What is Federalism?

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

Review Questions

•Which of the following is viewed as an advantage of the many governments that characterize American federalism?

• Having various levels of government, federal, state, and local, allows for the government to experiment with new policies on small scales before they bring it to large scale. I.E. Race to the Top

TYPES OF POWERS RECAPPOWER DEFINITION EXAMPLE

Enumerated/(Expressed) Powers

Those the Constitution specifically grants to the federal government

borrow & make money, declare war, make treaties, judicial review

Implied (Elastic/ N& P Clause)

Those powers suggested by the expressed powers, something needed to be done in order to carry out an expressed power

National bank, the draft

Inherent Powers that naturally belong to any government of a sovereign nation

Immigration, maintain borders

Reserved states have authority over matters not present in the Constitution

Public schools, Business within the state, Elections, Est local gov’t

Concurrent powers shared by the Federal government and state governments in the Constitution

taxation, make laws, establish courts

Dual Federalism: • Interpretation that limits powers to

both national and state governments.

• Sometimes referred to as layer cake federalism where there are clear divisions between "layers" or levels of government.

• With dual federalism there is a strict definition of federal, state and local responsibilities.

• Tends to lean towards national supremacy.

Types of Federalism/Eras

1789 -1920s

Cooperative Federalism: • A system in which national, state,

and local governments interact cooperatively, working jointly to solve common problems, rather than making policy separately.

• Federalism is a marble cake in which all levels of government are involved in a variety of programs.

• Shared costs & administration• States follow federal guidelines• Tends to favor states rights.

Types of Federalism/Eras

1930s -1960s

Review Question

•Supreme Court Case, Gibbons v. Ogden

•Defined interstate commerce as, commercial activity and federal authority

Establishing National Supremacy•Implied Powers•Commerce Powers•The Civil War•The Struggle for Racial Equality

States’ Obligations to Each Other•Full Faith and Credit•Extradition•Privileges and Immunities

The Constitutional Basis of Federalism

•Full Faith and Credit Clause

•That all states must recognize the laws, judicial proceedings, and regulations of other states

•This has been a point of contention with same sex marriage

Review Questions

•As originally ratified, the US Constitution included provisions designed to...?

• Increase the economic powers of the central government

Fiscal Federalism: • The pattern of spending, taxing,

and providing grants in the federal system

• Categorical Grants: Federal grants that can be used for specific purposes. They have strings attached

• Project Grants- based on merit• Formula Grants: amount varies

based on formulas• Block Grants: Federal grants

given more or less automatically to support broad programs.

Types of Federalism/Eras

Categorical vs. Block

Categorical grants•One form of aid from federal to state and local government•Grant finances particular policies•No state or local discretion•Administered by federal agencies

Block Grants•Form of aid from federal to state and local government•Grant finances broad array of policies•Substantial state and local discretion•Administered at state level•Advocated by Republican Presidents

Fiscal Federalism: • $300+ billion in grants every

year• Universalism- a little something

for everybody• Mandates are the “strings”

attached to federal money• Unfunded mandates are

requirements on state & local governments - but no money

• States can petition for waivers

Types of Federalism/Eras

Review Question

• In the 1800’s, the federal government compelled the states to raise their drinking age by?

• The federal government created grants that threatened to withhold funds, specifically highway funds. o Example of Federal governments way to “force”

states to comply

New Federalism: • New federalism originated in the

early 1970s with the Nixon administration's Republican efforts to return federal administrative power to state governments

• Later led to Reagan’s devolution (returning control to the states).

• Supported by Supreme Court decisions, striking down federal laws/regulations that infringe on states' rights

Types of Federalism/Eras

1970s -today

Review Questions

•Which aspect of fiscal federalism did Congress challenge with legislation after the Republican Revolution?

•Republicans = less federal government = more states rights

• IE. Having mandates that are not funded.

Federalism and the Scope of Government

Which level of government is best able to solve the problem?

Which level of government is best able to fund solutions to the problem?

Unitary Confederate Federal

Central Holds primary authorityRegulates activities of states

Limited powers regarding states

Shares power with the states

State Little or no powersRegulated by central government

SovereignAllocate some duties to central government

Shares power with the central government

Citizens

Vote for central government officials

Vote for state government officials

Votes for both state & central officials

TYPES OF GOV RECAP

Division of Power•The U.S. Constitution•Laws of Congress•Treaties•State Constitutions•State Laws

The Constitutional Basis of Federalism

Advantages?

Primary advantages of state control•Federal ideal – diverse states provide real choices•Promotes competition across states•Revitalizes state government – governments only improve if stakes are high•Grassroots problem solving – involves local communities, tailored to local problems•Reduces federal bureaucracy

Primary advantages of federal control•Equity: benefits from education or social security not dependent on where you live•Economies of scale (one bureaucracy instead of fifty)•States cannot redistribute (competition for productive firms and workers creates incentives to reduce social welfare spending)•Many states have limited partisan competition•Many states are dominated by narrow economic interests