Federalism

Chapter Three

Defining Federalism

Federalism is a way of organizing a nation so that two or more levels of government have formal authority over the same area and people
11 of approx. 190 nations worldwide Intergovernmental relations refers to interactions among national, state, and local governments Importance: decentralizes our politics and policies

Unitary govt: all power resides in central govt

Most common worldwide

Confederation: national govt is weak; most/all power in the hands of its components

Ex: Articles of Confederation

Constitutional Basis of Federalism

The word federalism is not mentioned in the Constitution Sources of division of power: Writers of Constitution defined powers of state and national govts

Favored strong national govt, but retained states as vital components

Supremacy Clause:deals with question of which govt prevails in disputes between state and national govt
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Article VI: Supreme law of the land (3 items): The Constitution Laws of the national govt (when consistent w/ Const) Treaties (can only be made by national govt)

Division of Power (contd)

The Tenth Amendment states that powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people The national govt can only operate within its appropriate sphere and cannot usurp the states powers

There have been many variations on Supreme Courts interpretation of the 10th Amendment

Establishing National Supremacy

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4 Key Events: Case of McCulloch v. Maryland (1819) Supreme Court interpretation of the Commerce Clause Civil War Civil rights movement

Establishing National Supremacy

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McCulloch v. Maryland (1819): first SC case addressing issue of state versus national power Ruling: national policies take precedence over state policies Constitution gives Congress certain implied powers that go beyond enumerated powers listed in Article I, Section 8

necessary and proper clause

Civil War settles the issue militarily

Intergovernmental Relations Today

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American system has moved gradually from dual to cooperative federalism Dual Federalism (layer cake federalism): form of federalism in which states and the national govt each remain supreme within their own spheres Cooperative Federalism (marble cake federalism): form of federalism with mingled responsibilities and blurred distinctions between levels of govt

Establishing National Supremacy

Civil Rights movement

Issue:

equality

Brown v. Board of Education (1954)

Held

that school segregation was unconstitutional

Equality issues decided in favor of national govt over state/local govts

Interstate Relations

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Article IV outlines certain obligations each state has to every other state Full Faith and Credit: states required to give full faith and credit to public acts, records, and civil judicial proceedings of every other state Extradition: states required to return a person charged with a crime in another state to that state for trial/imprisonment Privileges & Immunities of Citizens: citizens of each state receive all the privileges and immunities of any other state in which they happen to be

Understanding Federalism

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By decentralizing the political system, federalism was designed to contribute to the limited form of democracy supported by the founders Advantages for Democracy: Different levels of govt provide more opportunities for participation in politics Additional levels of govt contribute to democracy by increasing access to govt 2 levels of govt increase opportunities for govt to be responsive to demands for policies A party that loses strength at national level can rebuild and groom leaders at state/local levels Diversity of opinion within country can be reflected in different public policies among different states By handling most disputes over policy at state/local level,

Understanding Federalism
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Disadvantages for Democracy: Quality of services like education is heavily dependent on state in which the service is provided; states differ greatly in resources they can devote to public services Diversity in policy can discourage states from providing services that would otherwise be available because poor people may be attracted from states with lower benefits Federalism may have a negative effect on democracy when local interests are able to impede national majority support of certain policies Vast number of local govts makes it difficult for many Americans to know which govt is responsible for certain functions

Intergovernmental Relations Today

Fiscal Federalism: the pattern of spending, taxing, and providing grants in the federal system

Cornerstone of relationship between federal and state & local govts

Grants-in-aid are main instrument used by national govt to aid/influence states & localities

Fed aid to states & localities totaled approx. $306 billion in 2001

Fiscal Federalism

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2 major types of fed aid for states & localities: Categorical Grants Block Grants

Fiscal Federalism

Categorical grants: grants that can be used only for specific purposes or categories

Main source of fed aid Must be applied for; certain qualifications must be met Come with numerous strings attached; may be reduced or denied if certain fed guidelines not met

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Two types: Project grants: most common; awarded on basis of competitive applications Formula grants: distributed according to formula; automatically received based on various factors (ex: population, per capita income)

Ex: Medicare, AFDC, public housing

Fiscal Federalism

Block grants: used to support broad programs in areas like community development and social services
Developed

in response to complaints about excessive paperwork and restrictive fed requirements attached to categorical grants States have discretion in deciding how to spend money

Fiscal Federalism

Fed grants generally follow principle of universalism, even if some money goes where it isnt needed Underfunded Mandate: when Congress extends a program administered by states with only partial funding from fed govt

States must budget more funds for project to receive fed grant money

Unfunded Mandate: require state & local govts to spend money to comply with laws with no financial help from fed govt

Ex: Clean Air Act (1970), ADA (1990)