1. FEDERALISM: Is the division of power a constitutional principle or practical politics? And what’s with the baking metaphor?

2. Interests and Powers What are the interests of state governments? What are the interests of state governments? What powers should states have? What powers should states have? What are the interests of the federal government? What powers should the federal government have?

3. Bakery Metaphors (yummm)

4. Dual Federalism Until 1930s Until 1930s Like a layer cake Like a layer cake Dual Federalism in parts: Nat’l Gov has enumerated powers only Nat’l Gov has enumerated powers only Each government has own sphere of sovereignty Each government has own sphere of sovereignty More tension than cooperation More tension than cooperation

5. Cooperative Federalism After 1930s After 1930s Like a marble cake Like a marble cake Rejects the idea of “spheres” Rejects the idea of “spheres” Government action is jointly taken Government action is jointly taken Nation and states routinely share power Nation and states routinely share power Power is fragmented enough that it cannot be concentrated at any level Power is fragmented enough that it cannot be concentrated at any level

6. So what’s the critical difference? It’s all in how we interpret two sections of the Constitution... Article I, Section 8 enumerates powers (and there is that pesky elastic clause) Tenth Amendment reserves for the states and the people powers not assigned to the national government

7. Dual Elastic clause is inflexible and Tenth Amendment is capacious (capable of containing a great deal) Elastic clause is inflexible and Tenth Amendment is capacious (capable of containing a great deal) Elastic Clause is just that, elastic. It aslo confines the Tenth Amendment to a self-evident truth Cooperative So what do Article I and the Tenth Amendment actually tell us?

8. Of the following list, which are mainly state powers? Federal? Both? Collect Taxes Collect Taxes Define Private Property Define Private Property Regulate Marriages Regulate Marriages Regulate Commerce Regulate Commerce Administer Health and Safety Rules Administer Health and Safety Rules Coin Money Coin Money Regulate Labor Regulate Labor Raise an Army Enforce Criminal Codes Regulate Professional Standards Declare War Administer Drivers’ Licenses

9. Expressed Powers Article I, Section 8 of the Constitution Regulate Interstate Commerce (the commerce clause) Regulate Interstate Commerce (the commerce clause) Coin Money Coin Money Borrow Money Borrow Money Raise an Army Raise an Army Declare War Declare War Are there more? Are there more? Absolutely! Absolutely!

10. Implied Powers Article I, Section 8, clause 18 The Elastic Clause The Elastic Clause Congress’ power to make all laws “necessary and proper” to carry out expressed powers Congress’ power to make all laws “necessary and proper” to carry out expressed powers

11. The Tenth Amendment The powers not delegated to the United States by the Constitution, nor prohibited States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

12. Reserved Powers Derived from the Tenth Amendment Define Private Property Define Private Property Regulate Marriage Regulate Marriage Administer Health and Safety Rules Administer Health and Safety Rules Enforce Criminal Codes Enforce Criminal Codes Regulate Professional Standards Regulate Professional Standards Administer Drivers’ Licenses Administer Drivers’ Licenses Are there more? Are there more? Absolutely! Absolutely!

13. Concurrent Powers Are Shared Collecting taxes Collecting taxes Regulate Labor Regulate Labor Regulate Commerce Regulate Commerce

14. Federalism in Practice What are the forces that change the face of federalism? (What has contributed to the increase in Federal Power) National Crises and Demands National Crises and Demands Judicial Interpretations Judicial Interpretations Grants-in-Aid Grants-in-Aid Professionalization of state governments Professionalization of state governments

15. National Crises and Demands Civil War Civil War Both World Wars Both World Wars Great Depression Great Depression 9/11 9/11 All of these involved problems that were too extensive for states to handle alone All of these involved problems that were too extensive for states to handle alone National relief funds spent on states are often attached to federal stipulations National relief funds spent on states are often attached to federal stipulations

