Federalism

1. Federalism Chapter 3 Or the Incredibly Shrinking 10th Amendment

2. Defining Federalism Which is most common? Why? Is one system more democratic?

3. Defining Federalism • Why Is Federalism So Important? • Decentralizes our politics • More opportunities to participate • Decentralizes 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.

4. Advantages for Democracy Increases access to government Local problems can be solved locally Hard for political parties or 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 and too much money Understanding Federalism

5. HOT Federalism Topics Gay Marriage Health Care Medical Marijuana

6. The Constitutional Basis of Federalism • States’ Obligations to Each Other • Full 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.

7. Intergovernmental Relations • 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 • Narrowly interpreted powers of federal government • Ended in the 1930’s

8. Intergovernmental Relations Today • Cooperative Federalism • Definition: 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 administration • States follow federal guidelines How and why did we move from dual to cooperative federalism?

9. 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

10. Intergovernmental Relations Today Fascinating! • Fiscal Federalism (continued) • The Scramble for Federal Dollars • $460 billion in grants every year (very competitive among the states) • Grant distribution follows universalism—a little something for everybody. • The Mandate Blues • Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant. • Do your parents use money to get you to behave the way they want? • Unfunded mandates/EX. ADA)

11. 2002 QUESTION • The terms “fiscal federalism” and “cooperative federalism” refer to situations in which • The fed. Govt. completely dominates state and local govts. • States are forbidden any activity that has not been specifically approved by the Supreme Court C. The fed. Judiciary uses its power of judicial review to ensure congressional dominance over state legislatures D. state, municipal and local income taxes are pooled by special agreement and redistributed in accordance with individual need E. Federal, state, and local govts work together to complete a project, with federal govt providing much of the project funding Answer: E

12. Intergovernmental Relations Today

13. Intergovernmental Relations Today • Fiscal Federalism (continued) • The Grant System: Distributing the Federal Pie • Categorical Grants: federal grants that can be used for specific purposes; grants with strings attached • Project Grants: based on merit • Formula Grants: amount varies based on formulas (often per capita income) • Block Grants: federal grants given more or less automatically to support broad programs • Grants are given to state & local governments. • How the Federal Government gets State Government to comply

14. 2002 QUESTION • States and localities have the most discretion in establishing policy when federal funding is derived from • Categorical grants • Matching grants • Block grants • Project grants • Grants-in-aid Answer: C

15. 1994 QUESTION • In contrast to revenue sharing, categorical grants provide state and local governments with • Substantial discretion in deciding how to use the grants to solve their problems • Aid that reflects tax base and population • The power to impose regressive taxes • Funds sufficient to support a high level of local service • Funds to administer programs clearly specified by the federal government Answer: E

16. 2002 QUESTION • Which of the following actions by the federal govt best illustrates the concept of unfunded mandates? • Requiring that polling booths remain open beyond the hours of the workday • Requiring states and municipalities to provide certain services for their citizens without providing resources to pay for those services C. Requiring state governments to guarantee short-term bonds issued by large municipalities in their states D. Requiring all municipalities to impose a minimum property tax on all residential and business properties • Requiring states and municipalities to privatize many previously publicly funded services. Answer: B

17. The Constitutional Basis of Federalism • The Division of Power • Supremacy Clause, Article VI of the Constitution states the following are supreme: • The U.S. Constitution • Laws of Congress • Treaties • Yet, national government cannot usurp state powers. • Tenth Amendment:

19. 10th Amendment • “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.” • Does this give the states significant power?

20. Slide 20

21. The Constitutional Basis of Federalism • Establishing National Supremacy • Implied (Art 1, Sec 8 end) and enumerated powers; commerce powers (Art 1, Sec 8 3rd) • McCulloch v. Maryland (1819) • http://www.youtube.com/watch?v=oIZyvppyxmg&feature=related (7:10) • Gibbons v. Ogden (1824) • The Civil War (1861-1865) • The Struggle for Racial Equality • Brown v. Board of Education (1954) • Heart of Atlanta (1964)

22. 1999 QUESTION The reserved powers of the state governments can best be described as those powers • Not specifically granted to the national govt. or denied to the states • Implied in the 5th amendment • Listed specifically in the 10th amend. • Exercised by both nat. and state govt. • Granted to states as part of the implied powers doctrine Answer: A

23. 1999 QUESTION • In McCulloch v. Maryland, the Supreme Court established which of the following principles: • States cannot interfere with or tax the legitimate activities of the fed. Govt. • The judicial branch cannot intervene in political disputes between the Pres. And Congress • The fed. Bill of Rights places no limitations on the states • The federal govt. has the power to regulate commerce • It is within the judiciary’s authority to interpret the constitution Answer: A

24. 2002 QUESTION • Of the following, which has been used most to expand the power of the national government? • The commerce clause of the Const • The habeas corpus clause of the Const • The bill of attainder clause of the Const • The 1st amendment • The 5th amendment Answer: A

25. 1994 QUESTION • All of the following are consequences of the federal system in the United States except • inequality in government services across subnational entities • Opportunities for experimentation in government programs • Multiple points of access for interest groups • Decentralization of political conflict • A strict division of power among levels of government Answer: E

26. 2005 FREE RESPONSE • The power of the federal govt relative to the power of the states has increased since the ratification of the Const a. Describe two of the following provisions of the Const and explain how each has been used over time to expand fed power: Power to tax and spend, “Necessary and proper” or “elastic” clause, commerce clause

27. 2005 FREE RESPONSE • The power of the federal govt relative to the power of the states has increased since the ratification of the Const a. Describe two of the following provisions of the Const and explain how each has been used over time to expand fed power: Power to tax and spend, “Necessary and proper” or “elastic” clause, commerce clause

28. 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.