1. Chapter 3 Federalism

2. Why Federalism Matters
Federalism: a constitutional division of power between the national and state levels of government.
State governments have the authority to make final decisions over many governmental actions.
The most persistent source of political conflict is between national and state governments.

3. Dual Federalism (layered cake) – distinct levels
- Prominent from 1789 – about the 1930s/40s
Congress, President, Judicial System
National Government
Governor, State Assembly, Judicial System
State Governments
Mayor, City Managers, City or County Commissions
Judicial Systems
Local Governments

4. Disaster Relief Job Training Highways Education Social Programs
Terrorist
Attacks
Disaster Relief
Job Training
Airports
Highways
Education
Housing
Social Programs
Infrastructure
Cooperative Federalism (marble cake) – “intermingling of responsibilities”

7. Taxes Pass & enforce law Roads Sometimes there is an “overlap”
Concurrent Powers
Taxes
Pass & enforce law
Roads

8. National Powers State Powers
Sometimes there is conflict...immigration….healthcare
National Powers
State Powers

9. State vs. Federal power
Many modern debates reflect those of the antifederalists (states rights) and federalists (federal power)
Constitutional features that have led to the growth of the federal government’s power:
Necessary and proper clause - Congress
Supremacy clause – federal law supreme to state
Commerce clause – interstate and foreign
General welfare clause - Preamble
Congress’ power of the purse (tax and spend)

10. State vs. Federal Power Policies that have increased federal power:
Categorical grants: grant designed for a specific purpose; states must spend money in accord with national government’s wishes (different from block grants)
Federal mandates: federal government tells states what policies to implement
Selective incorporation: federal courts can overturn state and local practices (VERY important in civil rights and civil liberties)

11. State vs. federal power
Acts of Congress that greatly increased federal gov’t’s power:
Civil Rights Act of 1964 – Commerce clause
Americans with Disabilities Act (1990) – unfunded mandate; commerce clause used to require businesses of a state to comply
The Clean Air Act of 1970 – unfunded mandate; air quality standards – required states to administer and appropriate funds

12. State vs. Federal Power
Laws and policies that have increased the power of the states (‘devolution’):
Welfare Reform Act of 1996: states given power and money to run their own welfare program; discretion to determine how to transfer people from welfare to work
Block Grants: grants that have few strings attached, so states make decision about the details of where the money goes
Tenth Amendment

13. What trends do you notice? What causes these?
Block Grants: states get more resources from federal gov’t; leads to hiring
Federal Mandates: federal government requires states to do more; federal gov’t considers goal achieved via mandate
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14. SCOTUS Cases for Federalism (OYEZ.org)
Increase federal power (John Marshall!)
Marbury v. Madison (1803) – Judicial Review
McCulloch v. Maryland (1819) – necessary and proper clause (tax on federal bank)
Gibbons v. Ogden (1824) – interstate commerce - (waterway monopoly)
“Devolution” cases
US v. Lopez (1995) (gun free schools)
US v. Morrison (2000) (Violence Against Women Act)

15. Figure 3.2 The Changing Purpose of Federal Grants to State and Local Governments

16. Copyright © 2013 Cengage