelt (old confederate states and Southwest) Political patronage = dominated party pp CHAPTER 6AMERICAN GOVERNMENT

Responsible citizens can still maintain the balance of the federal system if they assume responsibility for the course of their government. pp CHAPTER 6AMERICAN GOVERNMENT

Works Cited: Mike Slater-State Illegal Immigrant Laws vs The Supremacy Clause. YouTube.com. 21 Jun Web. 5 Sep The Grasshopper and Ant explain federalism. YouTube.com 24 May 2012 Web. 5 Sep The Necessary and Proper and Supremacy Clauses. YouTube.com. 9 May Web. 5 Sep CHAPTER 6