FEDERALISM

The Structure of Our Government

FEDERALISM

Definition- A political system in which or more governments have sovereignty (authority) over the same area and people.

This government form is established in the

The federal government is granted powers, the state is given powers, they share powers, and they are prohibited powers.

Other nations that choose federalism include India, Canada, Germany & Australia.

Why Federalism?

1) Checks the growth of - does not allow one to have too much power & prohibits the government from doing certain things.

2) Allows for 3) political activity

Alternatives to Federalism

government- all power rests with the federal government.

Unitary- France, Italy, Great Britain

- loose association of independent states.

Examples: UAE, Switzerland, USA (pre- Constitution)

Constitutional Basis of Federalism

The word is not mentioned in the Constitution.

The founders carefully defined the powers of state and national governments.

Although the federal government was favored, states were retained as components of government.

Types of Federalism

Dual Federalism- both governments are within their own sphere.

Also known as cake federalism. Cooperative Federalism- Various levels

of government work together to deliver public services.

Also called cake federalism.

Dual vs Cooperative

Dual is favored by the . Cooperative is favored by the federal

government. We have moved from a system of

federalism to one that is predominately one that favors federalism.

Supremacy Clause

This clause deals with which gov’t should prevail in disputes between the states and the national government; Article VI states that three items are the “supreme law of the land.”

1. The 2. Laws of the government (when

consistent with the Constitution) 3. (which can only be made by the

national government.)

Who is Supreme?

The national gov’t can only operate within its appropriate sphere and cannot states’ powers.

The Amendment states that “powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

There have been many variations in the Supreme Court’s interpretations of the 10th Amendment.

National Supremacy

Three key events have largely settled the issue of how national and state powers are related:

1) the McCulloch v. Maryland case 2) the Supreme Court’s interpretation

of the clause 3) the movement

McCulloch v.Maryland(1819)

Initial case in which the issue of state versus national power came before the Supreme Court.

Ruling: 1) Established the of the

Supremacy clause: National policies take precedence over state policies. “The United States government is within its sphere of action.”

McCulloch v Maryland (1819)

2) Established the meaning of the “elastic clause (or necessary and proper clause): Congress has powers to “make all laws necessary & proper for carrying into execution the foregoing powers.”

This clause is located in of the US Constitution.

Commerce Clause

A clause located in Article I of the Constitution. Allows Congress to regulate interstate commerce.

First interpreted by the Supreme Court in (1824), in a broad decision

that allowed Congress (nat’l gov’t) to have power over all activity.

Civil Rights Movement

This help settle the argument over between the federal & state

governments. Most decisions came down in favor of

the government during the 1960s allowing it to end segregation in schools, housing, , voting & jobs.

ARTICLE IV

Article IV of the US Constitution deals with the between the states.

There are certain obligations that each state has to every other state.

Also called “ federalism”

Horizontal Federalism

Full Faith & Credit- states are required to give full faith & credit to the public acts, records, and proceedings of every other state.

Extradition- states are required to return a person charged with a in another state to that state for trial or imprisonment.

Privileges & immunities- citizens of each state receive all the priv & imun of any other state in which they happen to be.

NULLIFICATION

States have the right to declare null and void a federal law that they believe violated the Constitution.

Madison, Jefferson & authored this law.

Decided after the Civil War; the federal union was indissoluble and states

nullify federal law.

Protections for states in the Constitution

No state can be without its consent.

Two for every state. Every state assured of a

form of government. Powers not granted to Congress are

reserved to the

States’ Constitution

States’ constitutions may provide for direct democracy.

1) Initiative 2) Referendum 3) Recall

Cities, towns, and counties have no such protections. They exist at the of the state government.

Federal-State Relations

Grants-in-aid are the main instrument the national government uses for both aiding and influencing states & localities.

Began before Constitution with and cash grants to states.

Purpose of grants

1) Supply states and local government with .

2) Established national national standards. (Air, highways)

3) Equalize among states.

4) Attack national problems without creating new agencies.

Types of Grants

Categorical grants (the main source of federal aid) - grants that can be used only for

purposes, or categories. A) States/local agencies can obtain

categorical grants only by applying for them and by meeting certain

B) Categorical grants come with numerous “ ” attached that reduce or deny funds if certain laws/guidelines are

not met. Condition of - must be met to receive $$

Categorical Grants

There are two types of categorical grants: 1) project- most common type; awarded on

basis of competitive applications. 2) - states/local governments

receive funds based on a formula developed by such factors as population, per capita income, etc.

Examples include Medicare & public housing

Block Grants

These are used to support broad programs in areas like community development & social services.

Created in response to the restrictive federal requirements imposed by categorical grants.

States have more when spending the money.

Favored by

The Flow of Federal Funds (Grants)

1930s-1960s - federal gov’t had a lot of money, so grants were easy to attain.

1960s- Shift from what the states demanded to what federal officials considered important as national needs.

Intergovernmental Lobby

State/local governments had become dependent on federal funds.

These governments sent hundreds of officials to lobby for $$ in

. They tried to get federal $$ with fewer

The Slowdown in Free Money

Post 1960s- Block grants started to grow due to political coalitions, who preferred categorical grants that ensured these groups receive funds.

Categorical grants are essential to state , without them $$ could be diverted elsewhere.

Rivalry amongst states

Due to the tougher restrictions: 1)Competition increased between

states for federal funds. 2)Frostbelt vs. 3)Monies given to states were a direct

result of the , which increased in importance.

Federal Aid & Control

Mandates- federal that states or localities must obey

1) civil rights (American w/ Disabilities Act) 2) environmental protection (Clean Air Act) These are difficult to employ & costly. Unfunded mandates are the most

with the states. Some mandates arise from

(i.e. school desegregation).

Devolution Revolution

Return management of grants to the with an emphasis on block

grants. Republican favor state governments

and distrust the federal government. 10th amendment vs. elastic clause