FEDERALISMChapter 3

Introduction: What did Hurricane Katrina reveal about

the issue of federalism?

American Federalism Does federalism, the vertical division of power,

enhance democracy in the United States? Does the additional layer of policymakers make

governments more responsive to public opinion or merely more complicated?

Does it enhance the prospects that a national majority of Americans have their way in public policy?

What are the implications of federalism for the scope of the national government?

Why has the national government grown so much in relation to state governments, and has this growth been at the expense of the states?

Defining Federalism What is Federalism?

Federalism: a way of organizing a nation so that two or more levels of government have formal authority over the land and people.

Only 11 of 190 nations have a federal structure.States derive power from Constitution not

national government Unitary governments: a way of organizing a nation so that

all power resides in the central government.State Gov’ts are unitary

Confederation: The United Nations is a modern example. Intergovernmental Relations: the workings of the federal

system- the entire set of interactions among national, state and local governments

Defining Federalism

Defining Federalism Why Is Federalism So Important?

Decentralizes our politics More opportunities to participate

Decentralizes our policies Federal and state governments handle different

problems. States regulate drinking ages, marriage, and speed

limits. States can solve the same problem in different

ways and tend to be policy innovators. Democracy Laboratories

The Constitutional Basis of Federalism The Division of Power

Supremacy Clause, Article VI of the Constitution states the following are supreme: The U.S. Constitution Laws of Congress Treaties

Yet, national government cannot usurp state powers. Tenth Amendment

Powers Under Federalism1. Delegated Powers

Powers that the Constitution gives to the National Government

2. Reserved Powers Powers that are not given to the National

Government and aren’t denied to the states either Because of the 10th Amendment these belong to

the states3. Concurrent Powers

Powers that both the National and State Governments share

Typical Model of Federalism

National GovernmentNational Government State GovernmentsState Governments

“Delegated Powers” •enumerated •implied

“Reserved Powers”

(the police powers)Concurrent Concurrent PowersPowers

Exclusive PowersExclusive Powers

Powers Activity1. You will be given a power.2. Take your power and go to the category

that your power belongs.3. You will then come back to the middle

and we will put the powers in a pile.4. You will draw another power and go to

that category.5. We will do this a few times.

The Constitutional Basis of Federalism

Super Powers!!!! It’s a bird, it’s a plane, no it’s a SUPERPOWER!!! Click picture for video . . .

Draw Your Superhero Team1. On the blank sheet of paper, draw a

superhero for each type of power (Delegated, Reserved, & Concurrent).

2. Give each superhero at least 4 superpowers based on the ones that we did in the powers activity. For example, levy taxes, create federal courts, etc.

The Constitutional Basis of Federalism States’ Obligations to Each Other

Full Faith and Credit: Each state must recognize official documents and judgments rendered by other states. Article IV, Section I of Constitution

Privileges and Immunities: Citizens of each state have privileges of citizens of other states. Article IV, Section 2 of Constitution

Extradition: States must return a person charged with a crime in another state to that state for punishment.

Gay Marriage

Why has the federal government gained power relative to the states? Establishing National Supremacy

Implied and enumerated powers McCulloch v. Maryland (1819)

Commerce Powers Gibbons v. Ogden (1824)

The Civil War (1861-1865) The Struggle for Racial Equality

Brown v. Board of Education (1954)

McCulloch v. Maryland (1819)

Background Bank of the US operated in Maryland Maryland did not want BoUS to operate

in state, competition unwanted, unfair Maryland taxed the bank to put it out of

business McCulloch, BoUS employee, refused to

pay the state tax

McCulloch v. Maryland (1819) Is a Bank of the US Constitutional?YES. The national gov’t has certain

implied powers that go beyond delegated powers. US needs a national bank for borrowing, lending, holding minted money, etc. All of which are delegated powers.

McCulloch v. Maryland (1819)

Can a state tax the federal gov’t?-NO. The federal gov’t is supreme. Since the BoUS is constitutional, only the feds may tax it.

