Download What is Federalism?

Federalism
Chapter 3
Three Basic Forms of Government
Structures
Alternatives to Federalism


Unitary Systems:
Puts all governmental power in the central
government
Ex: Britain, France, Israel, and the Philippines.
Confederations:


Sovereign nations create a constitutional compact but
carefully limited the power of the central government
Ex: Articles of Confederation, The United Nations,
European Union
How is living at your house like Federalism?
• You own a ________ within the
house
• Who makes the "rules" for YOUR
room? ________
• States are smaller units within
the country
• "Laws" for the state are made by
the state
• Whose decisions outweigh your
decisions? _______
• Your parents don't usually let you
“go anywhere” without asking
you to “do” something first
• Federal laws is supreme to the
state laws
• Allowances from federal
government usually come with
strings attached (if you want
federal highway funding, you will
raise the drinking age to 21).
• Federal government mandates
"programs" and then does not
fund the program.
• What are your chores?" Do you
get paid?
• Both you and your parents have
assigned responsibilities, what are
your responsibilities around the
house? (Parental expectations)
• Federal and State governments have
separate responsibilities (Federal
protects the country/economy, the
states protect general welfare of the
people within their state)
• How does your family "share" the
work-load?
• What do you and your parents argue
about?
• Each room has different "rules"
attached to it. What are the "rules" in
each room?
• Can you think of any time when you
came up with a solution and the
family implemented it?
• A lot of programs are "shared" by
both the federal and state.
• Both levels are constantly seeking to
maintain "power"
• Every state makes laws that "fit" their
state/people (snow chains in some,
not in others).
• States try new programs, if they work
at state level, they are brought up to
the federal level.
Another Perfect Storm
Artist: Jeff Danziger
Date: September, 2005 http://cartoonbox.slate.com/
States have their own laws…check these
laws out 
http://en.wikipedia.org/wiki/Gun_laws_in_the
_United_States_(by_state)
So What is Federalism?
System of government in which powers are divided
and shared by a central government and its subdivisional governments
What is Federalism?
 Defining Federalism: the
distribution of power between a
central and sub-divisional
governments
– the central government
– the states
– the local governments
• all share power to make, enforce, and
interpret laws
What is Federalism?
 Both the state and federal
governments have
substantial power and
responsibility
– including the power to tax and
enforce laws that regulate
conduct of individuals.
What is Federalism?
 Both the federal
government and the
state government get
their power from a
common source - the
Constitution.
 But the world
“federalism” is not in the
Constitution!!
Why Did Founders Choose Federalism?


“Confederation”- tried and failed.
“Unitary” government? Was out-of-thequestion!!! Founding Fathers were too attached to
state governments (It was too much like England’s
gov’t)

Federalism allows “Unity without Uniformity”
– National politicians do not have to iron out every
difference on every issue that divides us. Issues are
debated in the state legislatures, county courthouses,
and city halls.
Benefits of Federalism


States can solve the same
problem in different ways
Federalism “Encourages
Experimentation”. State
governments are laboratories for
public policy experimentation.
Negative effects are limited if
proposals fail. If they succeed,
they can be tried nationwide.
Benefits of Federalism
 Federalism “Keeps Government closer to the
People”
 Keeps us close to the issues and gives us
firsthand knowledge of what needs to be
done.
 We serve on boards and associations and on
planning commissions locally.
 May be more responsive to the problem than
experts in Washington.
But…Many Negative Aspects of Federalism!
Constitutional Basis of Federalism
 Supremacy Clause (Art. VI)
– U.S Constitution, Laws of Congress, Treaties
– Officials of the state as well as the nation are bound by
constitutional oath to support the Constitution.
– States may not use their reserved powers to override
national policies.
 Yet, the 10th Amendment:
The 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.
Guarantees of the National government to the States
(Article 4 of the Constitution)



Republican form of
government- at least one
representative in the house
and 2 Senators.
Protection from invasionboth foreign and domestic
Territorial integrity-can not
divide the state-must
recognize boundaries.
States’ Obligations to Each Other
 Full Faith and Credit (Art IV)
 Extradition
Constitutional Distribution of Powers
In Article I – Sec 8
Constitutional Distribution of Powers
Many are in state
constitutions
Powers of the States

Reserved powers
(10th Amendment)
– powers not granted
to the national
government are
reserved for the
states.
Concurrent Powers

Concurrent powers
–

powers that are shared by
both federal and state
governments.
Examples include:
–
–
–
To tax, borrow money
To punish criminals
To provide public health,
education
Constitutional Distribution of Powers
(expessed power)
(enumerated power)
Expansion of Federal (national)
Powers
How Did Federal Gov. Establish
Supremacy?
 Remember the 10th Amendment?
– The 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.
 However, the Supreme Court took up TWO
important cases that broadened national
powers and establish federal supremacy over
the states
How Did Federal Gov. Establish
Supremacy?
 McCulloch v. Maryland (1819)
 Gibbons v. Ogden (1824)
McCulloch v. Maryland (1819)


McCulloch v. Maryland
(1819)- The State of
Maryland levied a tax against
the Baltimore branch of Bank
of the United States (B. of
U.S. was created by
Congress)
McCulloch, the cashier of the
bank refused to pay on the
grounds that the state could
not tax an institution of the
national government.
McCulloch V. Maryland (1819)
 Maryland argued that
Congress DOES NOT have
authority to create a bank
(power not given to
Congress by the
Constitution)
 Also the power to tax is a
reserved power that all
states have and the state of
Maryland can use it as it
see fit.
McCulloch V. Maryland (1819)
 The Supreme Court under Chief Justice John Marshall
addressed two IMPORTANT questions:
1. Does Congress have authority under the Constitution to
create a national bank?
2. If so, can the state of Maryland tax a branch of the national
bank within its own state borders?
McCulloch v. Maryland (1819)
The Constitution:



