1. Federalism

2. Federalism
What is it?
Two or more governments, each of which have formal authority over the same area & people.

3. What does it do? Serves to decentralize both government & politics
Whatever power is given to the states is inherently given closer to the people, theoretically, and so recognizing states’ and/or local authority, decentralizes the power and gives swings the pendulum towards the states, and in turn the people.

4. Disaster Relief
Who’s job was it to clean up New Orleans and the rest of the coast after Katrina?
What were the local, state, and federal governments each capable of doing indepentently?

5. Who is in charge of Immigration?
What is a Sanctuary city?

6. Drivers License
Why can you use an Illinois License in Iowa?

7. Federalism
Policy: States can pass laws more appropriate to local interests
Allows states to be policy innovators: come up with new policy the nation may not be ready for as a whole
Think: Colorado

8. Federalism
Certain issues need to be national…

9. Federalism
While others are more appropriate for states…

10. Federalism
Potential problems…

11. Federalism FEDERALISM is in contrast with:
Unitary System: one, centralized government (e.g.,
Great Britain, China)
Is there any local authority in a Unitary system?
Confederate System: multiple, relatively independent governments unified in a loose confederation (e.g., U.S. under the Articles of Confederation, United Nations, European Union)

12. Federalism Constitutional Sources: Article VI: The Supremacy Clause --
“This Constitution, & the laws of the United States & all Treaties made shall be the supreme Law of the Land . . .”

13. Federalism 10th Amendment:
“The powers not delegated to the United States by this Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Delegated Powers: inherent, express/enumerated, implied
Denied Powers: e.g., tax exports, ex post facto laws
Reserved Powers: to the states
Concurrent Powers: e.g., taxation, eminent domain
Delegated Powers (enumerated powers)
powers given to Fed gov’t by Constitution
Expressed
Spelled out in the Constitution, ex. Power of Congress to declare war
Implied
Not written in Constitution, but reasonably suggested, Ex. power to build highways & roads
Inherent
Not written in Constitution, but belong to national governments; Protect the nation (preamble of the Constitution is where we as a country have declared the purpose of government)
Reserved Powers
state power alone (drinking age)
Concurrent Powers
shared (taxes)
Prohibited Powers
denied from both
Ex. Neither gov’t can tax exports among states
Neither gov’t can infringe on your rights…
See U.S. v. Darby (1941): in finding labor laws could be nationally regulated, Court held that states are not superior to the national government

14. Federalism Relative Power:
National power, in general, has mostly expanded over the years, to the extent that some argue “federalism” concept has not been followed
Continued on next slide

15. Federalism Relative Power:
The Necessary & Proper, or “Elastic” Clause:
“[The Congress shall have Power] to make all Laws which shall be necessary & proper for carrying into Execution the [enumerated] Powers, …
McCullough: state tax on national bank—Court said unlawful, national government had implied power (commerce, currency)
McCullough v. Maryland (1819): National government has “implied” powers

16. Federalism Relative Power:
The Commerce Clause (greatest single source of expansion of Congressional power):
Gibbons v. Ogden (1824): virtually all economic activity is considered as affecting interstate commerce
Commerce clause will later be used to justify, e.g., OSHA, minimum wage, child labor laws, food safety, rendering unlawful discrimination in hotels
Who cares? Why is it important?
Gibbons v. Ogden ruling makes a loop hole giving Congress power to take control over any issue involving the movement of people, or things
Ogden had a state license to operate in the Hudson River
Gibbons saw potential profit from multiple states and obtained a federal license to operate on the Hudson River
Gibbons won- increased Federal power!
But see, U.S. v. Lopez (1992): Gun Free School Zones Act – Rehnquist Court says limiting guns does not directly affect interstate commerce (in footsteps of Reagan’s “new federalism”) This shows the devolution of power back to the states

17. Federalism Relative Power:
Racial equality cases/laws confirm national supremacy over the states…

18. Federalism Relative Power:
In general, national power has been increasing, especially since New Deal & Civil Rights era, but…
Down somewhat in recent decades: conservative Republican Reagan (remember, conservatives prefer smaller government) led a “new federalism” movement, with devolution/deregulation (e.g. airlines)
Under Bush, a “new new federalism,” seeking smaller government in theory, yet more willing to step in if he sees states adopt a “too liberal” policy