16. Katrina and Federalism

17. Judicial Interpretation McCulloch v. Maryland McCulloch v. Maryland 1819 1819 Expanded the role of national government Expanded the role of national government Does Congress have the power to establish a national bank? Does Congress have the power to establish a national bank? If so, could a state tax the bank? If so, could a state tax the bank? Yes, and No. Yes, and No. “The power to tax is the power to destroy” “The power to tax is the power to destroy” Cooperative federalism (direct relationship between the people and national government) Cooperative federalism (direct relationship between the people and national government) Shifts in Judicial Interpretation ever since Shifts in Judicial Interpretation ever since

18. Judicial Interpretation Gibbons v. Ogden, Marbury v. Madison, and Korematsu v. US all increased the power of the federal government Gibbons v. Ogden, Marbury v. Madison, and Korematsu v. US all increased the power of the federal government

19. Grants-in-Aid Financial incentives influence state behavior (because the money comes with “strings”) Two forms: Categorical Categorical Block Block

20. Categorical Grants For a specific purpose For a specific purpose Little discretion by recipient government Little discretion by recipient government Formula: very specific rules such as Formula: very specific rules such as Per capita income Per capita income Number of school age children Number of school age children Project: competitive applications Project: competitive applications Health (HIV-AIDS programs) Health (HIV-AIDS programs) Natural Resources (Radon, asbestos, energy) Natural Resources (Radon, asbestos, energy)

21. Block Grants Recipient governments have more discretion over funds Recipient governments have more discretion over funds Welfare Reform Act of 1996 Welfare Reform Act of 1996 States were given power and money to run their own welfare program States were given power and money to run their own welfare program States were given discretion to determine how to implement the goal of getting people to work States were given discretion to determine how to implement the goal of getting people to work

23. Professionalization of State Governments States have become more forceful policy actors States have become more forceful policy actors Education (NCLB) http://www.ed.gov/nclb/overview/intro/execsumm.html Education (NCLB) http://www.ed.gov/nclb/overview/intro/execsumm.html http://www.ed.gov/nclb/overview/intro/execsumm.html Health Care (S-CHIP) http://www.chicagotribune.com/news/nationworld/chi-kids- health-care_thufeb05,0,30310.story Health Care (S-CHIP) http://www.chicagotribune.com/news/nationworld/chi-kids- health-care_thufeb05,0,30310.story http://www.chicagotribune.com/news/nationworld/chi-kids- health-care_thufeb05,0,30310.story http://www.chicagotribune.com/news/nationworld/chi-kids- health-care_thufeb05,0,30310.story Same sex marriage laws Same sex marriage laws Federal Government makes laws that foster such programs

24. States have obligations to one another Full Faith and Credit Clause Full Faith and Credit Clause Article IV, Section I Article IV, Section I “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.” Marriage, Divorce, Custody and Adoption Marriage, Divorce, Custody and Adoption Defense of Marriage Act Defense of Marriage Act Loving v. Virginia Loving v. Virginia

25. More obligations... Comity Clause Comity Clause Article IV, Section 2: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” Article IV, Section 2: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” AZ can’t pass a law prohibiting NM residents from traveling, owning property, or working in AZ AZ can’t pass a law prohibiting NM residents from traveling, owning property, or working in AZ

26. And more... Interstate Commerce Clause Interstate Commerce Clause Article I, Section 10 Article I, Section 10 “No state shall, without the consent of the Congress... enter into any Agreement or Compact with another other State... ” “No state shall, without the consent of the Congress... enter into any Agreement or Compact with another other State... ” Water Rights Water Rights Has, more than any other clause, increased the power of the federal government Has, more than any other clause, increased the power of the federal government

27. Unfunded Mandates Setting National Standards – but not paying for them Setting National Standards – but not paying for them

29. New Federalism and Devolution New Federalism New Federalism Reagan, Nixon, and Clinton Reagan, Nixon, and Clinton Return more discretion to the states Return more discretion to the states Devolution Devolution Giving the states more power over policy Giving the states more power over policy

30. Simulation http://www.wwnorton.com/lowi8/chapt ers/ch03/simulation.asp http://www.wwnorton.com/lowi8/chapt ers/ch03/simulation.asp http://www.wwnorton.com/lowi8/chapt ers/ch03/simulation.asp http://www.wwnorton.com/lowi8/chapt ers/ch03/simulation.asp