Federalism in the US Constitution

1. Unit 1 Constitutional Underpinnings

2. 1.10 Federalism

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4. Before the Constitution • Sovereignty (supreme governing authority) was thought to be held by one governing body (king, state, etc.). • It was thought that governments had to be a unitary system (only a national government has sovereignty).

5. Confederacy • Under the Articles of Confederation, the states were part of a Confederacy, where they each had their own sovereignty. • Without a strong national government, the Articles fell apart.

6. Problem • The Framers of the Constitution had a problem: How to create a strong central government with sovereignty, without taking the sovereignty from the states? • The Answer: FEDERALISM!!!!

7. Federalism Defined • Definition: Government System where authority is divided between two sovereign levels of government. • The separation of powers between the National (Federal) Government and State Governments. • Often referred to as levels of government

8. Why? • The founders feared a strong central government that would control the entire country. The federalist system was created to allow the states to maintain local control of the residents in them.

9. “Spheres of Power” • The federal system established by the Constitution divided power and responsibility: • Local issues were the province of the states (education, police protection) • National issues were the province of the Federal Government (war, currency) • Some policies overlapped (taxation)

10. Powers The Constitution divides powers between different levels of government. They fall into 3 categories: Delegated/Enumerated/Expressed Powers Reserved Powers Concurrent Powers

11. Delegated Powers • Powers given to the federal government in the constitution • Include: • Coin Money • Regulate Interstate and foreign trade • Raise and maintain armed forces • Declare War • Govern U.S. Territories and admit new states • Conduct foreign relations

12. Reserved Powers • Powers reserved to the state and local governments. The federal government cannot interfere in the powers reserved for the states • 10th Amendment: “…powers not delegated… are reservedto the States.” • Most of what government does in this country today is done by the states and their local governments!

13. Examples of Reserved Powers • Regulate trade and business within the State • Establish Public Schools • Pass license requirements for professionals • Regulate alcoholic beverages • Conduct elections • Establish local governments • Regulate gun laws

14. Denied Powers • States cannot • Enter into treaties • Coin money • Impair obligation of contracts • Cannot enter into compacts with other states without congressional approval • Congress cannot • Favor one state over another in regulating commerce • Cannot lay duties on items exported from any state (No State Tariffs)

15. Concurrent Powers • Powers that are shared by both the federal and state/local governments.

16. Examples of Concurrent Powers • Levy and collect taxes • Borrow money • Establish courts • Claim private property for public use • Define crimes and set punishments

17. Implied Powers • To enable Congress to perform their delegated powers, the Constitution contains the Necessary and Proper clause, often called the “Elastic Clause” (think elastic like a rubber band: it stretches and changes with the times) These powers are not listed in the constitution, but are impliedby it.

18. Dual Federalism • Dual Federalism: the idea that a precise separation of national and state power was both possible and desirable. • Called “Layer Cake Federalism”

19. Cooperative Federalism • Def. National, state and local levels work together to solve problems. • Called “Marble Cake” Federalism • Ex. Medicaid (govt. healthcare for the poor) • Funded jointlyby the national/state/local govts. • Administered jointly, local/state providing direct services and national providing general admin. • Determined jointlyin regards to eligibility and benefit levels. Federal regulations provide guidelines while states set local rules.

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21. FDR EXPANDS POWER OF FEDERAL GOVERNMENT • 1. New Deal (power to local cities from feds because FDR needs to get around state power groups) • 2. Cooperative Federalism ($ changes everything…layer cake to marble cake)

22. Fiscal Federalism • Definition Refers to the spending of federal funds on programs run in part through states and localities. • Grants-in-aid: Federal cash payments to states and localities for programs they administer. Several types.

23. 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.

24. Categorical Grants • Def. Federal grant money that can be used only for designated projects. • Congress prefers these grants as they have greater control over spending, while state and local authorities dislike the strings attached to the funds.

25. Block Grants • Def. Federal grants that permit state and local officials to decide how the money will be spent within a general area (health, education, etc.) • Preferred form of grants by state/local officials as they keep their autonomy.

26. Grants in Aide • a subsidy furnished by a central government to a local one to help finance a public project, as the construction of a highway or school

27. Revenue Sharing • A transfer of tax revenue from one unit of government, such as the federal government, to other units, such as state governments

28. Mandates •  “any provision in statute or regulation or any Federal court ruling that imposes an enforceable duty upon State, local, or tribal governments 

29. Unfunded Mandates • A mandate that does not provide funding for the requirement instead making the state provide it’s own funding

30. LBJ AND THE GREAT SOCIETY • 1964 Election Mandate • War on Poverty • Earmarks (federal aid goes where federal government thinks it would do most good) • States losing power to the Federal Government

31. New Federalism: Returning Power to the States • The Devolution Revolution (Ronald Reagan) • Contract with America (Newt Gingrich) • Unfunded Mandates • National laws that require state compliance but contain no federal funding to help pay the cost • Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform)

32. Ronald Reagan • New Federalism: Reduce Federal Government by increasing power of state governments. • Block grants give money to states with few strings attached in hopes of decreasing federal bureaucracy

33. Devolution • Def. Passing down authority from the national to state and local governments. • Democratic programs such as the New Deal and Great Society were seen as too large, inefficient and wasteful. • Devolution was championed as “New Federalism” by Pres. Nixon and Reagan to allow states more control over the use of funds.

34. Continued Devolution • Republican control of Congress in the 1990s accelerated devolution. • Congress reduced Unfunded Mandates (Federal programs that local governments need to fund mostly or entirely by themselves) • Welfare reform of ‘96 was changed to Block Grants, allowing states to find new approaches to welfare, such as job training and placement.

35. 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”

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