Gave no explicit power to Congress to create a bank
BUT, it gave Congress the power to make “all laws which shall be
necessary and proper” (Art I – Sec 8) to exercise its powers as
specified in the Constitution.
Also gave Congress powers to “lay and collect taxes; borrow money;
to regulate commerce”…
Ruling on Question #1:
1. A national bank would be “necessary and proper” for Congress to
carry out the above listed/enumerated powers. Therefore,
Congress has the power to create a national bank!
McCulloch V. Maryland
Ruling on Question #2:
2.
Laws of Congress are supreme over state laws. If the U.S. Congress
passed a law within its authority under the Constitution, a state
legislature cannot pass a law to interfere with that action.
Chief Justice John Marshall said that “the power to tax is the power to
destroy”. Therefore, the state of Maryland is not allowed to interfere with
a legitimate power of Congress by “destroying” the national bank!
Gibbons v. Ogden (1824)
 Background:
– In 1808, the state of NY granted Aaron Ogden an
monopoly license to operate steamboat serves between
NY and NJ.
– But, Thomas Gibbons also competed against Ogden on this
same route. But Gibbons held a federal license issued by
an act of Congress.
– Ogden sue Gibbons claiming he had exclusive right to offer
the service. Gibbons disagreed arguing that the
Constitution gave Congress the power to regulate
interstate commerce (commerce between states).
– Case went to Supreme Court and was decided, again, by
the Marshall Court in 1824.
Gibbons v. Ogden (1824)
 Supreme Court Ruling:
“…Few things were better know, than the immediate
causes which led to the adoption of the present
constitution…that the prevailing motive was to
regulate commerce; to rescue it from the
embarrassing and destructive consequences,
resulting from the legislation of so many different
States, and to place it under the protection of a
uniform law”
Gibbons v. Ogden (1824)
 Significance of this ruling:
- Supreme Court using the “commerce clause” to
expand power of the federal government.
- “commerce” does not just mean buying and selling
of goods but renting, and transporting goods,
services, and properties.
Why Did Powers Shifted from States
to Federal Government?
1.
2.
The result of the Civil War (14th & 15th Amendments)
The struggle for racial equality

Brown v. Board of Education (1954)
Why Did Powers Shifted from States
to Federal Government?
Few aspects, if any, of our economy today affect
commerce in only one state => federal government
increasingly EXERT its power over the states!
Intergovernmental Relations – How it Used to
Be

Cooperative Federalism
–
–
DEFINITION: A system of government in which powers
and policy making are shared between states and
national gov.
Like a marble cable
–
–
Share costs and administration
States follow federal guidelines
Intergovernmental Relations Today

Fiscal Federalism
–
–
–
DEFINITION: the pattern of spending, taxing and
providing grants (money the federal gov. gives the
state for many programs: education, transportation,
social welfare, housing, homeland security, etc…).
These are given to state AND local governments.
Categorical Grants: federal money can be used for
specific categories with strings attached
Block Grants: federal money given more or less
automatically to support broad programs
Federalism and Use of Grants
 Congress authorizes programs and appropriates funds-they
have deeper pockets than the states.
 Their most potent tool for influencing policy at the state
level has been through grants.
Example of Categorical Grants
 See pdf files in folder
Unfunded Mandates
 Sometimes, federal government forces states
to do something without funding -> unfunded
mandates
 Real ID program:
http://media.pearsoncmg.com/long/long_lon
gman_media_1/2011_mpsl_video/abc_realid/
player.html
Unfunded Mandates
 American with Disabilities Act 1990
 No Child Left Behind
Strings Attached to Funding
Strings Attached to Funding
Intergovernmental Relations Today

The Republican “Contract with America” called for
devolution – transfer of political and economic
powers to the states.

Inspired by Pres. Ronald Reagan: “Government is
not the solution; it’s the problem.”
Understanding Federalism
Advantages for Democracy
– Increases access to
government
– Local problems can be
solved locally
– Hard for political
parties or 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 and too
much money
Adv./Disadvantages of Federalism?
Adv./Disadvantages of Federalism?
Adv./Disadvantages of Federalism?
Do We Have Too Much Governments?
Federalism and the Scope of Government-Why
has the Federal Gov. grown so much?
1. As the U.S. has changed from agriculture to industry, new demands
for government arose.
2. The national government answered with a national banking system,
subsidies for railroads, and airlines and a host of other policies
created to expand the economy.
3. The formation of large corporations led to abuses and many groups
asked the national government to regulate and encourage open
competition.
4. Farmers also sought services such as price supports
5. Unions sought better working conditions, better pay, trade
restrictions.
Federalism and the Scope of Government-Why has
the Federal Gov. grown so much?
6. As we urbanized, we’ve had new problems in housing, education,
transportation, and the environment.
7. The states lack the resources and authority to deal with such
enormous problems. How do you deal with pensions for people
who move from state to state if the states were responsible for
something like social security? How do deal with environmental
pollution if each state were to have separate laws?
8. We, the American public have demanded that the national
government take up the issues of the country because we know
that the federal government has the resources and power to do
so.
9. Over the years, the U.S. has moved from dual to cooperative
federalism to fiscal federalism.