Federalism - A system in which powers are divided between a central (National) government and smaller units such as states. - Some powers are… - left to the states - shared between the states and central government, - granted to the central government alone

Delegated Powers: Powers that belong only to the federal government. Reserved Powers: Powers that are reserved to the states. Concurrent Powers: Powers that the federal government and the state governments exercise at the same time.

Federalism in the Constitution Constitution makes the power of the central government clear in certain matters Supremacy Clause - “This Constitution …. shall be the supreme Law of the Land…” (Article VI)

The Supremacy Clause (Article VI, Section 2) City and County Laws State Statues (laws) State Constitutions Acts of CongressUnited States Constitution The U.S. Constitution is the “Supreme Law of the Land.” If there is a conflict between a lower law and a higher one, the higher one “wins.”

o The Constitution itself, the laws and treaties of the US are the supreme law of the land o take precedence over state laws and constitutions o Article I, Section 8 – enumerates what laws Congress has the power to pass

Federalism in the Constitution Reservation Clause – declares powers not delegated to the central government or prohibited to the states are reserved to the states or to the people “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Amendment X

Constitutional Power Division Federal Powers

State Powers

Concurrent Powers Powers under the Constitution that are shared by the federal government and the states 1.Tax 2. Borrow money 3. Establish courts 4. Provide public safety 5. Make and enforce laws 6. Charter banks and corporations 7. Spend money for the general welfare 8. Take private property for public purposes, paying just compensation in return

Relations Between the States also known as horizontal federalism – the Constitution also regulates the relationships between states Full Faith and Credit Clause: Article IV, Section 1 Requires states give “full faith and credit” to each other’s “public acts, records, and judicial proceedings.

Relations Between the States Article IV also specifies that citizens of each state are entitled to all the “privileges and immunities” of each state a group of states can create agreements, called interstate compacts, to solve mutual problems these must be approved by Congress

Examples include agreements on… Pollution control Crime prevention Transportation Disaster planning

National vs. States’ Position Nationalist – believe the Constitution created a system in which the national government is supreme, relative to the states, and that granted to it a broad range of powers and responsibilities Constitutional points: - supremacy clause- The clause in United States Constitution's Article VI, stating that all laws made furthering the Constitution and all treaties made under the authority of the United States are the “supreme law of the land.”

“necessary and proper” clause (elastic clause) Article 1 Section 8 gives Congress the authority to make whatever laws are necessary and proper to carry out its enumerated responsibilities Enumerated powers powers of the federal government specifically mentioned in the Constitution

States’ Rights Position Believe that the Constitution created a system of dual sovereignty in which the national government and the state government are sovereign in their own sphere Supporters argue that the Constitution was… created as a compact between states the framers meant for the states to be equal to the national government

Layer Cake vs Marble Cake Layer Cake Federalism – metaphor for dual federalism in which state and national powers are neatly divided into separate layers. The federal government deals only with national issues (defense, foreign policy, commerce, mail) The state governments deal with local matters (economic regulation, criminal law, services)

Marble Cake Federalism – elements of national and state influence swirl around each other, without very clear boundaries federal and state gov’ts are densely intertwined much of this intertwining is a result of financial links among national and state gov’ts

Fiscal Federalism The transfer of money from the national government to state and local governments

Types of Funding Grants-in-Aid  funds from the national government to state and local governments to help pay for programs created by the national government  these federal grants have increased to deal with nationwide problems - interstate highways, poverty, crime, pollution  policy is set at national level and provides $$ from tax revenues, while state and local gov’t carry out the policies

Categorical Grants Federal aid to states and localities clearly specifying what the $$ can be used for Often some ambiguity about how to carry out the policies  if national rules and guidelines are vague, state and local governments used $$ for purposes other than what Congress intended  if national gov’t tightens up rules surrounding policies, state and local gov’ts complain about “red tape”  if Congress bypasses state and local gov’t, state and local complain about being undermined

Categorical Grants To reduce federal gov’t power regarding categorical grants, Presidents Nixon and Ford instituted ‘Block Grants’ Block Grants: - federal $$ given to the states to be used for general activities (secondary education or social welfare for example) with fewer rules than categorical grants

When Fiscal Federalism Causes Conflicts Conditions - provisions in federal assistance requiring that state and local gov’ts follow certain policies in order to obtain federal funds In theory, conditions are “voluntary” because states can refuse the aid In actuality, states cannot afford to refuse federal aid

Examples Provisions of the 1964 Civil Rights Act - declare no federal aid of any kind can be used in ways that discriminate on grounds of race, gender, religion, or national origin. Was an important factor in desegregating schools 1970’s Energy Crisis – states were required to impose a 55 mph speed limit or lose some highway assistance funds. Ended in – all states were required to set a minimum drinking age of 21 or have highway aid cut 15%

Conflicts con’t Mandates – a formal order from the national gov’t requiring the states carry to out certain policies even if little or no aid is offered An “unlawful mandate” involves no aid at all, or less aid than compliance will cost These are especially important in the areas of civil rights and the environment - Equal Protection Clause in 14 th Amend. (federal) - environmental regulations come from the nat’l gov’t because environment issues cross state lines (dirty air, polluted water, acid rain etc.)

Examples from federal gov’t Mandated expensive reforms for overcrowded prisons Special facilities for the disabled Established environmental protection agencies Limited kinds and amounts of pollutants that can be discharged  States often complain that federal mandates require state spending without providing $$

Federalism Pro and Con Pro – Diversity of Needs Con – Importance of National Standards country is large with many diverse populations and needs; states can enact policies to meet their own needs. Example: fuel mileage standards and out of state tuition – the needs that different states pursue may not be worthy ones. One main effect of federalism was to let white majorities in southern states enslave then discriminate against black people

Pro – Closeness to People Con – Low Visibility and Lack of Popular Control state/local gov’ts may be closer to citizens. Citizens can know officials better, be aware of what officials are doing, contact them, hold them responsible for political actions most people are more informed about the federal gov’t than state - more participate in federal elections than state - more people know what gov’t is doing  more people vote  better able to insist gov’t does what they want - Responsiveness to citizens may be greater at the national level

Pro – Innovation and Experimentation Con – Spillover Effects & Competition Individual states can try out new ideas; experiment Other states or national gov’t can then adopt those ideas - allowing women & 18 year olds the vote - reforming welfare - air & water pollution reform Different regulations can cause bad effects that spill over into other states - factories in the midwest can spew oxides of nitrogen & sulfur  acid rain falls in northeast  northeast states have no recourse