Pearson Education, Inc. ©2005 Chapter 3 FEDERALISM: STATES AND NATION.

Pearson Education, Inc. ©2005

Chapter 3Chapter 3

FEDERALISM:FEDERALISM:

STATES AND STATES AND NATIONNATION


State Attorneys-General State Attorneys-General Stretch the BoundariesStretch the Boundaries

Traditionally, state attorneys-general Traditionally, state attorneys-general focused their attention on issues focused their attention on issues pertaining to their own states.pertaining to their own states.

However, in the last decade, state However, in the last decade, state attorneys-general have dramatically attorneys-general have dramatically expanded the scope of their expanded the scope of their activities. activities.

ExamplesExamples


State Attorneys-General State Attorneys-General Stretch the BoundariesStretch the Boundaries

Lessons: Lessons: •Federalism is always changing.Federalism is always changing.•Even at a time when the Even at a time when the

national government has national government has become extremely powerful, become extremely powerful, states remain important states remain important players.players.


Forms of GovernmentForms of Government FederalismFederalism — significant government significant government

powers are divided between the central powers are divided between the central government and smaller governmental unitsgovernment and smaller governmental units

ConfederationConfederation — constituent units or states constituent units or states retain ultimate authority and can veto major retain ultimate authority and can veto major actions of the central governmentactions of the central government

UnitaryUnitary — central government exercises all central government exercises all governmental powers and can change its governmental powers and can change its constituent unitsconstituent units


Federalism as a System of Federalism as a System of GovernmentGovernment

American federalism involves a American federalism involves a multiplicity of governing levels and multiplicity of governing levels and units.units.

Federalism is not a common way of Federalism is not a common way of organizing governments around the organizing governments around the world.world.

There are no neat boundaries among There are no neat boundaries among different forms of government.different forms of government.


The Roots of FederalismThe Roots of Federalism

Modern federalism is largely an Modern federalism is largely an American invention.American invention.

Most federal systems are found in Most federal systems are found in countries that are large and countries that are large and diverse.diverse.

Unitary government is the most Unitary government is the most common form of government common form of government today.today.


Federalism in the Federalism in the Constitution Constitution

Independent State PowersIndependent State Powers• Supremacy Clause Supremacy Clause

– Article VIArticle VI• Enumerated Powers Enumerated Powers

– Article I, Section 8Article I, Section 8• Reservation Clause Reservation Clause

– 10th Amendment10th Amendment


Amending the Constitution Amending the Constitution

House of RepresentativesHouse of Representatives

SenateSenate

Electoral CollegeElectoral College

The State’s Roles in The State’s Roles in National National GovernmentGovernment


•Horizontal federalismHorizontal federalism•““Privileges and immunities” Privileges and immunities”

(Article IV)(Article IV)• Interstate compactsInterstate compacts

Relations Among the Relations Among the StatesStates


The Evolution of The Evolution of American American FederalismFederalism

Despite many ebbs and flows in the Despite many ebbs and flows in the relative power of the states and relative power of the states and national government, eventually the national government, eventually the national government gained ground.national government gained ground.• Economic crises generate pressures for Economic crises generate pressures for

greater national government role.greater national government role.• War also spurs greater national government War also spurs greater national government

role.role. • Problems arose that were best solved by Problems arose that were best solved by

the national government (e.g., pollution, the national government (e.g., pollution, the denial of civil rights)the denial of civil rights)


The Perpetual Debate About The Perpetual Debate About the Nature of American the Nature of American FederalismFederalism

The Nationalist PositionThe Nationalist Position• Focus on:Focus on:

– ““supremacy clause”supremacy clause”– ““elastic”/ “necessary and proper elastic”/ “necessary and proper

clause”clause”

The States’ Rights PositionThe States’ Rights Position• Focus on: Focus on:

– ““dual federalism”dual federalism”


Federalism Before Federalism Before the Civil Warthe Civil War

• Nullification effortsNullification efforts• The Marshall CourtThe Marshall Court

