CHAPTER 2

Federalism: States in the Union

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Introduction2

The principal characteristic of a federal system is the sharing of power.

Federalism is a complex, adaptable system of relationships in which states have begun to assume a more energetic and vigorous role in domestic policy.

States play a crucial role by controlling things like drivers' tests, marriage licenses, tax returns, and public schooling.

Confederate, Unitary, and Federal Forms of Government

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Introduction and Definitions Confederation: a loose collection of states

in which principal power lies at the level of the individual state rather than at the level of the central or national governmentConfederations are founded on the political

idea of diversity and local control, allowing states to pursue diverse approaches to policy.

Historically, the United States under the Articles of Confederation was an example of a confederation.

Confederate, Unitary, and Federal Forms of Government (continued)

Unitary system of government: one in which principal power within the political system lies at the level of a national or central government rather than at the level of a smaller unitUnitary structures rest on the value of

unity and assume that there is a national interest in meeting needs and problems in a particular way.

The government of France and each of the 50 American state governments are unitary systems.

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The Idea of Federalism5

Federalism is a system of government in which national and state governments share power within the same political system.

Both national and state governments have jurisdiction over individuals in a federal system.

The federal system is a compromise between a strong central government and a league of separate states.

Unitary, Federal, and Confederate Systems

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A Comparative Perspective on Federalism

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Several diverse countries around the world have federal constitutional systems.

Common to all federal systems is the attempt to pull together disparate groups (based on culture, language, geography, or religion) while acknowledging their separate identities.

The relative power of the central government and constituent groups varies among federal systems.

Some of the world’s great political conflicts stem from the struggle to define the balance between national purposes and group needs in a federal system. French-speaking Quebec in Canada and the former Soviet republics are two examples.

States in the Constitutional System

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The 50 American states play an integral part in the American political system.

For example, states can do the following: Administer social welfare policies Help amend the Constitution Shape electoral contestants

Shifts in Regional Power, 1950 and 2010, as Measured by the Size of State Delegations in the U.S. House of Representatives

Shifts and changes in population between 1950 and 2010 meant that over the past sixty years parts of the East and Midwest lost seats in the House of Representatives, while the West and South gained seats. The apportionment of the 435 House seats is calculated for each state ten years following the census every. A state may increase its population but lose a seat if the rate of gain in other states is much greater.

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Express and Implied Powers

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Express and implied powers are both forms of delegated powers.

Express powers are specifically enumerated as belonging to Congress. Examples include the power to regulate interstate commerce, coin money, and declare war.

Implied powers permit Congress to make laws that are “necessary and proper” to execute express powers.

McCulloch v. Maryland (1819) first interpreted the “necessary and proper” clause in a way that allowed expansive power to the national government.

McCulloch also implied the principle of national supremacy.

Reserved Powers: What Do the States Do?

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According to the Tenth Amendment powers not delegated exclusively to the United States national government, and not directly prohibited to the states, are reserved by the states.

The following “police” responsibilities for the health, safety, and welfare of citizens are among the powers reserved for the states: Prevention and prosecution of criminal

activities Regulation of a variety of matters having to

do with public safety, business, and commerce

Responsibility for providing for the universal education of its citizens

Local Government: A Political Landscape of Contrasts

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One of the reserved powers of the states is control over the structure and powers of local governments. Traditionally, state legislatures have kept local

governments on a tight rein. In the late nineteenth century many local governments

were granted home rule, which is the power to determine (within limits) their powers and functions.

The structure of local governments may take the form of mayor-council, council-manager, or commissions.

Although local governments are primarily concerned with the unglamorous services essential to civilized life, occasionally their decisions cause a local crisis or controversy, invoking intense citizen interest.

Governmental Units in the Federal System

The federal system contains many governments, but they do not all do the same things. The national government, all state governments, and many local governments are general-purpose governments; that is, they perform a wide variety of functions. A city government, for example, will typically provide police protection and numerous social services. School districts and special districts geographically overlap with general-purpose governments and perform only a single function, such as education, water distribution, fire protection, or sewage treatment. The largest growth in number of governmental units in recent years has occurred in special districts due to the fact that they enable local areas to provide, collectively, services that they could not afford individually. Moreover, the particular tasks of special districts often stretch beyond the boundaries of local general-purpose governments. Finally, some local governments, such as towns or townships, have not been given power by their state constitutions and governments to perform such functions.

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Government Relationships in the Federal System

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Models of Federalism Dual Federalism: posits the view that

national and state governments are separate and independent form each other, with each level exercising its own powers in its own jurisdiction

Marble Cake Federalism: posits the view that across a wide range of public policies, despite occasional conflict, all levels of government are intertwined and work closely with one another

Relationships Between Levels of Government

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Legal Relationships The Supreme Court has played a major role in

settling conflicts between different levels of government.

The Court has generally supported national government and national constitutional values in resolving conflicts with the states, particularly in the following areas: Regulation of interstate commerce Interpretation of the due process clause of the

Fourteenth Amendment Interpretation of the equal protection clause of the

Fourteenth Amendment

National Aid to State and Local Governments Since 1960, in Current and Constant Dollars, in Billions

National aid to state and local governments rose sharply after 1960 to a high point, in 1980, of $227.1 billion in constant 2005 dollars and then fell in constant dollars through the 1980s. In the early 1990s, aid began to rise again, in both current and constant dollars. In 2011 the amount in constant dollars is estimated at twelve times the amount of aid in 1960.

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Relationships Between Levels of Government (continued)

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Fiscal Relationships Categorical grant-in-aid: a transfer of

cash from the national government to a state or local governments for some specific purpose

Block grant: a transfer of cash from the national government to a state or local government for use in a broad policy area, allowing greater discretion on the part of the state or local government

Relationships Between Levels of Government (continued) Political Relationships

The federal system can be seen as an arena for political relationships among officials at all levels of government who lobby and cajole one another and who bargain and negotiate with one another.

Many of the political relationships in the federal system derive from differences among states and localities as they compete with each other to press their individual interests. Areas of contention include the following: The long history of slavery and discrimination in

the South Environmental policy Defense contracts

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Federalism Today19

Federalism in the twenty-first century The national government has become

more dominant over the past two centuries.

The states have recently become public policy innovators, particularly in the areas of education, welfare, and the environment.

Although the states are doing more, the national government has cut funds and increased the number of regulations applying to state and local governments.