1. Chapter 3
FEDERALISM
Vs.

2. Single most persistent sources of political conflict has been relations between national & state governments

3. Federal System
Vs.
Unitary System

4. Federal System
Decentralize administrative burdens of governing
Local units exist independent of the preferences of National Gov. & make some independent decisions

5. Unitary System
Local governments can be altered or even abolished by the national government and cannot plausibly claim to have final authority over any significant government activities

6. Subnational Governments
Protected by:
Constitution
Habits, preferences and dispositions of the citizens =TRADITION

7. Daniel Elazar Pro - Federalism Subnational governments set precedent
Subnational governments have taken lead in protecting environment, etc.

8. Pro – Federalism Reasonable chance of having a practical effect
Widespread opportunities for political participation

9. William Riker
Condemns Federalism
Prolonged slavery

10. Main Effect of Federalism
Increased political activity
Decentralization of POWER

11. FEDERALISM
SEPARATION OF POWERS

12. Confederal System
National government derives its powers from the states
Articles of Confederation

13. 10th Amendment
“the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people

14. Thomas Jefferson – State Government
Hamilton v. Jefferson
Thomas Jefferson – State Government
Alexander Hamilton – Federal Government

15. “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite” James Madison

16. National Supremacy v. State Rights
CIVIL WAR
National Supremacy v. State Rights
National Government is supreme

17. National Supremacy
National Supremacy confirmed by McCulloch v. Maryland
Necessary and Proper Clause
Congress can pass all laws that are necessary and proper to its duties
Congress can exercise powers not specifically given to it

18. NULLIFICATION
States can declare “null and void” a federal law that the states’ believed violated Constitution
Jefferson and Madison
States cannot do this today

20. Dual Federalism
Dual Federalism
National Government supreme in their sphere
State Government supreme in their sphere
KEPT SEPARATE
Commerce Clause

21. Interstate v. Intrastate commerce Eleventh Amendment
Dual Federalism
Commerce Clause
Interstate v. Intrastate commerce
Eleventh Amendment
Protects states from lawsuits by citizens of other states or foreign nations

22. State Powers
Police Power: state power to enact laws promoting health (vaccinations), safety (law enforcement), and morals.

23. State Powers
Initiative: process that permits voters to put legislative measures directly on the ballot
DIRECT DEMOCRACY
Signatures 5-15%

24. State Powers
Referendum: voters reject measure passed by legislature

25. RECALL: (20 states) voters remove elected official from office
State Powers
RECALL: (20 states) voters remove elected official from office

26. Local Governments (city)
Exist at pleasure of the
State Governments
Unitary System

27. Federal-State Relations

28. Grants-in-Aid
Money given by the National Government to the states
Has continued to grow
Washington pay bills state runs programs

29. Change
1960s
Federal government devising grant programs on national needs not what states were demanding

30. Intergovernmental Lobby
Elected & appointed officials
Mayors, governors, superintendents of schools, etc. page 62
Purpose: obtain federal money with fewer strings attached

31. Categorical Grants Grant for specific purpose defined by federal law
Airport
Put up money to match some part of grant (usually small)
Governors and mayors say categorical grants are too narrow

32. Revenue Sharing
Gives states and cities more freedom in how to spend the money
WHO GETS IT
County’s or city’s population, personal income in that area v.

33. Conditions of Aid
Federal government tells the state government what it must do to get the money

34. Conditions of Aid
“if you don’t want the strings, don’t take the money.”
Free federal money was not quite free after all
Cutbacks
Garbage private firm

35. Mandates
What state governments must do whether or not they take the money
Civil Rights
Environmental Protection

36. Mandates
10th Amendment no protection versus mandates
Comes from courts (federal mandates)
Desegregation

37. Second-Order Devolution
Triggered by federal welfare programs
Power from states to local governments

38. Third-Order Devolution
Increased role of nonprofit organizations and private groups (for profit)
Welfare to work