1. Federalism Chapter 3

2. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defining Federalism What is Federalism? –Federalism: a way of organizing a nation so that two or more levels of government have formal authority over the land and people –Unitary governments: a way of organizing a nation so that all power resides in the central government: Canada –Confederation: United Nations is modern example, US under the Articles, or the Civil War CSA –Intergovernmental Relations: the workings of the federal system- the entire set of interactions among national, state and local governments

3. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defining Federalism

4. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Defining Federalism Why Is Federalism So Important? –Decentralizes our politics More opportunities to participate –Decentralizes our policies Federal and state governments handle different problems. –States regulate drinking ages, marriage, and speed limits. States can solve the same problem in different ways and tend to be policy innovators.

5. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitutional Basis of Federalism Delegated/Enumerated Powers –Federal powers Reserved Powers –State powers Concurrent Powers –Shared powers Prohibited Powers –denied from both –Ex. Neither gov’t can tax exports

6. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitutional Basis of Federalism The Division of Power –Supremacy Clause: Article VI of the Constitution states the following are supreme: The U.S. Constitution Laws of Congress Treaties –Yet, national government cannot usurp state powers. Tenth Amendment

7. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Elastic Clause Aka – “Necessary and Proper Clause” Art. I, Sec. 8, Cl. 18 - "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers

8. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Commerce clause Art. I, Sec. 8, Cl. 3 – ‘The Congress shall have power - To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” Congress has used the elastic clause to stretch this power What is commerce? “Buying and selling of goods and services.” Congress given the power to regulate commerce between foreign countries and US as well as state to state… they control business law.

9. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitutional Basis of Federalism

10. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitutional Basis of Federalism Establishing National Supremacy –Implied and enumerated powers McCulloch v. Maryland (1819) –Commerce Powers Gibbons v. Ogden (1824) –Federal Sovereignty The Civil War (1861-1865) –The Struggle for Racial Equality Brown v. Board of Education (1954)

11. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. The Constitutional Basis of Federalism States’ Obligations to Each Other –Full Faith and Credit: Each state must recognize official documents and judgments rendered by other states. Article IV, Section I of Constitution –Privileges and Immunities: Citizens of each state have privileges of citizens of other states. Article IV, Section 2 of Constitution –Extradition: States must return a person charged with a crime in another state to that state for punishment.

12. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. 2 Federalisms TWO METAPHORS… Dual Federalism – Layer Cake Cooperative Federalism – Marble Cake Feder al State

13. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today Dual Federalism –Definition: a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies –Like a layer cake –Narrowly interpreted powers of federal government –Ended in the 1930s

14. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today Cooperative Federalism –Definition: a system of government in which powers and policy assignments are shared between states and the national government –Like a marble cake –Shared costs and administration –States follow federal guidelines

15. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today Fiscal Federalism –Definition: the pattern of spending, taxing, and providing grants in the federal system –The cornerstone of the national government’s relations with state and local governments

16. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today

17. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today The Grant System: Distributing the Federal Pie Categorical Grants: used for specific purposes; grants with strings attached –Project Grants: based on merit –Formula Grants: amount varies based on formulas –Ex: Funds if: Drinking age to 21 and BAC to.08 Block Grants: federal grants given more or less automatically to support broad programs –Ex: Welfare reform Grants are given to states and local governments.

18. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Intergovernmental Relations Today Fiscal Federalism (continued) –The Scramble for Federal Dollars $460 billion in grants every year Grant distribution follows universalism—a little something for everybody. –The Mandate Blues Mandates direct states or local governments to comply with federal rules under threat of penalties or to receive a federal grant –Ex: Civil Rights rules: Disabled access to buildings… –Ex: environmental guidelines: 1990 Clean Air Act Unfunded mandates

19. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Change in Spending Shift towards Federal Gov’t Spending FederalStateLocal (City) 1929 17%23%60% 1939 47%23%30% 1960 64%17%19% 1997 66%19%15%

20. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism Advantages for Democracy –Increases access to government –Local problems can be solved locally –Hard for political parties or interest groups to dominate all politics Disadvantages for Democracy –States have different levels of service –Local interest can counteract national interests –Too many levels of government and too much money

21. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism

22. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism

23. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism

24. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism Federalism and the Scope of Government –What should the scope of national government be relative to the states? National power increased with industrialization, expansion of individual rights, and social services. Most problems require resources afforded to the national, not state governments.

25. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Understanding Federalism

26. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Devolution Devolution is the return of power to the state gov Gained strength with “Republican Revolution” in 1990s Idea is fueled by distrust of the federal gov and the desire to save money by reducing the size of the “bloated federal government”

27. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Devolution Example Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Eliminated welfare and transferred the money to states as block grants States received wide latitude on how to administer “workfare” but with the knowledge that Congress was counting on anti-poverty spending” Strings attached: head of family must work or lose benefit; lifetime benefits limited to 5 years; unmarried mother < 18 only receive $ if stay in school and live with adult; immigrants ineligible for 5 years

28. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Summary American federalism is a governmental system in which power is shared between a central government and the 50 state governments. The United States has moved from dual to cooperative federalism; fiscal federalism. Federalism leads to both advantages and disadvantages to democracy.

29. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Disaster Relief Who’s job was it to clean up New Orleans and the rest of the coast after Katrina?

30. Copyright © 2009 Pearson Education, Inc. Publishing as Longman. No Child Left Behind Should the national gov’t step in to regulate school performance?