federalism ch 4

“Federalism”

You’re Not the Boss of Me!

(Oh, wait . . . . . well, . . .

. . . . . Maybe you are.)

Ch 4

How is living at your house like Federalism?

• You have a ________ within the family’s house

• Who makes the "rules" for YOUR room? ________

• Whose decisions outweigh your decisions? _______

• Your parents don't usually let you “go anywhere” without asking you to “do” something first … examples …

• What are your chores?" Do you get paid?

• States are smaller units within the country

• "Laws" for the state are made by the state

• Federal laws is supreme to the state laws

• Allowances from federal government usually come with strings attached (if you want federal highway funding, you will raise the drinking age).

• Federal government mandates "programs" and then does not fund the program.

• Both you and your parents have assigned responsibilities, what are your responsibilities around the house? (Parental expectations)

• How does your family "share" the work-load?

• What do you and your parents argue about?

• Each room has different "rules" attached to it. What are the "rules" in each room?

• Can you think of any time when you came up with a solution and the family implemented it?

• Federal and State governments have separate responsibilities– (Federal gov’t protects the country/economy– each state gov’t protects general welfare of the people

w/in their state)

• A lot of programs are "shared" by both the federal Gov’t & the state Gov’t

• Both levels are constantly seeking to maintain their own "power“

• Every state makes laws that "fit" their state/people

(snow chains in some, not in others).• States try new programs, if they work at state level,

they are brought up to the federal level.

Federalism

System of government in which powers are divided and shared between a central or

national government and its sub-divisional governments at different “levels”

Understanding Federalism

Why Federalism Matters• Gay marriage• Death penalty• Welfare reforms• Immigration policies• Leave no child behind• Abortion• Medical Marijuana• Money! (unfunded mandates)• Minimum wage issues• Hurricane Katrina

(where’s FEMA?-blame-federal/state/local?)

Title: Another Perfect Storm

Artist: Jeff Danziger Date: September, 2005 http://cartoonbox.slate.com/

States have

their own laws…

check these laws out

Federalism in practice

State Laws on the books today…

It is illegal for a driver to be blindfolded while operating a vehicle.

It is illegal to wear a fake mustache that causes laughter in church.

A L A B A M A



Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.

It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.

C A L I F O R N I A



Prohibits shooting rabbits from a motorboat.

K A N S A S

It is illegal to rob a bank and then shoot at the bank teller with a water pistol.

L O U I S I A N A



It is illegal to take more than three sips of beer at a time while standing.

It is illegal to drive without windshield wipers but a windshield is not required

It is illegal for one to shoot a buffalo from the second story of a hotel.

It is illegal to milk another person's cow.

T E X A S

So What is Federalism?

System of government in which powers are divided and shared by a central government

and its sub-divisional governments

What is Federalism?• Defining Federalism: the

distribution of power between a central and sub-divisional governments

– the central government– the states– the local government

• all share power to make, enforce, and interpret laws

What is Federalism?• Both the state and federal

governments have substantial power and responsibility

– including the power to tax and enforce laws that regulate conduct of individuals.

What is Federalism?• Mere existence of state

and federal governments does not make it a federal system.

• Both the federal government and the state government get their power from a common source - the constitution.

Alternatives to Federalism

Unitary Systems:

• Puts all governmental power in the central government

• Britain, France, Israel, and the Philippines.

Confederations:• Sovereign nations create a constitutional compact

but carefully limited the power of the central government

• Articles of Confederation, The United Nations, European Union

Why did they choose Federalism?

• “Confederation”- tried and failed.• “Unitary” government? Was out-of-the-

question!!! Founding Fathers were too attached to state governments (It was too much like England’s gov’t)

• Federalism allows “Unity without Uniformity”

– National politicians do not have to iron out every difference on every issue that divides us. Issues are debated in the state legislatures, county courthouses, and city halls.


Federalism “Encourages Experimentation”- State gov’s are “laboratories” for public policy experimentation.

Negative effects are limited if programs fail. If they succeed, they can be implemented elsewhere.


• Federalism “Keeps Government closer to the People”

• We serve on boards and associations and on planning commissions locally.

• Keeps us close to the issues and gives us firsthand knowledge of what needs to be done.

• May be more responsive to the problem than experts far away in Washington.

Powers of the National Government “Delegated Powers”

• Expressed powers – Spelled out in the Constitution for the 3 branches of our federal gov’.

– Declare war– Mint money– Regulate trade

between states– Etc…

Powers of the National Government “Delegated Powers”

• the founders could not have enumerated …– Electricity– Air travel – Internet– Drug trafficking– etc…???

• “necessary & proper” clause (elastic clause)

Implied powerspowers that we infer from other powers

Powers of the National Government

• Inherent powers - Powers the federal gov’t has simply because we are a gov’t recognized by other world powers.

– Examples include: to tax, defend & acquire territory and deport undesireable aliens.

Powers of the States• Reserved powers

– powers not granted to the national government are reserved for the states.

Concurrent Powers

• Concurrent powers– powers that are shared

by both federal and state governments.

