FederalismChapter 7

How would you describe the current condition of American government? Federal government? State government? Local government?

Federalism:

A system in which governmental power is divided into two or more levels.

Federalism places limits on government.

Limited government is a restraint to tyranny.

One way to limit government is to divide and distribute power.

Ideally, the national government operates to meet national needs, whereas state and local governments serve community needs.

Delegated Powers

The national government has delegated powers that define the limits of its authority, as enumerated (spelled out) in the Constitution.

Delegated Powers

Delegated powers may be Enumerated (ones specifically granted)

or▪ Examples: Collect taxes, declare war,

negotiate treaties Implied (not spelled out but DERIVED

from enumerated powers).▪ Example: Minimum wage laws, public

education, welfare, social security

Many of the implied powers are derived from the “necessary & proper” clause in Article I Section 8 which provides for Congress to make all laws which are necessary and proper for carrying out its powers…

Known as the elastic clause because it has been stretched to expand the scope of national power.

State Power

The Tenth Amendment says that all powers not delegated to the national government are reserved to the states and the people.

Known as RESERVED POWERS they give states power to run their own affairs.

State Power

Examples of state power include Public education Speed limits & traffic laws Minimum age limit for purchasing

alcohol The structure of the state government

State Power

Because states can choose many of their own laws, states differ.

These differences can allow for competition between states.

Limits to State Power

The Constitution also limits the powers of states. Article I Section 10. States may NOT▪ Make treaties▪ Declare war▪ Print money

(These powers are delegated to the national government.)

Limits placed by Bill of Rights The Bill of Rights places restrictions

on both the national and the state governments.

The Bill of Rights protects individual liberties from encroachments by government at every level.

Every new law limits personal liberty in some way. Laws against talking on cell phones

while driving restricts drivers’ freedom to use their property.

Curfew laws restrict the freedom of people to go and come as they please.

Laws outlawing certain kinds of guns limits a person’s freedom to choose what kind of gun to own.

Laws against women voting would take away the voting rights of half the population.

Local Governments

Local governments have no Constitutional identity but derive their authority from state governments. (They are not mentioned in the Constitution.)

Local governments serve to implement state laws.

State and local governments are interdependent.

Interstate Relationships

Differing interests and differing laws lead to cooperation as well as conflicts between states.

Interstate Relationships

State Relations Full Faith & Credit (Art IV Sec I) – States

must respect the laws and legal rulings of other states.▪ Two exceptions occur:▪ Only applied to civil law▪ Doesn’t apply in some cases of divorce

Interstate Relationships

State Relations Privileges & Immunities – States can’t

restrict a non-resident’s activities.▪ Work, Buying and selling, etc.

Some restrictions are allowed.▪ Fees for out of state students▪ Fees for out of state hunting/fishing licenses

Interstate Relationships

Extradition (Art IV Section 2 Clause 2) – States must return alleged criminals to the state in which the crime was committed for prosecution.

Constitutional Supremacy The states and their laws and judicial

rulings cannot contradict national law or Supreme Court rulings.

Article VI Clause 2.

Developments in Federalism People used to view themselves as

citizens of their states first and the nation second.

States’ rights and decentralization were strongly defended.

Dual federalism – National and state governments were sovereign within their own spheres.

Developments in Federalism Growth of Interdependence

The Union victory in the WBS changed the relationship between the federal and state governments.

The national government weakened state governments and limited their power while expanding its own.

Income Tax Central Bank National paper currency

Growth of Interdependence Commerce Transportation Need for uniformity of some laws

Another significant change came during WWI and again during the Great Depression of the 1930s. Social and economic programs (New

Deal) National welfare programs Once these bureaucracies were

established, they were impossible to eliminate and never went away.

Financing Federalism

How does the federal government distribute the funds it collects from the people of the states?

Financing Federalism

The federal government is so big, and so much money is involved that it has become quite COMPLICATED.

Financing Federalism

Federal Grants-In-Aid are distributed to the states via Categorical Grants Block Grants Revenue Sharing

Financing Federalism

Categorical Grants – given for a specific purpose and with specific guidelines.

They have STRINGS attached. To get this money, you must comply with the federal government’s goals such as hiring quotas, environmental protection, small business, etc.

States usually must provide matching funds.

Categorical Grants

Formula grants – governed by demographic formulas. (Who lives here?) Job training for area of high unemployment (ex. Detroit)

Project grants

Categorical Grants

Categorical Grants are a major way the federal government exercises extra-Constitutional powers over the states.

States get the money if they do what the federal government wants.

States rarely reject the billions in funds for their communities.

Block Grants

Block Grants combine several categorical grants under a general umbrella, giving states more flexibility and say in how the funds are used.

Revenue Sharing

The federal government would allocate a portion of its tax revenues to the states with no strings attached.

At first they paid when the U.S. treasury had a surplus. In the 1970s and 1980s they started paying even when there was a deficit.

Dismantled in 1987.

The Problems of Federalism How are the Division of Powers

between States and the National Government maintained?

National office-holders are elected from the state and local levels. (435 districts & 50 states)

Political parties are built on the state level.

Give & Take

Federal government both serves & controls. Grants provide services & give national

government greater say in state and local policies.

Formerly state issues are now entangled in a “web of federal regulations.”

Growing National Debt

Federal aid to states contributes to the national debt.

Growing National Debt

As of 25 September 2011 14,762,450,000,000 Est. population of U.S. =

312,291,971 Your share = $174,921 The U.S. debt increases an average

of $4.14 billion per day (since 1997). $4,140,000,000

Growing National Debt

Why doesn’t someone stop it? States, localities, and special interest

groups lobby hard to receive funding for their areas.

If the federal government stopped granting funds which states and cities depend upon, the states and cities would have to drastically cut employees and programs.

Selfishness on an institutional level.

Competition for Funding

Some states receive more federal funds than they pay in federal taxes.

Other states pay more than they receive.

http://www.visualeconomics.com/united-states-federal-tax-dollars/

Federalism was designed to check tyranny.

It’s up to responsible citizens to maintain the balance of the federal system.

Where does the ultimate authority reside in our democratic republic?