1. Longman PoliticalScienceInteractive
Magleby & Light
Government by the People
Chapter 3
American Federalism
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2. Debates Over the Relationship of the National Government and the States: California’s Emissions Standard Battle with the EPA
Impatient with the lack of action by the national government, in 2002 California required that vehicle carbon dioxide emissions be reduced by 30 percent starting in 2009
In 2003, the EPA ruled that carbon dioxide was not a pollutant and could not be regulated
California has since sued the EPA
-Debate exists about who has the power to regulate.
-State govts often complain that the national govt is either taking over their control or controlling too much of what they do.
-Federal argument is that states are too slow to respond to citizens in areas such as civil rights, equality of opportunities, and more. -
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3. Defining Federalism Federalism
Constitutional arrangement whereby power is distributed between a central government and subdivisional governments (eg., states). The national and the subdivisional governments both exercise direct authority over individuals.
-Not to be confused with federalist/anti-federalist
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4. Versions of Federalism
Dual Federalism
Views the constitution as giving a limited list of powers to the national government, leaving the rest to sovereign states
Cooperative Federalism
Federalism as a cooperative system of intergovernmental relations in delivering goods and services to the people
Competitive Federalism
Views the levels of government as being in competition to provide packages of services and taxes
Marble Cake Federalism
“As the colors are mixed in a marble cake, so functions are mixed in the American federal system”
Dual Federalism: clear distinction of two separate institutions
Competitive Federalism: thousands of local govts. Competing against one another’s interests
Marble Cake: mixed set of responsibilities engaging all levels of govt
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5. Versions of Federalism
Permissive Federalism
Powers are shared, but state power rests upon the permission and permissiveness of the national government
“New Federalism”
Presumes that the power of the federal government is limited in favor of the broad powers reserved to the states
Permissive: sharing power and authority between the national and state govt, but state gets permission from natl’ govt.
New Federalism: developed during Raegan era. Federal power limited in favor of broad powers of the states.
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6. Alternatives to Federalism
Unitary system: all power vested in the national govt. (China)
Confederation: Loosely organized federal government (Articles of Conf.)
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7. Federalism and Confederation
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8. Why Federalism? Limit tyranny Training for national officials
Unity without uniformity
Encourage policy experimentation
Training for national officials
More arenas for public participation
-unity w/o uniformity: politicians and parties don’t have to iron out every divisive issue. Can be handled by states.
-Experementation: “laboratories of democracy” If programs succeed in one state, they can be adopted by others.
-Training for national officials: governors gaining executive experience to run for president.
-Arenas for public participation: makes govt closer to the people.
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9. Powers of State and National Government
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10. Powers of the National Government
Delegated powers
Implied powers
Necessary and proper clause
Express powers
Inherent powers
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11. Constitutional Pillars Enabling National Government Expansion
National supremacy article
Preemption
War power
Power to tax and spend
Federal mandates
Power to regulate interstate and foreign commerce
Commerce clause
Gibbons v. Ogden
United States v. Lopez
Gonzales v. Raich
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12. Powers of the States Reserve powers Concurrent powers
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13. Number of Governments in the United States
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14. Full faith and credit clause Interstate privileges and immunities
Interstate Relations
Full faith and credit clause
Interstate privileges and immunities
Extradition
Interstate compacts
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15. The Federal Courts and Federalism: McCulloch v. Maryland (1819)
Doctrine of Implied National Powers
“Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.”
“The power to tax involves the power to destroy…If the right of the States to tax the means employed by the general government be conceded, the declaration that the constitution, and the laws made in pursuance thereof, shall be the supreme law of the land, is empty and unmeaning declamation.”
Doctrine of National Supremacy
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16. The Great Debate: Centralists versus Decentralists
Centralism
Supporters: Chief Justice John Marshall, Presidents Abraham Lincoln, Theodore Roosevelt, and Franklin Roosevelt, and the Supreme Court for most of its history
Position: The central government should be denied authority only when the Constitution clearly prohibits it from acting
Decentralism
Supporters: Anti-Federalists, Thomas Jefferson, Supreme Court from 1920s to 1937, and Presidents Ronald Reagan and George W. Bush
Position: Views the Constitution as a compact among states that gives the central government very little authority
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17. The Supreme Court and the Role of Congress
Beginning in 1995, justices interested in granting more deference to state authority gained a slim five-to-four majority in the Supreme Court
The Constitutional Counterrevolution
A return to an older version of federalism not embraced since the constitutional crisis over the New Deal in the 1930s
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18. Regulatory Federalism
FEDERAL GRANTS:
Supply state and local governments with revenue
Establish minimum national standards (eg., highways, clean air)
Equalize resources among the states
Attack national problems, yet minimize the growth of federal agencies
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19. Types of Federal Grants
In 1996 there was a shift from categorical grants to block grants
2 types of categorical grants:
Formula grants
Project grants
Block grants
Far more flexible
Purposes of Federal Grants to State and Local Governments
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20. The Politics of Federal Grants
The Republican “Contract with America” called for devolution— the transfer of political and economic power to the states
For example: Welfare
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21. The Politics of Federal Grants: Devolution
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22. New Techniques of Federal Control
Total and Partial Preemption
Crossover Sanctions
Cross-Cutting Requirements
Direct Orders
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23. The Growth of National Government
Why has the power of the national government grown over the last two centuries?
Industrialization
Great Depression
WWII
Political leaders’ promotion of federal initiatives
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24. The Future of Federalism
During recent decades, state governments have become stronger than ever.
Increasingly aggressive on economic and environmental matters
Questionable effect on minority rights
Even so, the persistence of international terrorism, the wars in Afghanistan and Iraq, and rising deficits all ensure a substantial role for the national government in the years to come.
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