• Examples include:– To tax– To define laws – To punish criminals– Many others…

Expansion of Federal Government

• National Supremacy Article– “The constitution is the Supreme Law of the

land” even if it conflicts with some state law

• Officials of the state as well as the nation are bound by constitutional oath to support the Constitution.

• States may not use their reserved powers to override national policies.

• NO to Nullification


• War Powers:

• National government (specifically President) has the power to wage war and do whatever is necessary and proper to do so successfully.


Power to Regulate Interstate & Foreign Commerce- Commerce includes production, buying, selling, renting, and transporting goods, services, and properties.

Few aspects, if any of our economy today affect commerce in only one state . . . . thus little is outside the scope of national government’s authority


• Power to Tax and Spend- Congress lacks constitutional power to regulate education or agriculture directly, yet it does have the power to appropriate or withhold money to say… support education or to pay farm subsidies.

• By attaching conditions to its grants of money, Congress regulates what it cannot directly control by law.

• For example, they often require the states to do certain things and sometimes do not supply the money to do so- this is called a federal mandate.

Federalism and the Scope of Government-Why has the Federal Gov’t.

grown so much?

• As the U.S. has evolved from agriculture to industry, new demands for government arose.

• The national gov‘t answered with a national banking

system, subsidies for railroads, & airlines, corporate tax breaks and a host of other policies created to encourage expansion of the national economy.

Federalism and the Scope of Government-Why has the Federal Gov’t. grown so much?

• The formation of large corporations led to abuses and many interests asked the national government to step in & to regulate and encourage open competition.

• Farmers also sought services such as price supports

Unions sought better working conditions, better pay, and a wide range of social policy.

http://www.laborheritage.org/starr.jpg

Federalism and the Scope of Government-Why has the Federal Gov. grown so much?

• As we urbanized, we’ve had new problems in housing, education, transportation, & the environment.

• The states lack the resources and authority to deal with such enormous problems.

• if the states were responsible for something like social security, then how do you deal with pensions for people who move from state to state?

• We, the American public have demanded that the national government take up the issues of the country because we know that the federal government has the resources to do so.

Guarantees of the National gov’t to the States

(Article 4 of the Constitution)

• Republican form of government- at least one representative in the house and 2 Senators.

• Protection from invasion- both foreign and domestic

• Territorial integrity- can not divide the state-must recognize boundaries.

Interstate Relations (Article 4 of the Constitution)

• Full Faith and Credit-accept the other states a public record as valid-licenses divorce decrees, judicial settlements.

• Interstate Privileges and Immunities-right to engage in occupations, access to the courts, freedom from discriminatory taxes, freedom from unreasonable residency requirements

Interstate Relations (Article 4 of the Constitution)

• Extradition-no state can hold fugitives from other states.

• Interstate Compact- interstate agencies to handle interstate problems-most need congressional approval. Typically a state belongs to 20 compacts (environment, crime, water rights)

The Role of the Federal Courts-Umpires of Federalism

• McCulloch V. Maryland (1819)- Maryland levied tax again the Baltimore branch of the Bank of the United States.

• McCulloch, the cashier of the Bank refused to pay Md. on the grounds that the state could not tax an the national government.

McCulloch V. Maryland

• State argued that the US Bank is not absolutely necessary to the exercise of any of the delegated powers, and that Congress had no authority to establish it.

• Also the power to tax is a reserved power, . . . and the state may use it however they may see fit.

McCulloch V. Maryland

• Federal government argued- that the implied power means Congress has the authority to enact any legislation convenient and useful for carrying out its delegated national powers. They used the bank as a means for collecting taxes, borrowing money, and caring for the property of the United States.

• The Decision- John Marshall: established the doctrine of national supremacy. No state can use its reserved taxation power to tax a national instrument because the power to tax involves the power to destroy.

An Expanding Role for the Federal Courts-

• Authority of the courts has grown through modern judicial interpretation of the 13, 14, and 15th amendments and congressional legislation enacted to implement them.

• Recently, the Court has returned to the states several some very explosive political issues. EX: (Webster and Casey) both abortion cases.

Federalism and Use of Grants• Congress authorizes programs and appropriates funds-they

have deeper pockets than the states. • Their most potent tool for influencing policy at the state level

has been through grants.

Federalism and Use of Grants

• Categorical grants- Congress appropriates money for specific purpose.

• They also provide for federal supervision.

Categorical Grants continued• Most common is the Project

Grant- awarded on the basis of competitive applications (research universities)

• Formula Grants- distributed according to a formula-based on some factor such as population, per capita income, percentage of rural population, etc.– Most common formula grant are those

for Medicaid, child nutrition grants, sewage treatment, public housing and community development.

Federalism and Use of Grants

• Block grants- broad grants given to states for prescribed activities- few strings attached, but when the money for any fiscal year is gone, there is no more money. The money is given in a lump sum!

Federalism and Use of Grants• Conditional grants - Congress appropriates the money BUT

with conditions attached.• Can’t have the money unless you match the amount they are

giving. (Raise the drinking age if you want your federal funding)

federalism ch 4

Documents