FEDERALISM

Chapter 3

Government in America: People, Politics, and PolicyEdwards/Wattenberg/Lineberry

Updated Summer 2014

US V LOPEZ

What was the issue behind the Lopez case?

How does this show a conflict between state and national government?

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. Also known as a federal system. The US is this type of government.

Unitary governments: a way of organizing a nation so that all power resides in the central government. Example: England

Confederation: The power lies with the states and the central government is very weak. This is how we operated under the Articles of 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

CURRENT ISSUE INVOLVING FEDERALISM Medical Marijuana:

Federal Law: Controlled Substances Act of 1970 – prohibits the sale, possession, or use of marijuana

1996 – CA voters pass the Compassionate Use Act, legalizing the medical use of marijuana with a doctor’s prescription (17 other states have followed CA lead)

Clear conflict between state and federal law

Supreme Court case: Gonzales v Raich (2005) – Users argued that the feds had overstepped their power because all the marijuana in CA was grown and distributed WITHIN the state. NOT interstate commerce.

Court disagreed, saying that medical marijuana is indistinguishable from illicit marijuana because There is no way to guarantee that all marijuana grown for

medical purposes is being USED for medical purposes, and that it will stay within the state of CA.

DEFINING FEDERALISM

Why Is Federalism So Important?Decentralizes our politics

More opportunities to participateDecentralizes 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.

THE CONSTITUTIONAL BASIS OF FEDERALISM The Division of Power

Supremacy Clause, Article VI of the Constitution states the following are supreme:The U.S. ConstitutionLaws of CongressTreaties

Yet, national government cannot usurp state powers.TENTH AMENDMENT!!!! Powers NOT given to the federal government belong to the states!

THE CONSTITUTIONAL BASIS OF FEDERALISM(SPECIFIC TITLES FOR EACH GROUP OF

POWERS ON THE NEXT SLIDES. GET THESE IN YOUR NOTES!!)

DELEGATED POWERS (AKA ENUMERATED OR EXPRESSED)

Listed in the ConstitutionArticle I, Section 8Declare warMaintain a militaryRegulate interstate and foreign

commerceCoin moneyPunish counterfeitersEstablish post offices and post roadsEstablish copyrights and patents

IMPLIED POWERS

Created by the Necessary and Proper Clause (Art I, Sec 8, Clause 18), aka the Elastic ClauseAllows Congress to STRETCH its

power beyond what is outlined in the Constitution

Example – The draft

RESERVED POWERS

TENTH AMENDMENT

Says that any power NOT given to Congress through the Constitution is RESERVED to the states or the peopleEducationMarriage Supreme Court Ruling on Gay Marriage

Driver’s Licenses

CONCURRENT POWERS

Powers shared by the states and the federal governmentTaxBorrow MoneyBuild roadsEstablish courtsMake lawsSpend money

PROHIBITED POWERS

Things Congress is NOT allowed to do

Pass ex post facto lawsSuspend the writ of habeas corpusPass bills of attainder

THE CONSTITUTIONAL BASIS OF FEDERALISM

Establishing National Supremacy happened through very specific events (Each of which gets their own slide ) Implied powers and National Supremacy

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) Federal government created the national bank The state of Maryland taxed the Baltimore branch

of the bank, action upheld in state court Questions:

Does the federal government have the power to create the bank if it’s not mentioned in the Constitution?

Can the state of Maryland tax the federal government?

Two major principles from the outcome of the case: Supremacy of the federal government Implied powers – there are powers Congress has that are

not in the Constitution because of the “elastic” or “necessary and proper clause” (Article 1, Section 8, last paragraph)

GIBBONS V OGDEN (1824)

Outcome: The Supreme Court gave a very broad interpretation to Congress’ power to regulate interstate commerce so that it includes virtually every form of commercial activity

Definition has become even more broad with the expansion of technology

CIVIL WAR (1861 – 1865)

Really this was NOT a battle over slavery, it was a struggle over who held the power, the states or the federal government

Outcome favored the federal government over states’ rights

STRUGGLE FOR RACIAL EQUALITY Again, this was a battle over states’

rights

Key court decision: Brown v Board of Education of Topeka, KS (1954)

National government implemented desegregation policies and the states had to comply whether they liked it or not. The struggle was long and difficult and took further action from the federal government to guarantee that policies were put in place and followed.

THE CONSTITUTIONAL BASIS OF FEDERALISM

States’ Obligations to Each OtherFull 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.

INTERGOVERNMENTAL RELATIONS TODAY

Dual FederalismDefinition: 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 governmentEnded in the 1930’s

INTERGOVERNMENTAL RELATIONS TODAY

Cooperative FederalismDefinition: 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 administrationStates follow federal guidelines

WHAT IS COOPERATIVE FEDERALISM IN THE US TODAY?

Shared Costs – states and cities get money to do all sorts of projects, but they only pay part of the bill

Federal guidelines – there are strings attached to federal money

Shared administration – state and local officials implement federal policies, but have federal dollars to spend and latitude in spending it

INTERGOVERNMENTAL RELATIONS TODAY

Fiscal Federalism - the pattern of spending, taxing, and providing grants in the federal system; it is the key to the national government’s relations with state and local governments

DIFFERENCES BETWEEN THE PARTIES IN THE 20TH CENTURY Democrats have supported increasing the power of

the federal government in policies ranging from child labor laws to Social Security and health care.

Republicans oppose these policies and wanted states to take responsibility for these issues

Republicans controlled both houses in 1994, began a policy of DEVOLUTION: transferring responsibility for policies from the federal government to the states Repealed the federal speed limit, states took control of

welfare Things mellowed under GW Bush – No Child Left

Behind was a MAJOR federal policy. However, Tea Party Republicans want to see the

states given back more power over policy issues today

INTERGOVERNMENTAL RELATIONS TODAY

Fiscal Federalism (continued) The Grant System: Distributing the Federal Pie

Categorical Grants: federal grants given to states and cities that can be used for specific purposes; grants with strings attached

Project Grants: based on merit, competitive application process

Formula Grants: amount varies based on formulas

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

Which parties prefer which grants? WHY?

INTERGOVERNMENTAL RELATIONS TODAY Fiscal Federalism (continued)

The Scramble for Federal Dollars$460 billion in grants every yearGrant distribution follows universalism—a little something for everybody.

The Mandate BluesMandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.

Unfunded mandates - states have to do what they’re told with no financial help from the federal government

UNDERSTANDING FEDERALISM

Advantages for Democracy Increases access to

governmentLocal problems can

be solved locallyHard for political

parties or interest groups to dominate all politics

Disadvantages for DemocracyStates have different

levels of serviceLocal interest can

counteract national interests

Too many levels of government and too much money

UNDERSTANDING FEDERALISM

UNDERSTANDING FEDERALISM

UNDERSTANDING FEDERALISM

UNDERSTANDING FEDERALISM

UNDERSTANDING FEDERALISM

Federalism and the Scope of GovernmentWhat 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.

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.