-John Marshall reaffirmed Supremacy Clause and Elastic Clause

-National (Federal) Gov gets STRONGER

Commerce clause Art. I, Sec. 8, Cl. 3 – ‘The Congress shall

have power - To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”

Congress has used the elastic clause to stretch this power

What is commerce? “Buying and selling of goods and services.”

Congress given the power to regulate commerce between foreign countries and US as well as state to state… they control business law.

Gibbons v. Ogden (1824) 1824 – aka “The Steamboat Case” Ogden received a state licensed

monopoly to run a ferry across the Hudson River

Gibbons also saw the potential of the traffic between NJ and NY and obtained a federal license.

Ogden sued saying he had the valid state license, even though Gibbons had US license

Gibbons v. Ogden (1824)

Result – Gibbons wins Expanded national power in all areas of

commerce law because nation overruled state in interstate trade issues

Fed Gov’t gets STRONGER All trade today is primarily controlled by

national law

Commerce Clause Who cares? Why is it important? Gibbons v. Ogden ruling makes a loop

hole giving Congress power to take control over any issue involving the movement of people, or things

Fed gov’t power increased

Intergovernmental Relations Today Dual Federalism

Definition: a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies

Like a layer cake Narrowly interpreted powers of federal

government McCulloch v. Maryland increased the power of

the federal government in relation to the states.

Ended in the 1930’s

Intergovernmental Relations Today Cooperative Federalism

Definition: a system of government in which powers and policy assignments are shared between states and the national government

Like a marble cake Shared costs and administration States follow federal guidelines

1933-1939-FDR and the New Deal. In response to widespread poverty and unemployment, FDR responded with series of sweeping national programs such as social security, public works… The Supreme Court eventually confirmed FDR’s right to actively intervene in areas traditionally left to states on the basis of the federal government’s constitutional right to regulate interstate commerce (Article I, Section 8 and the elastic clause)

Made possible by the 16th Amendment (1913): Federal Income Tax

Fiscal Federalism Definition: the pattern of spending,

taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments.

Intergovernmental Relations Today

Intergovernmental Relations Today

Intergovernmental Relations Today Fiscal Federalism (continued)

The Grant System: Distributing the Federal Pie Catalogue of Federal Domestic Assistance-massive

volume listing federal aid programs available to local & state gov’ts.

Categorical Grants: federal grants that can be used for specific purposes; grants with strings attached

Project Grants: based on merit, competitive applications Formula Grants: amount varies based on formulas

Block Grants: federal grants given more or less automatically to support broad programs

Grants are given to states & local governments.

Intergovernmental Relations Today

Fiscal Federalism (continued) The Scramble for Federal Dollars

$460 billion in grants every year Grant distribution follows principle of universalism—a little

something for everybody…even though some money goes where its not really needed.

The Mandate Blues Mandates direct states or local governments to comply with

federal rules under threat of penalties or as a condition of receipt of a federal grant.

Underfunded mandate—states would rather not receive federal funds.

Unfunded mandates Ex: Clean Air Act of 1970, Americans with Disabilities Act of

1990, No Child Left Behind.

Understanding Federalism Advantages for

Democracy Increases access to

government Local problems can

be solved locally Hard for political

parties or interest groups to dominate all politics

Disadvantages for Democracy States have

different levels of service

Local interest can counteract national interests

Too many levels of government and too much money

The National Drinking Age Let’s look at your packet . . .

Understanding Federalism

Understanding Federalism

Understanding Federalism

Understanding Federalism Federalism and the Scope of

Government What should the scope of national

government be relative to the states? National power increased with industrialization,

expansion of individual rights, and social services.

Most problems require resources afforded to the national, not state governments.

Understanding Federalism

Summary American federalism is a governmental

system in which power is shared between a central government and the 50 state governments.

The United States has moved from dual to cooperative federalism; fiscal federalism.

Federalism leads to both advantages and disadvantages to democracy.