1. US Government Mrs. Lacks
Federalism
US Government
Mrs. Lacks

3. Federalism
a system in which two or more governments simultaneously exercise power and authority

4. Why Federalism? Means of dispersing power Protects democracy
Use states to test new programs/policies
Feared “tyranny of the masses”

6. Kinds of Federalism
Dual
Cooperative
Competitive
Permissive

7. Dual Federalism Creation of the framers (pre-New Deal)
Aka “layer cake” federalism
two distinct layers of government (power is not shared within their separate spheres of influence)
known as “layer cake” federalism (within their dominions, states are as powerful as the federal government; each unit is sovereign)
Examples?
States: marriage, voting rights and education
Federal government: war, currency, interstate commerce.
Exception: concurrent powers (ex. police and taxation powers)

8. Cooperative Federalism
“marble cake” federalism
Began with New Deal, continues
More sharing of responsibility

11. Competitive
Governments within US compete for your business (housing, job, purchases, etc.)
Views the national government, 50 states, and thousands of local governments as competing with each other over ways to put together packages of services and taxes.
Applies the analogy of the marketplace: we have some choice about which state and city we want to “use”, just as we have choices about what kind of telephone service we use.

12. Permissive States get permission from the national gov’t
“a sharing of power and authority between the national and state governments, the state’s share rests upon the permission and permissiveness of the national government.”

14. Fiscal Federalism Block Grants Categorical grants-in-aid
Unfunded Mandates

15. Federalism
Part II

16. The Powers of Government in the Federal System
The distribution of powers in the federal system consists of several parts:

17. Denied Powers
Article I, section 9 lays out powers denied to the central government.
For example: give preference to ports of one state over another
Article I, section 10 lays out the powers denied to the states.
For example: enter into treaties, alliances, or confederations

18. Enumerated Powers Aka expressed, explicit, or delegated
Powers held only by the national govt
Directly listed in the Constitution
lay and collect taxes, duties, and imposts
provide for the common defense and general welfare of the United States
regulate commerce with foreign nations, and among the states, and with Indian tribes
coin money and regulate the value thereof
declare war

19. Reserved Powers
Powers given to the state governments alone (10th Amendment)
Not a list – “powers not delegated to the US by the Constitution, not prohibited by it to the States, are reserved to the states respectively, or to the people”

20. Supremacy Clause
When state and federal laws conflict, federal laws supersedes

21. Implied Powers
The central government may make all laws which shall be necessary and proper for carrying into execution the enumerated powers.
Aka Elastic Clause (expands the powers of the national government)

22. Interstate Relationship Clauses
Full faith and credit (states must accept binding contract granted by other states)
Extradition (The right of one state to demand that an alleged or convicted criminal be sent back to his or her state of origin – site of the crime)

24. Other important clauses
Writ of habeas corpus
Bill of attainder
Ex post facto laws
Habeas Corpus – a person cannot be held in jail without a trial
Bill of attainder – Congress/the government cannot declare someone guilty of a crime without a trial
Ex post facto – Congress cannot pass laws that will punish previous actions

25. States’ Rights vs. Federal Rights?
Who should have more power?
Centralists – People who favor national action over action at the state and local levels.
Decentralists – People who favor state or local action rather than national action.

26. Devolution Revolution
The effort to slow the growth of the federal government by returning many functions to the states
Began with Nixon
vision of the “New Federalism”
designed to decentralize federal policies, hence, reverse the ever-rising tide of federal encroachment

27. Devolution Revolution
Jimmy Carter
cut national aid to states
introduced the Sunset law (the reduction of the size of the federal bureaucracy by terminating programs and personnel when said programs outlived their usefulness)

28. Devolution Revolution
Ronald Reagan (Reagan Revolution)
cut federal taxes by a third, hoping to force a proportional reduction in federal programs, primarily social programs that were given birth under FDR’s and LBJ’s administrations.
embraced Nixon’s New Federalism

29. Devolution Revolution
Bill Clinton
Reinvent Government, the intent to shift powers from the federal to the state level (welfare)
Contract with America: Republican Congress’ plan to reverse the growth of the federal govt (Newt Gingrich)

30. Growth of Federal Govt
2006 Midterms: return of Democratic dominance in both the House and Senate
2008 & 2012 Election: President Obama
Instilled policies calling for redistribution of wealth and opportunity (ex. universal health care, increased taxation)