Federalism -- Chapter 3

Review: What is federalism?

Government Structure

Federalism

political system in which there are local units of gov’t, as well as a national gov’t that can make final decisions with respect to at least some government activities.

Separate self-sustaining centers of power, prestige, and profit.

3 powers...remember??

Devolution?

The effort to transfer responsibility for many public programs and services from the federal government to the states.

Happening now

Keep this in mind, whether we are experiencing this now, while learning about the chapter

Governmental Structure

Federalist 10 (papers written by Jay, Madison and Hamilton)

In the US there is a great opportunity for all relevant interests

Increased Political Activity

More likely to be involved if you think you will have an effect

The Founding

Why?

to protect liberty (separation of powers and checks and balances)

A Bold New Plan

National and state gov’t would have certain powers, but no supreme authority over the other

Framers assumed federal gov’t would have only those powers laid out in the Constitution

The Founding

Elastic Language

Some clauses were very VAGUE, circumstances would change

Why would it be called elastic?

Other Systems

Unitary System

All powers in hands of the national government (single, central agency)

Confederation

States are sovereign (supreme or ultimate political authority), national government can only do what states permit

Dual Federalism, aka layer cake federalism

Doctrine holding that the national government is supreme in its sphere, the states are supreme in theirs, and that the two should be kept separate

Cooperative Federalism, aka marble cake federalism

Theory that all levels of government could work together to solve common problems. Supremacy Clause says that the Constitution is supreme.

Debate on the Meaning

Who has more power? Are they equal?

In Favor of Congress (Cooperative Federalism)

McCulloch v MD

Refused to pay tax from his national bank to MD

Appealed to the Supreme Court

Expanded rights of Congress

NECESSARY AND PROPER

“Power to tax involved power to destroy”...why can’t state tax a national bank?

Necessary and Proper Clause

Congress can pass laws necessary and proper to its duties, allow them to exercise power not specifically granted (enumerated)

Add to the side

2 Fundamental questions:

Does Congress have the right to charter a national bank without constitutional authority?

Could a State tax such a bank?

Federalism and the Commerce Clause

Gibbons v. Ogden (1824)

Power to regulate interstate navigation was granted to Congress by the Commerce Clause

Who holds the power in these two examples?

In Favor of States

Nullification

A state can declare null and void a federal law that, in the state’s opinion, violates the Constitution.

In Favor of States

Police Powers

state power to enact laws promoting health, safety, and morals

In Favor of States

10th Amendment

Reserved for the states

states can do anything not prohibited by Constitution or preempted by federal policy and consistent with their policy

In Favor of States

Initiatives

allow voters to put leg. matters directly on the ballot with signatures

Recall

1/3 states -- remove elected official from office

Referendum

enables voters to reject a measure adopted by legislature

Federal-State Relations

grants-in-aid

Money given by the national government to the states

ex. Medicaid, for state purposes

Washington pays bills, states run the programs

Federal Aid Con’t

Conditions of Aid

Terms set by national government that states must meet if they are to receive certain funds

Federal-State Relations Con’t.

Categorical Grants

One for specific purposes defined by federal law

ex. Welfare payments, build airports

Block Grants

states can spend with broad guidelines determined by Washington

Federal-State Relations

Revenue Sharing

adopted in 1972, expired in 1986

federal sharing of a fixed % of its revenue with states

originally intended to used for any purpose whatsoever

Federal Aid and Federal Control

Block grants and revenue sharing were efforts to reverse federal control over states, but categorical grants grew faster.

Strings have continually been added since the 1960s (Civil Rights)

Does federal aid support dual federalism? What about cooperative federalism?

Devolution Revolution

Reagan’s New Federalism

renewed effort to downsize the federal government and turn more authority over to the States

A Devolution Revolution?

1994

Republican majorities in House and Senate

renewed effort to shift functions back to the states

Devolution Revolution?

Welfare

Aid to Families with Dependent Children (AFDC) 1996

Originally a categorical grant, changed to block grant

Ended federal guarantee of support and turned it over to the states aided by federal block grants

Mandates

Mandates

terms set by the national government that states must meet whether or not they accept federal grants

ex. Civil Rights, Environment Protection, American with Disabilities Act

Increased over time (1980 - 36, 1990s-140)

Supreme Court has supported growth in mandates

Mandates

Clean Air Act of 1990 (reduce smog and air pollution)

Environmental Protection Agency sets limits on how much pollutants in the air

States should carry the Clean Air Act out

States must develop state implementation plans

Mandates

Americans with Disabilities Act

previously in the hands of state officials, but federal officials felt that they were not doing enough

Unfunded, revenue must be generated locally

prohibits discrimination based on disability

Similar protections as the Civil Rights Act of 1964 (outlawed discrimination based on sex, religion, race)

Mandates

Add -

Unfunded Mandates Act of 1994 -

To curb unfunded mandates and strengthen the relationship between nation and the state

Federalism and the Commerce Clause

U.S. v Lopez

Set limits on government interference on state and local affairs under the commerce clause

What drives devolution?

Beliefs of devolution’s proponents

Realities of deficit politics

Views of most citizens

Devolution

Are we experiencing a devolution?