1. Prentice Hall PoliticalScienceInteractive
Magleby et al.
Government by the People
Chapter 3
Special Topic
Evolution of American Federalism
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2. Defining Federalism Federalism
Constitutional arrangement whereby power is distributed between a central government and subdivisional governments called states in the United States. The national and the subdivisional government both exercise direct authority over individuals
“Look, the American people don’t want to be bossed around by federal bureaucrats. They want to be bossed around by state bureaucrats”
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3. Historical Markers in the Development of American Federalism
McCulloch V. Maryland and the Necessary and Proper Clause
Succession and the Civil War
National Guarantees of Civil Rights
The Expansion of Interstate Commerce
The Income Tax and Federal Grants
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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.”
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5. Versions of Federalism
“Our Federalism”
Presumes that the power of the federal government is limited in favor of the broad powers reserved to the states
Permissive Federalism
Powers are shared, but state power rests upon the permission and permissiveness of the national government
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6. Why Federalism?
Protecting liberty; checks growth of tyranny; diffuses power
Unity without uniformity; states have “breathing” room
Encourages states to “experiment”
Keeps government closer to the people; multi levels of involvement (local, state, federal)
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7. Powers of the National Government
Express Powers: specific; found in the Constitution
Implied Powers: Inferred; not listed in Constitution; depends on how it is interpreted (living document)
Inherent Powers:
Article VI (Constitution is supreme law of the land)
War Powers : power to wage war
Interstate Commerce (sold, transported, etc..across state lines and/or with other nations)
(sanctions to other countries…)
→ Congress has the power of the “purse”; power to tax and spend
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8. Powers of the States
Concurrent Powers (powers that the Constitution gives to both the national and state governments)
Examples: both state and national can tax income, alcohol, gasoline (look at your phone bill, cable, etc..and you will find state and federal taxes)
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9. Number of Governments in the United States
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10. Interstate Relations
States have to accept public records and acts from other states as valid (however…lately there has been resistance such as in the cases of same sex marriages)
Privileges and immunities (50 days resident for voting, 1 year for college tuition, etc…)
Extradition: criminal offender is released from one state to another
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11. The Evolution of American Federalism
“State-Centered Federalism”
1787 to 1868
From the adoption of the Constitution to the end of the Civil War, the states were the most important units of the American Federal System
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12. McCulloch versus Maryland (1819)
Brief Synopsis of Case:
The state of Maryland was wanting to tax a national bank in Maryland. McCulloch worked at the national bank. The question at hand: Can a state government tax a national entity, in this case, a national bank? The Supreme Court ruled in 1819, in favor of the national government. No…a state does not have the power to tax any national entity/bank.
This case established: NATIONAL SUPREMACY (national supersedes state/s when in conflict)
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13. State-Centered Federalism
Doctrine of Nullification
Each state could declare any laws or actions of the national government “null and void”
Doctrine of Secession
States could chose to withdraw from the United States if they wanted
Used by the Confederate States in the Civil War
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14. 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: Antifederalists, Thomas Jefferson, Supreme Court from 1920s to 1937, and Presidents Ronald Reagan and G. W. Bush
Position: Views the Constitution as a compact among states that gives the central government very little authority
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15. The Evolution of American Federalism
“Dual Federalism”
1868 to 1913
In this phase, the national government narrowly interpreted its delegated powers and the states continued to decide most domestic policy issues
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16. Evolution of Federalism
After the Civil War, industrialization and urbanization created new challenges for the federal system
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17. The Evolution of American Federalism
“Cooperative Federalism”
1913 to 1964
The system was likened to a marbled cake in that “as the colors are mixed in a marble cake, so functions are mixed in the American federal system.”
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18. The Evolution of American Federalism
“Centralized” or “Creative” Federalism
The presidency of Lyndon B. Johnson ( ) marked a critical point in the evolution of federalism
Federal government clearly had its own national goals
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19. The Great Society and Creative Federalism
Johnson’s “Great Society”
War on Poverty
Federal funds were directed to states, local government and a wide variety of social programs
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20. The Great Society and Creative Federalism
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21. The Great Society and Creative Federalism
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22. New Federalism
Ronald Reagan sought to return more power and responsibility to the states
“Government is not the solution; it’s the problem”
- Ronald Reagan
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23. 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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24. 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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25. Block Grants Being Sought
The City of Laredo Parks and Recreation Department seeks to secure funding to implement the Chacon Creek 10 Year Master Plan at a cost of approximately $36 million for the purpose of providing flood control, natural habitat conservation and linear park development.
Envision a true river walk next to the most widely recognized international boundary on the southern U.S. border. This is a vision that has long been held by the City of Laredo’s past and present administrations. Federal funding is currently being sought to fund the development of riverfront trails and natural recreation areas.
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26. Agencies: Apply for Grants
Environmental Protection Agency
National Park Service
U.S. Army Corp of Engineers
Department of Homeland Security
Department of Housing and Urban Development
U.S. Department of Transportation
U.S. Department of Agriculture
Texas Parks & Wildlife Department
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27. Types of Federal Grants
Categorical-Formula Grants: follow a certain formula (free lunch programs) and state or local must match the funds; feds check/audit
Project Grants: Apply for the grant (school district, the city, county, etc..)/ Grant Writers
Block Grants: Federal dollars that can be broadly used by states and with few strings attached.
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28. The Future of Federalism
The persistence of international terrorism, the war 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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