“Federalism”

1. “Federalism” Objectives: How the federal government’s involvement in states’ affairs has grown? How have grants-in-aid affected the growth of federalism? What role do federal mandates play in federalism?

2. Three Systems of Government Unitary System – centralized government in which local governments exercise only those powers given to them by the central government Confederal System – consists of a league of independent states, each having essentially sovereign power Federal System – power is divided by a written constitution between a central government and regional governments

3. The Flow of Power in Three Systems of Government

4. So Why Adopt Federalism? • A Practical Solution – to the dispute between advocates of a strong central government and states’ rights advocates • Geography and population make it impractical to locate all political authority in one place • Brings government closer to the people • State governments train future national leaders • Prevention of Tyranny • State governments can be testing grounds for policy initiatives • Federalism allows for many political subcultures

5. Constitutional Basis of Powers of the National Government • Expressed Powers – First 17 clauses of Article I, Section 8, examples include coining money, setting standards of weights and measures, declaring war • Implied Powers – the clause in Article I, Section 8, that grants Congress the power to do whatever is necessary to execute its specifically delegated power (necessary and proper clause) • Inherent Powers – powers derive from the fact that the United States is a sovereign power among nations

6. The Powers of State Government • Reserved Powers – derived from the 10th Amendment, states powers not assigned to the federal government are “reserved” for the states • Police Powers – power reserved to the state government to regulate the health, safety, and morals of its citizens – regulation/enforcement • Concurrent powers – states and federal government share power on issues such as granting business license (national policy usually wins when there is a conflict)

7. Examples of Federalism States pass their own laws regarding… • Gay Marriage, Abortion, Affirmative Action, Bilingual Education, Death Penalty, K-12 Education, Speed Limit, Drinking Age, Gambling, Marijuana, Assisted Suicide

8. The Growth of the National Government • McCulloch v. Maryland (1819)- established the implied powers of the national government and the idea of national supremacy • (from the necessary and proper clause) • (from the supremacy clause) • Gibbons v. Ogden (1824) – established that the power to regulate interstate commerce was an exclusive national power • (from the commerce clause)

9. The Shift Back to States’ Rights in the Jacksonian Era • Nullification – the idea that states could declare a national law null and void • Secession – the withdrawal of a state from a union • South Carolina first state to repeal its ratification of the U.S. Constitution (1860)

10. War and the Growth of the National Government • The defeat of the South ended the idea that states could secede from the Union. • The defeat of the South also resulted in an expansion of the powers of the national government (the opposite of what te South was fighting for) ·New governments employees were hired to conduct the war effort, and Reconstruction ·A billion dollar budget was passed ·A temporary income tax was imposed on citizens ·Civil liberties were curtailed because of the war effort and the national’s government’s role expanded to include providing pensions to veterans and widows

11. The Continuing Dispute over the Division of Power • Dual Federalism (Layer Cake) – the national and state governments as equal sovereign powers • Cooperative Federalism (Marble Cake) – the idea that states and the national government should cooperate to solve problems

12. The Decline of Dual Federalism • Great Depression resulted in FDR’s New Deal policies which established a large and far reaching federal government • FDR fought with the Sup. Ct. for years and won re-election in landslide in 1936 and threatened to “pack the court” • Result was a return to a strong federal government

13. Federal Preemption from 1900 to the Present Source: U.S. Advisory Commission on Intergovernmental Relations, plus author’s update.

14. Cooperative Federalism in action Grants-in-aid • Categorical grants: “Here’s some money, but you do exactly what I tell you to do with it.” • Block grants: “Here’s some money, spend it how you like as long as you it relates to what I want.” • General revenue sharing grants: “Here’s some money, do whatever you want with it.” • Unfunded mandates: “I don’t have the money, but you still have do exactly what I tell you to do.”

15. Federalism in action • No Child Left Behind Act • Problem: • Declining student performance • Solution: • Federal funding requires tough performance standards • Unintended consequences: • Localities forced to make huge investment to implement testing requirements. • Localities suing states, arguing that testing requirements represent an unfunded mandate. • States opting out of federal funds and performance standards.

16. Inequities in State Education Spending

17. The Number of Governments in the USA

18. Discussion Questions • Should the U.S. federal government have the right to regulate marriage or is this best decided by each individual state? What are the advantages and disadvantages of each? • Does the federal government have too much control in state affairs or too little? • Why is it important that powers be divided between the federal government and the states?