Federal system

Since 1787, the single most persistent source of

political conflict has been the relations between
the national and state governments.
[ In terms of “national interests” vs. “states rights”]

Federalism – system of government in which power is

shared by the national government and the states.
 Federalism
• Definition: a system of government in which
power is shared between a central government
and the state governments.
• Leading examples of the federation or federal
state include the Russian Federation, the
United States, Soviet Union, Canada, Mexico,
Brazil, Germany, Switzerland, Argentina,
Australia, Somalia and India.
 Powers
The Constitution divides powers between different
levels of government. They fall into 3
categories:
 Delegated Powers
Reserved Powers
Concurrent Powers
 Delegated Powers
• Powers given to the federal government in the
constitution
• Include:
– Coin Money
– Regulate Interstate and foreign trade
– Raise and maintain armed forces
– Declare War
– Govern territories and admit new states
– Conduct foreign relations
 Implied Powers
• To enable Congress to perform their delegated
powers, the Constitution contains the
Necessary and Proper clause, often called the
“Elastic Clause” (think elastic like a rubber
band: it stretches and changes with the times)
These powers are not listed in the constitution,
but are implied by it.
 Ex. Of the Necessary and Proper
Clause
• Ex. Create the interstate
highway system to
“regulate commerce”
• Ex. Create the Air Force
as “to raise and support
Armies”
 Reserved Powers
o Reserved powers are the powers which are not
"enumerated" (written down, assigned).
o In Canada, for example, the reserved powers
lie with the federal government; in the United
States, the reserved powers lie with the
constituent states.
 Examples of Reserved Powers
• Regulate trade and business within the State
• Establish Public Schools
• Pass license requirements for professionals
• Regulate alcoholic beverages
• Conduct elections
• Establish local governments
• Regulate gun laws
 Concurrent Powers
• Powers that are shared by both the federal and
state/local governments.
• Concurrent powers can therefore be divided
into two kinds: those not generally subject to
federal preemption (like the power to tax
private citizens); and, other concurrent powers.
Examples of Concurrent Powers
• Levy and collect taxes
• Borrow money
• Establish courts
• Claim private property for public use
• Define crimes and set punishments
 Advantages
• People have more power
• Separation of Power
• Encourages competition
• Flexibility
• Innovation
• Citizen participation
• Local autonomy
• Diversity
 Disadvantages
• Leads to lack of Accountability
• Lack of unity
• Complex
• Confusion and inconsistency
• Conflicts of authority
• Federal System is a Source of Weakness for the State
• Expensive and Un-economical (duplicates the work)
 Other Systems
• Confederation: is a union of sovereign states,
united for purposes of common action often in
relation to other states.
• Under a confederal arrangement, in contrast
with a federal one, the central authority is
relatively weak.
• Usually created by a treaty
– States are sovereign
– E.g Switzerland
 Other Systems
• Unitary: Is a system of government that
concentrates power in a single body, rather
than sharing it.
• In a unitary state, sub-national units are created
and abolished and their powers may be
broadened and narrowed, by the central
government.
– National Government sovereign
– E.g England, France, Italy
 Types of Federalism
1. Dual Federalism(Layer cake federalism):
Giving limited list of powers primary foreign
policy and national defense to the national
government. Other powers to states.
2. Cooperative Federalism: When national,
state, and local governments work together to
make the government easier.
3. Marble Cake Federalism:
Where powers are mixed and given out to the
different levels of government.
 (cont.)
4. Competitive Federalism: Where state and
local governments compete for different laws
and powers, and then people choose which
region they live under.
5. Permissive Federalism:
State and local governments ask the national
government before doing anything.
 Cont..
6. The "New" Federalism:
Says anything not stated in the constitution is
a reserved power for the states.
 Division of powers
The framers divided the power of national
government into three branches.
The three branches are:
Legislative branch
Executive branch
Judicial branch
 Division of powers
The constitution of federal must define the
functions and powers of each branch separately.
• Each branch is responsible of their job
• No one gets too much power.
Who is in the legislative branch?
Congress
• Congress is made up of two parts
 The Senate
The House of Representatives
 Division of powers
The constitution of federal must define the
functions and powers of each branch separately.
• Each branch is responsible of their job
• No one gets too much power.
Who is in the legislative branch?
Congress
• Congress is made up of two parts
 The Senate
The House of Representatives
 Federalism and separation of power challenges

FEDERALISM’S SEPARATION OF
POWERS CHALLENGE:
CHALLENGE:

National, state and local
governments must
overcome their natural
conflicts to work
together to meet
terrorist threats.
The legislative,
executive, and
judicial branches
must overcome the
natural struggle
between their
various “ambitions”
to act collectively.
 States’ obligations to the national
government
• States have 2 obligations to
the national government:
conduct and pay for
elections of all national
government officials, and
amending the Constitution.
 Federal law and state law
• Federal law says young men must register for the
draft at age 18; most employers must pay their
workers the minimum wage; & no one can be
denied a job based on his race or ethnicity.
• State law says that you must have a driver’s license
in order to drive a car; it is illegal for anyone under
age 21 to buy beer, wine, or liquor; only those who
can meet certain requirements can vote in
elections.
 Federal law and state law
• New Jersey buses private school students as well as public
school students free of charge, but most States do not.

• Most forms of gambling are legal in Nevada but against the law in most
other States.
• Federalism gives strength to union. If there is a natural disaster like a
flood, drought, winter storm, or earth quake, the resources of the
National Government and the other States may be mobilized to aid the
stricken area.
• Like this!!!
 Devolution
• Devolution: the transfer of power from a
central government to subnational (e.g., state,
regional, or local) authorities.
• Devolution usually occurs through
conventional statutes rather than through a
change in a country’s constitution.
• Devolution became a major political issue in
the United Kingdom beginning in the early
1970s.
 Federalism in Practice

• Money plays a key role in the federal government’s

relationship to the states.
• Since the Great Depression and the New Deal states have
come to rely even more on this money and the federal
government relies on states to administer its programs.
• This practice is called fiscal federalism.
 Grants-in-Aid

Refers to the federal government giving money to the states

for a particular purpose. There are two general types:

• Block Grants: money given for a fairly broad purpose

with few strings attached.
• Categorical Grants: Money given for a specific purpose
that comes with restrictions concerning how the money
should be spent (strings attached).
 Strings Attached
Refers to the tactics used by the federal government to
compel the states to follow its policies and guidelines.
• Applying Pressure: Threats to withhold funds from
disobedient states (drinking age fight in mid-1980’s).
• Mandates: Federal government (Congress) orders
states to take certain actions (obey laws). If states don’t
take those actions they don’t receive funding.
• Unfunded Mandates: Congress orders states to take
certain actions (obey laws) but provides no funding
(Americans with Disabilities Act).
• Preemption: Because of the Supremacy Clause federal
laws take priority over state laws. The national
government can override state laws if there is a
compelling national interest.