1. Wilson Chapter 3 AP Government - Mr. Hatch
FEDERALISM
Wilson Chapter 3
AP Government - Mr. Hatch

2. Objectives
Explain the differences between federal and centralized systems of government
Show how competing political interests at the Const. Convention led to the adoption of a federal system that was not clearly defined.
Outline the ways in which national and state powers have been interpreted by the courts
Distinguish between categorical and block grants

3. Federalism Definition:
Constitutional division of power between the national government and state governments. Both get their power from a Constitution, not each other.
The word Federalism is NOT written in the U.S. Constitution – we developed it

4. Reasons for Federalism in US
Unitary system (central govt. not Constitution delegates power) was undesirable
Confederate structure undesirable
Allows for unity, but not uniformity (allows differences among the states)
More suitable to large nation
More likely to check tyranny (ie Shay’s rebellion)
Encourages experimentation
Keeps govt. closer to the people - multiple points of access for citizens

6. The Founding A bold plan to protect personal liberty
People control the government and will balance power between the state and federal govts.
In Article I section 8 the constitution lists enumerated powers – powers specifically granted by the US constitution in writing
Implied powers - powers not written in the constitution but gained through interpretation over time
EX: 10th amendment limits power of the fed govt

8. Clauses of the Constitution
Elastic clause – congress shall pass all laws “necessary and proper” to carry out enumerated powers
Commerce Clause – the federal government may regulate interstate commerce
Full Faith and Credit Clause – each state must recognize public acts and records of other states (extradition)
Privileges and Immunities – citizens get privileges of citizens in other states (drivers license, marriage)

9. Historical Developments
Supreme Court speaks:
McCulloch vs. Maryland (1819)
National bank was necessary and proper
States cannot tax a federal bank - national powers were supreme
Nullification - states can declare acts of federal government unconstitutional. Court ruled against this.
Dual Federalism (through 1937)”layer cake”
States and Federal govt. remained supreme in their own spheres
Powers and policies were distinct to their layer of government - like a layered cake

10. Historical Developments
Cooperative (“Marble Cake”) federalism
Since 1937
Mingling of responsibilities; share powers
National government powers should be interpreted broadly
New Federalism (Nixon, Reagan)
Power back to states
Use of Block grants
States’ exert more control - Initiative, Referendum and Recall; Police powers

11. Structure of American Federalism
National Powers (Delegated)
Expressed or enumerated
Implied (importance of elastic clause)
Inherent (necessary as a national govt.)
State Powers (Reserved- Amendment 10)
- Establishing voting requirements, running elections, licensing professionals)
Concurrent Powers (Shared)
- taxing, borrowing, establishing court system)
National Supremacy (Article 6)
Obligations of National Government
Obligations of State Government

12. Federal- State Relationships
P. Diddy summed it up best - its all about the Benjamins!
Growth of federal government has necessitated the funding of local government for the purpose of administering federally funded programs
- Dollar amounts have consistently risen over the last several decades, though the % of federal expenditures have varied

13. Federal-State Relations
Why was federal money so attractive to the states?
- Availability and political gains
Purposes of Federal grants:
Reduces federal bureaucracy
Supplies local govt. with funds
Establishes federal standards
Equalizes resources among rich and poor states

14. Types of Grants
CATEGORICAL- For specific programs (roads, housing, airports)
BLOCK - Granted to support a collection of general programs = more state leeway in spending (104th Congress favored)
REVENUE SHARING - General grants of money to states to spend as they please (Nixon and Reagan favored)

16. CASE STUDY: Welfare Reform of 1996
Welfare block grants replaced welfare categorical grants
Federal “strings” attached (very few):
No funds to recipients who had not worked in past 2 years
No funds to recipients who had received fed. $ for more than 5 years
States must spend at least 75% of what they had previously spent on welfare

17. MANDATES A federal order imposed upon states:
Americans with Disabilities Act (ADA)
Environmental Acts
Individuals with Disabilities in Education Act
Purpose is to meet a goal of the federal govt.

18. MANDATES Impact on States: Financial burden (unfunded mandates)
Federal intrusiveness
Heavy penalties
Federal blackmail (don’t comply in one area, funds withheld in another)
Excessive power of Federal government

19. Devolution Revolution
Push by the Republican Congress of 1994 (104th) to pass federal functions on to the states.
Central to the “Contract with America”
Promised:
-restrictions on unfunded mandates
more block grants
Continue the “New Federalism” of Nixon that was favored by Reagan, and the Bushes.

20. The Results Clinton declared the “end of big government”
Welfare Reform bill
Repeal of 55 mph speed limit
Restrictions on unfunded mandates
More block grants
Bush Tax cuts

21. However, National criteria for state-issued drivers’ licenses
National registration of mutual funds
More national food safety standards
More national crimes
Patriot Act
No Child Left Behind

22. Finally What is better? Decentralist (states’ rights approach) Vs.
Centralist (nationalist approach)