Federalism (ch.3)

Chapter 3: FederalismChapter 3: Federalism

Copyright © 2009Cengage Learning 2

A Unitary SystemA Unitary System

Central government gives power to sub-national governments (counties, provinces, etc.).

Local governments typically have only those powers granted to them by the central government, rather than any reserved powers.

Especially important is the central government’s role as provider of funds.


A Confederal SystemA Confederal System

Power is retained by local or regional governments.

Example: The European Union


A Federal SystemA Federal System

Divides power between the national and lower level governments.

Each government has distinct powers that the other governments cannot override.

Examples: Australia, Brazil, Canada, Germany, India, Mexico, and the United States.


Why Federalism?Why Federalism?

The authors of the Constitution wanted to combine a central government strong enough to maintain order with strong states.

The large geographical size of a country.

State governments have served as training grounds for national politicians and as laboratories in which new ideas can be tested.

Federalism allows for many political subcultures.


Arguments Against Federalism

Arguments Against Federalism

A way for powerful states to block plans

Inequalities across states Some see expansion of

national powers as a danger

The influence of James Madison

©The Granger Collection, New York


The Federal SystemThe Federal System

Scholars and political leaders alike have debated the relative merits and drawbacks of federalism since the founding of the republic. The following slide lists some of the major arguments that have been made.


The Federal System (cont.)The Federal System (cont.)


The Flow of Power in Three Systems of Government

The Flow of Power in Three Systems of Government


Powers of the National Government

Powers of the National Government

Enumerated Powers• The Necessary and Proper Clause

Implied Powers

Inherent Powers


Powers of State Governments


According to the Tenth Amendment, all powers that were not delegated to the national government.

In theory states still retain all powers not delegated to the national government, but in reality the national government has expanded the scope of governmental action on a grand scale.




Police power: In the United States, most police power is reserved to the states.


Concurrent PowersConcurrent Powers

Concurrent Powers

Power toTax

Power To Make and

Enforce Laws

Power To Establish Courts

National Government

Power To Police

(Limited)

State Government


Prohibited PowersProhibited Powers

Apply to both the national and state governments• The national government

is prohibited from taxing exports.

• State governments are prohibited from conducting foreign policy and from coining money.

© AP/ Wide World Photos

“Congress…has the power to coin money.”


Supremacy ClauseSupremacy Clause

Article VI of the Constitution mandates that actions by the national government are supreme.

Any conflict between a legitimate action of the national government and a state will be resolved in favor of the national government.


Vertical Checks and Balances

Vertical Checks and Balances

Federalism can be seen as an additional way of preventing government from growing too strong, beyond the division of the national government into the legislative, executive, and judicial branches.


Interstate RelationsInterstate Relations

Article IV of the Constitution attempts to resolve potential problems between states by stipulating the following:• Full faith and credit clause—states must honor

actions of other states• Privileges and immunities• Interstate extradition• Interstate compacts


Defining Constitutional Powers

Defining Constitutional Powers

McCulloch v. Maryland (1819)

Gibbons v. Ogden (1824)

© Bettmann /Corbis

Chief Justice John Marshall: “Let the end be legitimate.”


States’ RightsStates’ Rights

The Jacksonian Era and the shift back to States’ Rights


Library of Congress

The Civil WarThe Civil War


Dual FederalismDual Federalism

Emphasized dividing the state and national spheres of power into entirely separate jurisdictions.

Part of the Supreme Court’s attempt to regain its powers after the Civil War.


The New Deal and Cooperative Federalism


New Deal legislation vs. Dual Federalism

Cooperative federalism emphasized an expanded role for the national government, and cooperation between the national government and the states.


Share of Nonmilitary Spending by the

Federal, State, and Local Governments

before and after the Passage of New

Deal Legislation

Share of Nonmilitary Spending by the

Federal, State, and Local Governments

before and after the Passage of New

Deal Legislation


Share of Nonmilitary Spending by the Federal, State, and Local Governments

before and after the Passage of New Deal Legislation

Share of Nonmilitary Spending by the Federal, State, and Local Governments

before and after the Passage of New Deal Legislation




Roosevelt’s programs typically were funded by the federal government, but administered by states and local governments, thus creating a cooperative framework for federalist relations.

Often called picket-fence federalism


1935: President Franklin D. Roosevelt Signs the Social Security Act

© UPI /Bettman /Corbis


Implementing Cooperative Federalism

Implementing Cooperative Federalism

Categorical Grants

“Strings-Attached” Federal Grants

Block Grants

Federal Mandates


Where the Money Goes Where the Money Goes


Federal Grants to State and Local Governments:

1980–2007

Federal Grants to State and Local Governments:

1980–2007


Where the Money Goes: Federal Grants to State and Local

Governments, by Function, 2007 (in billions of dollars)

Where the Money Goes: Federal Grants to State and Local

Governments, by Function, 2007 (in billions of dollars)


The Shift Toward Central

Government Spending

The Shift Toward Central

Government Spending


The Politics of FederalismThe Politics of Federalism

States’ rights have been associated with conservatism, and national authority has been associated with liberalism. Why?


Accomplishments of National Authority

Accomplishments of National Authority

Economic relief

Civil rights and the War on Poverty

States favor the status quo


The Storm of the CenturyThe Storm of the Century

Click the icon to open the movie


Reuters/David J. Phillip/Pool/Landov


Questions Questions

Which level of government do you believe should have taken the lead in terms of addressing this situation—the federal government, the state governments or the local governments?

Is it possible for the different levels of government to coordinate their efforts and fully and effectively cooperate in helping Americans?


Questions (cont.) Questions (cont.)

The blame game is difficult and dangerous to play, yet if it is played to whom would you assign the greatest degree of blame for the failure of government to respond to this disaster—the President of the United States, the Governors of Louisiana and Mississippi, or the mayors of the cities that were hit the hardest, especially New Orleans?


Questions (cont.) Questions (cont.)

Place yourself in the position of being an advisor to George W. Bush. How would you have counseled him to respond to the aftermath of Katrina? What role do you believe the President of the United States should play in this sort of situation?


Federalism Becomes a Republican Issue

Federalism Becomes a Republican Issue

“New Federalism.” Beginning with President Richard Nixon (1969–1974), the Republican Party championed devolution, or the transfer of powers from the national government to the states. They called this policy federalism, a new use of the term.

Under current conditions liberals may have pragmatic reasons to support states’ rights in some instances, such as in gay rights issues.


Political Culture Is Reflected in State’s

Policies

Political Culture Is Reflected in State’s

Policies


Federalism and the Supreme Court

Federalism and the Supreme Court

Reigning in the Commerce Power

State Sovereignty and the Eleventh Amendment

Tenth Amendment Issues


Federalism: Deciding Who Decides


Click the icon to open the movie




How did Marshall’s interpretation of the necessary and proper clause in McCulloch v. Maryland shift the balance of power between states and the federal government?




How can such varied forms of Federalism exist under one Constitution?

What has contributed to the flexibility of state and federal powers?


Questions for Critical Thinking

Questions for Critical Thinking

Name some examples in which the supremacy doctrine has practical effect.

Discuss the importance of the case of Gibbons v. Ogden (and the cases that were based on its principles).

What are some obstacles to devolution? Are there any disadvantages to the new federalism?


Web Links Web Links

National Conference of State Legislatures

National Governors Association

The Center for Public Integrity

Department of Homeland Security

http://www.ncsl.org/


Web Links Web Links

Close Up Foundation

The James Madison Institute

ThisNation.com

http://www.closeup.org/index.htm

Federalism (ch.3)

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