19. Federalism Relative Power:
If there is a question regarding who has the power, who gets to decide?

20. Federalism State Obligations (Art. IV): Full Faith & Credit
Privileges & Immunities
Extradition
Full Faith Credit: public records, acts, court decisions, etc. (gay marriage a huge issue): NOT LAWS
Privileges and Immunities: many exceptions, e.g. college tuition

21. Federalism Types of Federalism:
Dual Federalism: each (national & state) has its own “sphere of influence” which are separate & distinct (pretty much ends w/ the New Deal) – think a layer cake…
National Government is Supreme
This system worked when commerce and trade were more local, with fewer goods crossing state lines. As business, manufacturing, communication improved, Congress became more and more interested in legislating business matters.
Organized labor also kicked in, focusing on regulating railroads, factories, and the banks as well as breaking up monopolies.

22. Federalism Types of Federalism:
Cooperative Federalism: levels of government share responsibilities- costs, administration, and regulation (more common today) – think a marble cake…
The federal grant program is the most obvious place that cooperative federalism can be seen…
Revenue sharing
Financial aid to the states
The marble cake idea comes from the fact that the lines are difficult to see. The federal government mixes with the state government and even with the private sector.

23. Federalism Types of Federalism:
Fiscal Federalism: when the national government uses funding to gain federal influence in areas traditionally belonging to the states…
Grants
Mandates
More on those…

24. Federalism Types of Grants:
First, note there are several types of grants provided to states through federal funding…
The largest of these by far are Categorical Grants, where you (the state) get $$$, but award is competitive, & you must follow our requirements (non-discrimination, environmental protection, or … other things…) and there’s two types of categorical grants:
Categorical grants= parents give you money to buy clothes with and specify you must buy jeans, black shirt, sneakers. 

25. Federalism Types of Categorical Grants:
Project Grants for…you guessed it…specific projects
grants for certain university research, NSF grants, etc.
Formula grants: $ based on some “formula”
population, per capita income, % rural population (types of formulas)
includes things like Child Nutrition funding, Medicaid, etc. (types of stuff you get the grant for)
The fight for formula grants is often focused on “what is the formula?”

26. Federalism Types of Grants:
Block Grants: general funds for broader purposes
homeland security (Safety)
Employment
Community Development
Block grants are larger than categorical grants, with fewer strings attached
Examples:
Comprehensive Employment Training Act (1973)
Community Development Block Grant (1974)
Here's money, go buy clothes. You pick but if you come home with Cheetos or video games you are in trouble.

27. Federal Mandates
Mandates can come from the people (politicians receive mandates that the electorate call for) or they can come from the government
Government mandates can be funded or unfunded
The following were federally mandated programs
Clean Air and Water Acts
Americans with Disabilities Act
Family Medical Leave Act
Endangered Species Act
No Child Left Behind Act / Every Child Succeeds Act
Welfare Reform Act of 1996
The difference between grants “with strings” attached and mandates is that states are required to comply with mandates, with or without allocated funds. Mandates come from the Executive, legislative, and judicial branches in the forms of Executive orders, legislation, and supreme court decisions.
Often concerned with Civil Rights or the environment.
Unfunded Mandates= go buy the same as above but use your own money (unfunded).

28. Federalism Fiscal Federalism:
The Mandate Problems: with the money comes certain…obligations…
Conditions are often placed on funds which allow the national government to influence policy areas traditionally left to the states…

29. Federalism Federalism Advantages:
More access to government for more people
Brings gov’t closer to people
Local problems solved locally
Allows for state gov’t to address issues in unique regions of the country
Hard for one party or interest group to dominate all policymaking bodies
States serve as “labs for democracy”
Allows states to experiment with policy before enacting it at the federal level
Ex. Vermont’s free health care for children
Built on compromise, promotes unity
Gov’t duties can be split up

30. Federalism Federalism Disadvantages:
Different levels of service (welfare, benefits, education)
Local interest can counteract national interest (consider Civil Rights)
States can impede progress of a nation
Too many governments, too much money?