1. AP United States Government and Politics
Chapter 3: Federalism
AP United States Government and Politics

2. Federalism Definition: system in which the national government
shares power with local governments
States have a specially protected existence and authority (not merely junior partners)
The implementation and funding of federal decisions depends upon state and local government
The impact of federalism is widespread
(roads, crime, civil liberties, civil rights)

3. Structure Good or Bad?
Confusion about responsibility for particular functions can have dire consequences
Hurricane Katrina and Rita led to fighting between federal, state, and local officials
First-responders and disaster relief workers are nongovernmental, volunteers
Some governmental agencies made delivery of aid harder

4. The Founding A bold, new plan to protect personal liberty
Founders believed that neither national nor state government would have authority over the other because power derives from the people, who shift their support
New plan had no historical precedent
Tenth Amendment was added as an afterthought, to define the power of states

5. The Founding Elastic language in Article I: necessary and proper
Precise definitions of powers politically impossible because of competing interests, such as commerce
Hence vague language –
“necessary and proper”
Hamilton’s view: national supremacy because Constitution supreme law
Jefferson’s view: states’ rights with people ultimate sovereign

6. Debate on Meaning of Federalism
The Supreme Court speaks
Hamiltonian position espoused by Marshall
McCulloch v. Maryland settled two questions*
Could Congress charter a national bank?
(yes, because “necessary and proper”)
Could states tax such a bank?
(no, because national powers supreme)
Later battles
Federal government cannot tax state bank
Nullification doctrine let to Civil War: states void federal laws they deem in conflict with Constitution

7. Dual Federalism
Both national and state governments supreme in their own spheres
Hence interstate versus intrastate commerce

8. State Sovereignty Mistake today to think dual federalism entirely dead
Supreme Court has limited the use of the commerce clause
New life has been given to the Eleventh Amendment
Although not all recent Supreme Court decisions support greater state sovereignty
Constitutional basis of state and local government
New debates have resurrected notion of state police powers
State constitutions tend to be more detailed and expansive
Many state constitutions open door to direct democracy: ) initiative 2) referendum 3) recall
Existence of states guaranteed while local governments exist at pleasure of states

9. Federal-State Relations: Grants-in-Aid
Grants show how political realities modify legal authority
Began before the Constitution with “land grant colleges,” various cash grants to states
Dramatically increased in scope in the twentieth century
Were attractive for various reasons
Huge surpluses in the 1880s
Federal income tax was created
Federal management of money and the power to print more at will
“Free” money for state officials
Required broad congressional coalitions
Examples: federal funds for increased public safety post-September 11
Example: Homeland Security grants and fair share formulas

10. Federal-State Relations: The Intergovernmental Lobby
Hundreds of state, local officials lobby in Washington
Federal agencies have staff members that provide information, technical assistance, and financial support to state and local organizations
Purpose: to get more federal money with fewer strings

11. Federal-State Relations: Categorical Grants vs. Revenue Sharing
Categorical grants for specific purposes often require local matching funds
Block grants devoted to general purposes with few restrictions
Revenue sharing requires no matching funds and provides freedom in how to spend
Distributed by statistical formula
Ended in 1986

12. Federal-State Relations: Rivalry Among the States
Increased competition a result of increased dependency
Snowbelt (Frostbelt) versus Sunbelt state
Difficulty telling where funds spend
Difficulty connecting funds to growth rates
Focus on formulas and their impact
Census takes monumental importance

13. Mandates Most concern civil rights and environmental protection
Administrative and financial problems often result
Federal-state disputes, fueling the friction
Some mandates are not adequately funded
Explaining the variation in funding
Number high in environmental funding, low in education policy and moderate in health care
Lower rates of spending are associated with more mandates
Waivers are more easily obtained in some policy areas than others

14. Conditions of Aid Received by states voluntarily, at least in theory
Financial dependence blurs the theory
Civil rights generally the focus of most important conditions in the 1960s, a proliferation has continued since the 1970s
Conditions range from specific to general
The states and federal government disagree about the costs and benefits of rules
Different demands result in complex bargaining among government officials
Bargains originally favored local officials
Emergence of Washington’s needs over local needs

15. A Devolution Revolution?
Efforts of the Reagan Administration
Consolidation of categorical grants into block grants
Less money sent to the states, but with fewer strings
States started spending more of their own money as well
Republican efforts in the 1990s
Attempt to cut government spending, roll back federal regulations and shift important functions back to the states
Reform of AFDC
Devolution
An old idea led from a new direction, Congress
Spending was considered a form of constituency service

16. A Devolution Revolution?
Impact of Devolution – Where did it occur?
Dramatic decrease in welfare rolls
Second order devolution
Third order devolution
Congressional preemption
Express preemption
Implied preemption