– McCulloch v. MarylandMcCulloch v. Maryland (1819) (1819)– Broad reading of necessary and proper Broad reading of necessary and proper

clause (Article I, Section 8)clause (Article I, Section 8)

• Limiting and preempting the StatesLimiting and preempting the States– Contract clause (Article I, Section 10)Contract clause (Article I, Section 10)– PreemptionPreemption


The Civil War and the The Civil War and the Expansion of National Expansion of National PowerPower

• Decisive establishment of Decisive establishment of indissoluble Unionindissoluble Union

• Civil War AmendmentsCivil War Amendments– 13th Amendment13th Amendment– 14th Amendment14th Amendment

– Due process clauseDue process clause– Equal protection Equal protection

– 15th Amendment15th Amendment

• Emergency PowersEmergency Powers


Expanded National Activity Expanded National Activity Since the Civil WarSince the Civil War

The Late 19th Century to WWIThe Late 19th Century to WWI The New DealThe New Deal World War IIWorld War II The Post-War PeriodThe Post-War Period Supreme Court Support for Supreme Court Support for

NationalismNationalism


Resurgence of the States Resurgence of the States in the 1990’sin the 1990’s

Growing state share of public Growing state share of public spendingspending

Growing state share of public Growing state share of public employeesemployees

Growing popularity of “devolution”Growing popularity of “devolution” Role of the Rehnquist CourtRole of the Rehnquist Court Role of Clinton and the 104th Role of Clinton and the 104th

CongressCongress


Terrorism and the Terrorism and the Resurgence of the Federal Resurgence of the Federal GovernmentGovernment

The terrorist attacks of September 11, The terrorist attacks of September 11, 2001 and the subsequent war on 2001 and the subsequent war on terrorism helped refocus public terrorism helped refocus public attention on the national government.attention on the national government.

This tendency likely will be further This tendency likely will be further exaggerated by the perceived need exaggerated by the perceived need for homeland security.for homeland security.


““Marble Cake”Marble Cake” FederalismFederalism

Often used as a metaphor for Often used as a metaphor for cooperative federalismcooperative federalism

Elements of national and state Elements of national and state influence swirl around each other, influence swirl around each other, without clear boundaries. without clear boundaries.


National Grants-in-Aid National Grants-in-Aid to the Statesto the States

Grants-in-aidGrants-in-aid are federal funds are federal funds allocated to states and local allocated to states and local governments.governments.

Origin and growth of grantsOrigin and growth of grants• 1787 Northwest Ordinance1787 Northwest Ordinance• 1900-1930s1900-1930s• 1950s-1970s1950s-1970s• 1980s1980s• 1990s1990s


Categorical GrantsCategorical Grants The “New Federalism”

(Nixon & Ford)• Block grantsBlock grants• General revenue sharingGeneral revenue sharing


Debates About Federal Debates About Federal Money and ControlMoney and Control

Many contemporary facets of Many contemporary facets of federalism involve questions of federalism involve questions of money and control.money and control. • Conditions on aid — require states to require states to

spend grant money in certain ways if they spend grant money in certain ways if they want to receive federal funding.want to receive federal funding.

• Mandates — require the states to carry out require the states to carry out certain policies, even when little or no certain policies, even when little or no national government aid is involved.national government aid is involved.


U.S. FederalismU.S. Federalism — Pro and ConPro and Con

PRO:PRO:• Diversity of NeedsDiversity of Needs• Closeness to the PeopleCloseness to the People• Innovation and ExperimentationInnovation and Experimentation• Training Ground for Women and Training Ground for Women and

Racial MinoritiesRacial Minorities


U.S. FederalismU.S. Federalism — Pro and ConPro and Con

CON:CON:• The Importance of National The Importance of National

StandardsStandards• Low Visibility and Lack of Popular Low Visibility and Lack of Popular

ControlControl• Spillover Effects and Competition Spillover Effects and Competition

Pearson Education, Inc. ©2005 Chapter 3 FEDERALISM: STATES AND NATION.

Documents

Transcript of Pearson Education, Inc. ©2005 Chapter 3 FEDERALISM: STATES AND NATION.