unit3 federalism

18
Federalism POWERS OF THE FEDERAL GOVERNMENT S H A R E D POWERS OF STATE GOVERNMENTS

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Page 1: Unit3 Federalism

Federalism

POWERS OF THE FEDERAL GOVERNMENT

SHARED

POWERS OF STATE

GOVERNMENTS

Page 2: Unit3 Federalism

Defining Federalism

• What is Federalism?– Definition: A way of organizing a nation so

that two or more levels of government have formal authority over the land and people.

• Intergovernmental Relations-– Definition: The workings of the federal

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

Page 3: Unit3 Federalism

Defining Federalism

Unitary Confederate Federal

Central Holds primary authority

Regulates activities of states

Limited powers regarding states

Shares power with the states

State Little or no powers

Regulated by central government

Sovereign

Allocate 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

Page 4: Unit3 Federalism

Defining Federalism

• Why is Federalism So Important?

– Decentralizes our politics• More opportunities for citizens to participate

– Decentralizes our policies• Gives Federal & state the choice of which

government should take care of which problem• States can solve the same problem in different

ways

Page 5: Unit3 Federalism

The Constitutional Basis of U.S. Federalism

• The Division of Power is found in:– The U.S. Constitution – Laws of Congress– State Constitutions– State Laws

Page 6: Unit3 Federalism

The Constitutional Basis of U.S. Federalism

• National Supremacy is established through-– Implied Powers (Artl. 1)– Commerce Powers (Artl. 1)– Supremacy Clause (Artl. 6)

Page 7: Unit3 Federalism

The Constitutional Basis of Federalism

• States’ Obligations to Each Other & Federal– Article IV:

* Full Faith and Credit

* Extradition

* Privileges and Immunities (citizens in every

state have same rights)

Page 8: Unit3 Federalism

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– 16th Amend- income tax– 17th Amend- direct elec. of Senate - 10th Amendment

* Reserved powers- Court reinforces – McCulloch (implied powers) & Gibbons

(interstate commerce)

Page 9: Unit3 Federalism

Intergovernmental Relations Today

• Cooperative Federalism– Definition: A system of government in which

powers and policy assignments are shared between states and the national government.

– Shared costs– Shared administration (fed/state/local)– States follow federal guidelines- Marble cake

Page 10: Unit3 Federalism

Intergovernmental Relations Today• New Federalism

- During Reagan & G.W.Bush admin (1980-92)* stronger role of states* used block grants to move responsibility of

some programs from federal to state- Devolution Revolution – power back to states (1994 –

today)* Unfunded Mandates Reform Act 1995 – Congress can’t make states fund programs

Congress passes (eg: Clean WaterAct)* Fed. Programs moved to states where the

decisions are closer to the people– eg: Welfare

Page 11: Unit3 Federalism

Intergovernmental Relations Today• New Federalism (cont’)

- W. Bush Administration & Federalism* Committed to devolution but..* Growth of federal Govt (9-11)– eg: Homeland

Security / War in Iraq* NCLB – underfunded mandate* SC recognized “preemption” – trend of national

govt overriding state & local (NCLB)* Judicial Federalism: Courts have reinforced w.

decisions that withdraw some rights of Natl govt and extend to states ( Webster & Casey – extends power over abortion laws to states)

Page 12: Unit3 Federalism

Intergovernmental Relations Today

How do the states pay for these programs?

Page 13: Unit3 Federalism

Figure 3.2

Intergovernmental Relations Today

• 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.

Page 14: Unit3 Federalism

Intergovernmental Relations Today

• Fiscal Federalism continued:– The Grant System: Distributing the Federal

money• 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 but have some strings attached

• Grants are given to states & local governments

Page 15: Unit3 Federalism

Intergovernmental Relations Today

• Fiscal Federalism continued…– The Scramble for Federal Dollars

• $300 billion+ in grants every year• States sometimes compete for dollars

– The Mandates of the Federal Govt.• Compulsory laws/regulations passed by Congress (ADA) • Funded mandates compulsory regulation, with money to

help defray costs• Unfunded mandates are requirements on state & local

governments- but no money• Underfunded mandates have some money but not

enough to carry out program so there is a cost to states

Page 16: Unit3 Federalism

Understanding Federalism

• Advantages for Democracy– Increasing citizen

access to government– Local problems can be

solved locally– Hard for political

parties / 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- too much money

Page 17: Unit3 Federalism

Figure 3.4 (1999 average: $6,734)

Understanding Federalism

Page 18: Unit3 Federalism

Understanding Federalism

• 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?