1. Foundations of American Democracy
FEDERALISM

2. What is Federalism?
Two or more governments, each of which have formal authority over the same area & people.
Serves to decentralize both government, politics, & policies

3. Disaster Relief
Who’s job was it to clean up New Orleans and the rest of the coast after Katrina?
What about Puerto Rico?

4. Who is in charge of Immigration?
What is a Sanctuary city?

5. Policy: States can pass laws more appropriate to local interests
Allows states to be policy innovators: come up with new policy the nation may not be ready for as a whole
Think: Colorado

6. Certain issues need to be national…

7. While others are more appropriate for states…

8. Potential problems…

9. State to state relations (Obligations) Article IV
Marriage Equality 2014
Full Faith & Credit
If you speed in Illinois, is the fine different based on what state you reside in?
Privileges & Immunities
If you commit a crime in Illinois, what U.S. state can you hide out in?
Extradition

10. The 10th Amendment
“The powers not delegated to the United States by this Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Delegated Powers:
express/enumerated, inherent/implied
Denied Powers:
e.g., tax exports, ex post facto laws
Reserved Powers
They are given to the states
Concurrent Powers
e.g., taxation, eminent domain

11. Expansion of federal power
Too bad, states 

12. Elastic Clause (AKA… Necessary and Proper Clause)
“[The Congress shall have Power] to make all Laws which shall be necessary & proper for carrying into Execution the [enumerated] Powers, …”
McCulloch v. Maryland (1819)- REQUIRED CASE-
Could Congress form the National Bank?
Could MD tax it?
The Court upheld the use of implied powers (elastic clause) and the supremacy of federal law (next slide- Supremacy Clause)

13. The Supremacy Clause
“This Constitution, & the laws of the United States & all Treaties made shall be the supreme Law of the Land . . .”

14. Commerce clause
The greatest single source of expansion of Congressional power!
Gibbons v. Ogden (1824):
virtually all economic activity is considered as affecting interstate commerce
Commerce clause will later be used to justify OSHA, minimum wage, child labor laws, food safety, rendering unlawful discrimination in hotels, etc.

15. Contraction of Federal Power
Yay, states rights! 

16. U.S. v. Lopez (1992) –REQUIRED CASE
Gun Free School Zones Act
Rehnquist Court says limiting guns does not directly affect interstate commerce. This shows the devolution of power back to the states
Make sure you read this case!!!

17. Types of Federalism
Who has more power over the people?

18. Dual Federalism
Both the Federal and State governments has its own “sphere of influence” which are separate & distinct (pretty much ends w/ the New Deal) – think a layer cake…

19. Cooperative Federalism
Levels of government share responsibilities- costs, administration, and regulation (more common today) – think a marble cake…
The federal grant program is the most obvious place that cooperative federalism can be seen…
Revenue sharing
Financial aid to the states
The marble cake idea comes from the fact that the lines are difficult to see. The federal government mixes with the state government and even with the private sector.

20. Fiscal Federalism
Follow the money $$$

21. Fiscal Federalism Definition and Types
When the national government uses funding to gain federal influence in areas traditionally belonging to the states…
Grants
Mandates

22. Types of Grants
Categorical (2 types)
Block

23. Categorical Grants Categorical Grants is the largest type by far…
where you (the state) get $$$, but award is competitive, & you must follow our requirements (non-discrimination, environmental protection, or … other things…) and there’s two types of categorical grants:
Project Grants
Formula Grants
More on these on the next slide
Categorical grants= parents give you money to buy clothes with and specify you must buy jeans, black shirt, sneakers. 

24. Categorical Grants Project Grants for…you guessed it…specific projects
-grants for certain university research, NSF grants, etc.
Formula grants:
-grants based on some “formula”
-Examples of types of formulas- population, per capita income, % rural population
- includes things like Child Nutrition funding, Medicaid, etc. (types of stuff you get the grant for)

25. Block Grants General funds for broader purposes
Homeland security (Safety)
Employment
Community Development
Here's money, go buy clothes. You pick but if you come home with Cheetos or video games you are in trouble.

26. Paths to Federal Control
Government mandates can be funded or unfunded
The following were federally mandated programs
Clean Air and Water Acts
Americans with Disabilities Act
Family Medical Leave Act
Endangered Species Act
No Child Left Behind Act / Every Child Succeeds Act
Welfare Reform Act of 1996
Is every penny of aid money the government has sent to state governments?

27. Paths to Federal Control
The Problems: with the money comes certain…obligations…
Conditions are often placed on funds which allow the national government to influence policy areas traditionally left to the states…
Conditions of aid (“strings” attached) to grants
--Highway grants to raising drinking age

28. Evaluating Federalism
PROS
Flexibility: policies can fit local needs
Experimentation: we can test new policies at state level
Participation: more access points to gov’t
Built on compromise: promotes unity
Government duties can be split up
CONS
Inequality: States have different levels of services
Conflict: federal-state power clashes
Confusion: Difficult coordination & enforcement breakdowns
Local interest can counteract national interest (Civil Rights/Liberties): States can impede progress of the nation