Federalism: Power Division Between Federal and State Governments

1. Federalism

2. 3 Systems of government • Unitary • All power vested in a Central Government • Confederate • Decentralized system of government in which a weak central government has limited power over states • Federalism • Division of power between federal and state governments.

3. Federalism • The framers decided to form a government that delegated some powers to the Federal government and reserved the rest for the states. State Government Federal Government

4. Separation of Powers • Federal Government have … • Delegated or Enumerated powers • State Government have… • Reserved Powers • Both Governments have… • Concurrent Powers

5. Delegated Powers (Federal) • Enumerated powers- Specifically granted to the federal government by the constitution • Article 1 Section 8 • 18 clauses that give 27 powers to Congress • Article 2 Section 2 • Assigns several powers to the President • Amendments (16th Amendment gives Congress the power to levy an income tax) • Key Expressed Powers • Power to regulate interstate commerce • Power to tax and spend • War Power • Establish a Post Office

6. Reserved Powers (States) In short, if a power is not given to the federal government, it goes to the states. Can you give some examples?

7. Reserved Powers (States) 1. Education 3. INTRAstate commerce 2. Elections

8. Concurrent (Both) • Power to Tax • State and Federal Income Taxes • Establish Courts • State and Federal Courts • Borrow Money

9. Constitutional Cases over Federalism • McCulloch v. Maryland • Congress created a national bank in 1816 • 1818 the State of Maryland decided to tax the Bank. • The National Bank refused • Supreme Court Ruling • 1. It is Implied in the constitution for the federal government to create a bank • 2. Upholds the SUPREMACY CLAUSE ruling that states can not interfere with or tax legitimate activities of the Federal Government

10. Constitutional Cases • Gibbons v. Ogden • Steamboat Case • New York gave a license to Ogden to run a ferry service between New York and New Jersey • The Federal government gave Gibbons a license to run a ferry between New Jersey and New York • Supreme Court Ruling • Gave Gibbons the right to operate the ferry service which furthered the commerce clause to include the construction of roads, canals, and railroad lines

11. Founding – Franklin Roosevelt (1932) Dual (or Layer Cake) Federalism States were the equal to the Federal Government in their sphere of influence.

12. Founding – Franklin Roosevelt (1932) 14th Amendment (Response to the Dred Scott Case) Read the 14th Amendment carefully. Notice that is says “no state shall.” This certainly means that state’s rights were almost dead.

13. Founding – Franklin Roosevelt (1932) 14th Amendment-Due Process Clause The 14th Amendment states nor shall any state deprive any person of life, liberty, or property, without due process of law This has been interpreted to require the governments to protect the rights of criminals

14. Founding – Franklin Roosevelt (1932) 14th Amendment-Equal Protection Clause The 14th Amendment states nor deny to any person within its jurisdiction the equal protection of the laws. This clause means that everybody must be guaranteed the same rights and privileges under the law.

15. Roosevelt – Lyndon B. Johnson Marble Cake or Cooperative Federalism The New Deal changed the relationship between the state and federal governments. Many of the new federal programs required the federal government to do things states used to be able to do.

16. Roosevelt – Lyndon B. Johnson Marble Cake or Cooperative Federalism Notice this picture of the marble cake. The brown represents federal powers and the state powers are represented by yellow. See how they now intertwine?

17. Types of Cooperative Federalism • Creative • Fiscal • New (Devolution)

18. Creative Federalism - “Common Planning and Decision Making An example is the Clean Air Act of 1970 The Federal Government told that states that, if they wanted any money, they had to clean their air. This is why metro Atlanta drivers need emission checks and rural Georgians do not.

19. Creative Federalism For example, the federal government allowed the states to maintain and set the speed limits on the Interstate Highway System. In 1974, the federal government, in an attempt to save fuel, told the states that if they wanted any federal highway money, change the speed limits to 55.

20. Ronald Reagan Devolutioun Federalism Nixon and Reagan both defined the modern conservative movement (along with Barry Goldwater but he lost to LBJ in 1964) and fought to reduce federal programs and their influence. They both felt that the states could do the job better. They would turn many programs over to the state’s to run, but they still had to follow strict rules, called crossover requirements.

21. Clinton and the Republican Congress Fiscal Federalism (Grants-In-Aid) Two major program areas I. Categorical Grants Federal Aid that meets the need of a specific category and has particular criteria attached. May require states “match” money.

22. Matching Grants • Def.: Fed. Govt. “matches” state funds, so states spend more to receive more. • Problem: The promise of federal money is so powerful, that states and local governments are willing to follow federal guidelines and spend their own funds for the federal money. • State and local officials are torn between their own independence and the services that they could provide with the federal money.

23. Clinton and the Republican Congress Fiscal Federalism (Grants-In-Aid) II. Block Grants • Few strings attached • Have general purposes, but states decide where to spend the money. For example: Welfare Reform Act of 1996 Federal government gave a block grant of money to the states to run welfare. They could spend it on any aspect of welfare, but it had to be spent on this general area.

24. Clinton and the Republican Congress Fiscal Federalism (Grants-In-Aid) Two Types of Federal Control on State’s Spending of money Mandates This is a requirement that the states follow a decision by the federal government. There are two types; Funded and Unfunded Mandates

25. Clinton and the Republican Congress Fiscal Federalism (Grants-In-Aid) Examples of Unfunded Mandates: • Motor Voter Law Required the states to ask eligible people if they wanted to register to vote when they renewed their drivers licenses • Americans with Disabilities Act Required government buildings and many private businesses to make accommodations for the disabled (Also outlawed discrimination against the disabled) • No Child Left Behind Required states to develop testing programs, the results of which had to be reported to the people and the federal government.

26. George W. Bush and Federalism As with most Republicans, George W. Bush is a strict constructionist who favors state’s rights over the federal government. For example, he has said that laws regarding the legalization of marijuana should be left up to the states. DEVOLUTION!!!!

27. George W. Bush and Federalism The Bush presidency does present one important lesson about the size, scope and responsibility of the federal government that is true during the Civil War, Great Depression and the war on terror. THE SIZE OF THE FEDERAL GOVERNMENT GROWS DURING TIMES OF CRISIS

28. Nationalization Continues • Despite the call for smaller government and devolution, involvement of the federal government continues: • No Child Left Behind began to create a national standard for education • Department of Homeland Security began to take local policing and emergency responsibilities from the states in the Post-9/11 U.S. • The government bailout of the U.S. automobile industry and the $800 billion stimulus was seen as a necessary expansion of government power to deal with the “great recession”

29. Barack Obama • FINANCIAL INST. • Regulations • Investment • Auto Industry • Stock Purchases • Oversight Duties • Health Care • Mandates

30. Quiz • What type of grants do states prefer • List 2 powers of the House • List 2 Checks on the Legislative Branch • Define Devolution • What philosopher believed men were self serving?