Federalism

1. Federalism

2. Defined • A political system where the powers of government are divided between a national government and regional (state and Local) governments. • Clearly defined in the delegated, concurrent, and reserved powers of the national and state governments

3. Delegated Powers • Expressed, or enumerated powers, those specifically given to the national government (Articles I-V) • Regulate foreign and interstate commerce • Coin and print money • Provide an army and navy • Declare war • Establish federal courts below the Supreme Court • Conduct foreign relations • Make all laws necessary and proper • Acquire and govern U.S. territories and admit new states • Regulate immigration and naturalization

4. Implied Powers • Although not expressed, powers that may be reasonably inferred from the Constitution (Articles I, Section 8, Clause 18 the Necessary and Proper or Elastic Clause) • Congress shall have the power to make all laws which shall be necessary and proper for carrying into execution the forgoing powers

5. Inherent Powers • Powers that exist for the national government because the government is sovereign

6. Concurrent Powers • Powers that belong to both the national and state governments • Levy taxes • Borrow money spend for general welfare • Establish courts • Enact and enforce laws • Charter banks

7. Reserved Powers • Powers belonging to specifically to the state because there were neither delegated to the national government nor denied to the states (Article IV; Amendment 10) • Regulate intrastate commerce • Establish local governments • Establish public school systems • Administer elections • Protect the public’s health, welfare, and morals • Regulate corporations • Establish licensing requirements for certain regulated professions.

8. Prohibited Powers • Powers that are denied to the national governments, state governments, or both (Article I, Sections 9 & 10; Amendments)

9. Advantages Ideally suited to large geographic area because it encourages diversity in local government Avoids concentration or political power Accommodated already existing state governments States serve as training grounds for national leaders Keeps government close to the people Disadvantages Inflexibility inherent in a written constitution Complex, with many governments to deal with Duplication of offices and functions Conflicts of authority may arise Advantages and Disadvantages of Federalism

10. Federalism in Practice

11. Interstate Relations • Article V of the Constitution addresses the issue of relationships between the states, and offers several provisions: • Full faith and credit clause • Privileges and immunities clause • Extradition • Interstate compacts

12. Guarantees to the States • Article IV of the Constitution provides national guarantees to the states: • Republican form of government • Protection against foreign invasion • Protections against domestic violence • Respect for the geographic integrity of states

13. Establishing National Supremacy • Article VI of the Constitution contains the Supremacy Clause • Helps to resolve conflicts between national and state law • States that the Constitution, its laws and treaties shall be the “supreme law of the land”

14. Cases Upheld Under the Supremacy Clause and Commerce Clause • McCullough v. Maryland (1819) • Gibbons v. Ogden (1824)

15. McCulloch v. Maryland • James McCulloch, a cashier at the Bank of the United States in Baltimore, refused to pay a tax levied on the bank by the state of Maryland. When state officials arrested him, McCulloch appealed to the supreme court. • Court’s opinion set an important precedent that established national supremacy over states rights. • This case questioned the right of the federal government to establish a bank, since no such right is enumerated in Article I. • Marshall ruled that Maryland law that established the tax unconstitutional with his famous statement “The power to tax is the power to destroy.” • The power to destroy a federal agency would give the sate supremacy over federal government, so the states may not tax a federal agency

16. Gibbons v. Ogden (1824) • The meaning of the commerce clause was at issue in the 1824 Gibbons v. Ogden case. • Ogden had been given an exclusive license by the state of New York to operate steam powered ferryboats between NY and NJ. Gibbons obtained a license from the U.S. government to operate boats in the same area, and when he decided to compete with Ogden, Ogden sued, and the case went to the Supreme Court.

17. Cont: • Several issues were at stake in defining federalism: • The definition of commerce • The national governments powers over intrastate commerce • State governments power over interstate commerce

18. Majority Opinion • John Marshal ---an expansion interpretation of the commerce clause that increased the national government’s authority over all areas of economic affairs. • Marshall defined commerce as all business dealings not just the transfer of goods, and he ruled that the national government could regulate within states’ jurisdiction. • On the other hand, interstate commerce is solely the right of the national government, and so the New York court had no right to prohibit Gibbon’s trade.

19. Federalism Today

20. ***Dual Federalism*** • The earliest (1789-1932) interpretation of Federalism • Views the national and state governments each remaining supreme within their own sphere of influence • Referred to as “layer cake federalism” • Each level of government is seen as separate from each other • National government has authority over national matters and state governments have authority of state matters • National governments had the responsibility for foreign policy issues, are examples of dual federalism • States had sole responsibility for educating their citizens

21. Cooperative Federalism • 1930’s interpretation of federalism shifted to that of the national and state governments sharing policymaking and cooperating in solving problems. • AKA “Marble Cake Federalism” grew from policies of the New Deal era and the need for the national government to increase government spending and public assistance during the Great Depression. • Example: the cooperation of state and national governments to build the national interstate highway

22. New Federalism • During administration of Nixon, Regan and G.H.W.Bush the national government attempted to implement a reversal of cooperative federalism and place more responsibility on the states about how grant money would be spent. • Devolution-a transfer of power to political subunits-has been used to describe the goals of new federalism. • Example: welfare reform legislation, which has returned more authority over welfare to the states.

23. Fiscal Federalism • The national government’s patterns of spending, taxation, and providing grants to influence state and local governments • The national government uses fiscal policy to influence the states through granting or withholding money to pay for programs

24. Fiscal Federalism cont. • Grants-in-aid programs • Categorical grants • Block grants • Revenue sharing • mandates

25. Grants–in-Aid • One of the national government’s most important tools for influencing policy at the state and local levels is the federal grant. Congress authorizes grants, establishes rules for how grants may be used, and decides how much control the states have over federal funds.

26. Federal Grants • Categorical grants are appropriated by Congress for specific purposes … • Highway or airport building, welfare or school lunches. • These grants usually require the states to “match” (in terms of dollars) the federal grants. • Matching funs can vary • Account for almost 85 percent of total spending for categorical grants • State and local governments often complain that these grants are too narrow and cannot adapt easily to local needs.

27. Federal Grants Continued • Block Grants consolidate several categorical grants into a single “block” for prescribed broad activities, such as social services, health services, or public education. • Promoted by Reagan and during early 1980s, Congress consolidated a number of categorical grants into block grants • Block grants give Congress less control over how the money is used, and representatives cannot take the credit for grants to their particular districts • Even though block grants still exists, Congress is always tempted to add “strings” that set requirements for how federal grants are to be spent. • As a result grants become more categorical, known as creeping categorization.

28. Mandates • This a rule that tells states what they must do in order to comply with federal guidelines. • Often tied to federal grants, but sometimes the mandates have nothing to do with federal aid and are completely unfunded. • Most mandates apply to civil rights and environmental protection. • State programs may not discriminate against specific groups of people, no matter who pays for them. • Mandates have been criticized strongly by state and local governments.

29. Examples of Federal Mandates • 1983-Social Security Amendments • 1984-Hazardous and Solid Waste Amendments—Highway Safety Amendments • 1986-Asbestos Emergency Response Act • Handicapped Children’s Protection Act • Safe Drinking Water Act Amendments • 1988-Drug-Free Workplace Acts • Ocean Dumping Ban Act • 1990-Clean Air Amendments • American with Disabilities Act