FederalismFederalism

Chapter 3

Evaluate the federal response to Hurricane Katrina?

It is viewed today as a massive failure do you agree with this statement or disagree?

Defining FederalismDefining Federalism

What is Federalism?– Definition: A way of organizing a nation so that

two or more levels of government have formal authority over the land and people.

Intergovernmental Relations-– Definition: The workings of the federal system-

the entire set of interactions among national, state and local governments.

From Table 3.1

Defining FederalismDefining Federalism

Unitary Confederate Federal

Central Holds primary authority

Regulates activities of states

Limited powers regarding states

Shares power with the states

State Little or no powers

Regulated by central government

Sovereign

Allocate some duties to central government

Shares power with the central government

Citizens Vote for central government officials

Vote for state government officials

Votes for both state & central officials

11 countries out of 190 have a Federalsim System 1.Argentina 2.Australia 3.Austria 4.Brazil5.Canada6.Germany 7.India 8.Malaysia9.Mexico 10.Switzerland 11.United States

Defining FederalismDefining Federalism

Why is Federalism So Important?– Decentralizes our politics

More opportunities to participate

– Decentralizes our policies Which government should take care of which

problem? States can solve the same problem in different ways.

Examples of State & Gov Examples of State & Gov PowerPower

Regulation of RailroadsLabor LawsMinimum Wage Same Sex Marriage 21 to drink . . . (MADD)

•Candy Lightner – lost daughter in 1980 to Candy Lightner – lost daughter in 1980 to drunk driverdrunk driverLobbied to pass the legal drinking age to Lobbied to pass the legal drinking age to 21 (Federal govt withheld federal highway 21 (Federal govt withheld federal highway funds)funds)

The Constitutional Basis of The Constitutional Basis of FederalismFederalism

The Division of Power– The U.S. Constitution– Laws of Congress– Treaties– State Constitutions– State Laws

Cases where Federal Power Cases where Federal Power trumps State Powertrumps State Power

1976 National League of Cities v. Usery = minimum wage was decided by states

1985 Garcia v. San Antonio Metro = Congress stepped in and made this a national issue

Late 1980’s National Guard Training (State Militia)

The Constitutional Basis of The Constitutional Basis of Federalism: Ways the Federalism: Ways the

National Govt. has Gained National Govt. has Gained PowerPower

Establishing National Supremacy– Implied Powers– Commerce Powers– The Civil War– The Struggle for Racial Equality

McCulloch v. Maryland = 1819 Maryland wanted to tax the 2nd bank of the US 15,000 a year for its business (they hated Hamilton and his bank)

Elastic Clause . . . Congress can do what it wants if its in the best interest of the Country ?– Food– Water– Healthcare? . . . . .. . ……………hmmmmm– Pollution

Commerce PowerCommerce Power

Gibbon’s v. Ogden = 1824– Interstate commerce –1995 United States v. Lopez =

Said that the Federal Gun Free Zone Law passed in 1990 Congress overstepped their power

Racial Equality Racial Equality

Plessey v. Fergusson = 1896 Separate but equal was ok

1954 Brown v. Board of Education = School segregation . . . Unconstitutional

The Constitutional Basis of The Constitutional Basis of FederalismFederalism

States’ Obligations to Each Other– Full Faith and Credit– Extradition– Privileges and Immunities

Intergovernmental Relations Intergovernmental Relations TodayToday

Dual Federalism– Definition: A system of government in which

both the states and the national government remain supreme within their own spheres, each responsible for some policies.

– Like a layer cake– Ended in the 1930’s– Foreign & Military policy, postal and monetary

systems

Intergovernmental Relations Intergovernmental Relations TodayToday

Cooperative Federalism– Definition: A system of government in which

powers and policy assignments are shared between states and the national government.

– Shared costs– Shared administration– States follow federal guidelines– Control = schools, law enforecement, & road

building (Texas Rangers anyone?)

Figure 3.2

Intergovernmental Relations Intergovernmental Relations TodayToday

Fiscal Federalism– Definition: The pattern

of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments.

– 1862 = Land Grant colleges? A&M?

Intergovernmental Relations Intergovernmental Relations TodayToday

Fiscal Federalism continued:– The Grant System: Distributing the Federal Pie

Categorical Grants: Federal grants that can be used for specific purposes. They have strings attached

– Project Grants- based on merit

– Formula Grants: amount varies based on formulas

Block Grants: Federal grants given more or less automatically to support broad programs.

Grants are given to states & local governments

Intergovernmental Relations Intergovernmental Relations TodayToday

Fiscal Federalism continued…– The Scramble for Federal Dollars

$300 billion in grants every year Universalism- a little something for everybody

– The Mandate Blues Mandates are the “strings” attached to federal

money Unfunded mandates are requirements on state &

local governments- but no money

Understanding FederalismUnderstanding Federalism

Advantages for Democracy– Increasing access to

government– Local problems can be

solved locally– Hard for political

parties / interest groups to dominate ALL politics

Disadvantages for Democracy– States have different

levels of service– Local interest can

counteract national interests

– Too many levels of government- too much money

Figure 3.4 (1999 average: $6,734)

Understanding FederalismUnderstanding Federalism

Understanding FederalismUnderstanding Federalism

Federalism and the Scope of Government– Which level of government is best able to solve

the problem?– Which level of government is best able to fund

solutions to the problem?

Internet ResourcesInternet Resources

Federal Grant searchIssues of federal-state relationsStatistical AbstractCouncil of State GovernmentsDiscussion of Federalist Papers