1. Defining federalism Citizens elect officials to each level of govt
Each level of government taxes citizens
Each level has a primary responsibility for certain areas of public policy

2. Unitary System Power is in hands of national government
Subnational units are administrative, not political
School text in France and US

3. How many govts are there?
1 federal government
50 state governments
3,000 counties
19,000 municipalities
Townships 17,000
14,000 School districts
31,555 Special districts (i.e. Port Authority)

4. Constitutional Basis Article 1, Section 8 Article 6-Supremacy Clause
Congress shall do what is "necessary and proper" and “general welfare”
Article 6-Supremacy Clause
"supreme law of the land"
10th Amendment
powers not delegated to federal gov’t are "reserved to the states" (or the people)

5. Dual or Traditional Federalism
, Layer cake model
two distinct layers of government
Separate powers and spheres of influence
Feds, internal improvements, tariffs, etc
States- commerce, banking, insurance, slavery, health, education, criminal, etc
Hammer v. Dagenhart (1918).

6. The Demise of Dual Federalism
Great Depression, 25% of the entire workforce unemployed
Federal Emergency Relief Act of 1933 and first 100 days
Switch in time that saved 9
up to Congress, not the courts, to decide what constitutes the general welfare

7. Cooperative Federalism
Eisenhower Era
Interstate Highways
Urban Renewal
Airport Construction
Great Society programs
Medicaid and Medicare
Education Aid
Model Cities
Today
Clinton crime, education policy
Bush drug, education policy

8. Categorical grants Transfer of funds from feds to states
Used to deal with national problems
interstate highways, poverty, crime, education, pollution
Categorical grants specified use of money
Alabama Syndrome

9. Marble Cake Federalism
What does a marble cake look like?
Example of Saratoga County Public health officer
Hard to find any governmental activity which does not involve all three levels of federal system

10. New Federalism 1968-present
Reduce the power of the national government
Reduce aid to urban minorities (Model Cities, War on Poverty)

11. Block Grants provided unrestricted grants to states and localities
Entitlement, not competition

12. Reagan’s New Federalism
More block grants, less money
Federal aid to state and local govts fell by 39%.
Buffalo % of their revenues from Washington, by 1992 they got only 6%.

13. Reagan’s New Federalism
Cake Analogy?
You can make any kind of cake you want
You have fewer ingredients
Have to pay for it yourself cake

14. Popular Support
In which of the following people in government do you have the most trust and confidence?
Federal government 19%
State government 22%
Local government 37%

15. Popular Support
Which level of government does the best job of dealing with the problems it faces
Federal government 14%
State government 21%
Local government 41%

16. Coercive or Regulatory Federalism, 1980-
Democratic Unfunded Mandates
Asbestos Hazard Emergence Act of 1986
Safe Drinking Water Act 1986
Americans with Disabilities Act of 1990
National Voter Registration Act of 1993
GOP Unfunded Mandates
No Internet taxation
Baking Analogy- You can have any cake you want as long as it has chocolate

17. Constitution & Federalism Redux
Fed #51 “ a double security against majority tyranny”
Divide the power of government within the levels of government (sep of powers) but also across governments (between state and national governments)
Different governments will control each other against the oppression of governments

18. Constitution Article 1, Section 8 10th Amendment
Congress shall do what is “necessary and proper” to promote “interstate commerce”
10th Amendment
powers not delegated to federal government are "reserved to the states or the people”
Supreme Court’s changing interpretation of the commerce clause

19. Revisiting the Commerce Clause
21 drinking Age and highway funding
US v. Lopez
Gun Free School Zones Act of 1990
Does it relate to commerce

20. Violence Against Women Act
What does it do?
Facts of Brzonkala v. Morrison
Is it constitutional?
What are consequences for limited government if VAWA is constitutional?

21. VAWA Federal civil rights remedy for rape victims
“all persons within the United States shall have the right to be free from crimes of violence motivated by gender... . "
Victims of a "crime of violence motivated by gender" may bring a civil action against his or her attacker in federal court
Brzonkala v. Morrison
Federalism and limited government

22. Why Federalism Matters
Determines who pays (welfare $148 v. $360)
Determines how much uniformity of policy there will be (death penalty)
Determines who makes the decisions (textbooks)
Determines accountability

23. Basic Tradeoff
a more centralized system is likely to be more uniform, equitable, and accountable
decentralized system is likely to be more democratic and flexible

24. Who should make decision on…
Marriage
Death penalty
Environmental standards
Education
Gun Control
Welfare reform

25. Benefits of Federal System
Diversity of Needs
Enhances popular sovereignty
Proximity to Citizens
Local control
Innovation and Experimental Lab

26. Disadvantages of Federalism
exacerbates economic inequalities.
justice varies from state to state
allows local minorities to block the will of national majorities (civil rights)
Spillover effects and competition

27. Regulatory Federalism
1980- current era
Natl govt sets standards for states and coerces states to meet goals
Natl Standards: eliminate discrimination in public employment, upgrade prison conditions, offer classroom instruction in the native language of foreign students, provide wastewater treatment at advanced technological levels, protect the health and safety of workers in private industry, provide a free public education to handicapped children.
Rise in Unfunded mandates

28. General Trends Primary constraints are political, not constitutional
Federal role is reduced
Intense state experimentation
Bipartisan belief in devolution