Chapter 3

Federalism

Federalism in the Constitution

The word federalism is absent from the Constitution!!Yet it is explained in detail:

1. Guarantees states equal representation in the Senate2. Makes states responsible for both state and national elections3. Virtually guarantees the continuation of each state4. National government is required to protect states against

violence and invasion5. Supremacy Clause (Article VI) 6. Judges in every state are specifically told to obey the US

Constitution even if their state constitutions or state laws directly contracts it

7. Reserved Powers (10th Amendment)

States Obligations to Each otherArticle IV of the Constitution1. Full Faith and Credit (Article IV) requires states

to give credit to public acts, records, and civil judicial proceedings of every other state

2. Extradition almost all criminal law is state law; states are required to return a person charged with a crime in another state to that state for trial or imprisonment

3. Privileges and Immunities prohibits states from discriminating against citizens of other states (exceptions are college tuition, state elections)

Powers of the Government Inherent:

Enumerated:

Reserved:

Implied:

Denied:

How is federalism is addressed in America’s History?

Establishing National Supremacy:Four Key events have largely settled the issue of how national and state powers are related

Implied Powers (Article 1 Section 8: clause 18)

-- McCulloch V. Maryland, 1819

http://www.oyez.org/cases/1792-1850/1819/1819_0/ Supremacy of the national government over states National government has certain implied powers that go

beyond its enumerated powers Congress has the power to “make all laws necessary and

proper for carrying into execution the foregoing powers” Necessary and proper clause is like a rubber band

(flexible—elastic clause) I.e. Regulate food and drugs, build interstate highways,

protect consumers, clean up dirty air and water, etc.

Commerce Power: (Article I Section 8) Congress regulates interstate and

international commerce

Gibbons V. Ogden defines commerce very broadly to encompass virtually every form of commercial activity

http://www.oyez.org/cases/1792-1850/1824/1824_0

U.S. V. Lopez restricts interstate commerce for US government

http://www.oyez.org/cases/1990-1999/1994/1994_93_1260/

All implications for federalism

Civil War: What is about slavery or federalism? 1861-1865

Settled federalism and settled slavery

Struggle between states and national government

Struggle for Racial Equality Brown V. Board of Education, Topeka, Kansas Supreme Court held that school segregation was

unconstitutional Conflict between states and national government

over equality issues was decided in favor of the national government

National standards for racial equality prevailed

Types of Federalism Dual V. Cooperative Fiscal

Cooperative Federalism at work 1958 Congress passed the National Defense Education

Act Blurred federalism by supporting public elementary and

secondary education Before this, states controlled education 1965 Elementary and Secondary Education Act gave

federal aid to numerous schools

Standard operating procedures:

1. Shared costs

2. Federal guidelines

3. Shared administration

Fiscal Federalism Pattern of spending, taxing, and providing grants in the

federal system Grants-in-aid, federal funds appropriated by Congress for

distribution to state and local governments are the main instrument the national government uses for both aiding and influencing states and localities

The Grant system-distributing the federal pie You should know the following types of grants: VOCAB

--Categorical Grants --Formula Grants--Mandates --Block Grants

The Scramble for Federal $ $350 million in federal grants dispersed a year to states and

localities Mandates: requirements that direct states or local

governments to comply with federal rules under threat of penalties or as a condition or receipt of a federal grant

Problems with mandates: Problems occur when Congress passes a law creating financial obligations for the states but provides no funds to meet those obligations

Examples: Americans with Disabilities Act, Clean Air Act, No Child Left Behind Act

Federalism and DemocracyAdvantages More participation in

politics Increases access to

government

Disadvantages States differ in

resources they can devote to services like public education

The sheer number of governments can be a burden

(87,000 in the USA)