The Roots of the Federal System

1. The Roots of the Federal System The Framers worked to create a political system that was halfway between the failed confederation of the Articles of Confederation and the tyrannical unitary system of Great Britain. The three major arguments for federalism are: • the prevention of tyranny; • the provision for increased participation in politics; • and the use of the states as testing grounds or laboratories for new policies and programs.

2. Federalism Defined Federalism is a political system in which power is divided and shared between the national/central government and the states (in order to limit the power of government)

4. Federalism’s Dynamics • The rulings of the federal courts have influenced the relationship between the national government and the states. • The Supreme Court’s determination regarding the Commerce Clause, Article I, Section 8, of the Constitution, gave Congress the power to regulate commerce among the states.

5. Federalism’s Dynamics – 20th century • New Deal/Great Depression - court rulings upheld several major New Deal measures • National crisis demanded national attention • Post-1990s • a series of Supreme Court rulings involving the Commerce Clause and rulings (i.e. gun control) suggested that the states’ rights position was gaining ground

6. Relations among the States • The Framers wanted a single country, not thirteen squabbling semi-countries. • Article IV requires states to give “full faith and credit” to each others’ laws and legal proceedings. • States are also required to extradite criminals if asked by another state. • States recognize drivers’ and marriage licenses, custody rulings, etc.

7. The Powers of Government in the Federal System The distribution of powers in the federal system consists of several parts: • expressed powers • shared powers (concurrent powers) • reserved powers to the states • denied powers • implied powers (elastic clause) • Inherent powers

8. Implied Powers • The national government may make all laws which shall be necessary and properto execute the enumerated powers. • The necessary and properclause has often been used to expand the powers of the national government (elastic clause).

9. Concurrent Powers & State Powers • Concurrent powers - powers shared with national government • the right to tax, borrow money, establish courts, and make and enforce laws. • Reserved Powers - Most come from the 10th Amendmentthat says: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." • These are often referred to as reserve or police powers(affecting health, safety, and morals) • Often reflect cultural norms of community

10. Denied Powers • Article I, section 9 lays out powers denied to the central government. • For example: give preference to ports of one state over another • Article I, section 10 lays out the powers denied to the states. • For example: enter into treaties, alliances, or confederations

11. Federal Aid to States:Grants-in-Aid • Grant-in-Aid- money provided by federal government to another to be spent for a given purpose -has influenced the federal government’s control over states.

12. Categorical Grants:targeted for a specific purpose either by formula or by project (Head Start, Food Stamp Program, etc.) • Formula Grants—categorical grants distributed according to a particular set of rules(formula) • specify who is eligible for the grants and how much each eligible applicant will receive • Project Grants—categorical grants awarded on the basis of competitive applications submitted by prospective recipients to perform a specific task or function.

13. Block grants • In contrast to categorical grants • Grants-in-aid awarded for general purposes, allowing the recipient great discretion in spending the grant money. • Education • Healthcare • Transportation • Housing • Counterterrorism

14. Figure 4.2: Trends in National Government Grants to States and Localities, FY 1980, 1990, and 2000