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Federalism
(Is that a cake?)
Definition of Federalism
Divided and Co-Equal Powers
• Government structure and powers are divided
between the central (Federal) and regional (State)
governments.
• The Federal Gov’t and the State Govt’s are coequal. The Constitution allows wide powers to the
States in the 10th Amendment.
• Neither level can change the basic division of
powers set in the Constitution without the
cooperation of the other: Ex. both Congress and
the States must take part in amending the
Constitution.
Country Comparison
• Federal (de jure and de facto): US, Nigeria,
Mexico
• Unitary: Russia (de jure federal, de facto
unitary); China; Iran; Britain (de jure
unitary, de facto federal since Blair’s
devolution)
• Why choose one or the other?
Why Federalism?
• Hamilton, Federalist 84: Part of system of
checks and balances, will help protect the
people’s rights– States will act as
“sentinels” of the people’s rights against
National government intrusion
Division of Powers Between the
Federal and State Gov’t
Delegated or Exclusive Powers
• Powers given to the Federal Govn’t
• Example: The power to declare war
Concurrent Powers
• Powers shared by the Federal and State Govn't
• Example: The power to create courts or to tax
Reserved Powers
• Powers given or reserved for the State
• Example: The power to establish public schools
Types of Delegated Powers
Expressed
• These are powers explicitly granted in the
Constitution (Congress has the power to declare
war).
Implied
• Powers that are not directly stated in the
Constitution. They are implied in Article 1 Section 8
Clause 18 called the Necessary and Proper Clause.
Inherent
• Powers that belong to the Federal government
naturally and historically (foreign policy powers).
The Division of Powers
Delegated or Exclusive
Powers of the National
Gov’t
Concurrent
Powers
Reserved
Powers of the
States
1.8
10th
Denied (1.9)
Denied (1.10)
BoR +14 (incorporated rights)
Marble Cake Federalism
• Begins Reconstruction (esp. 14th),
accelerated New Deal, expanded Civil
Rights Movement, rolled back
Clinton/Gingrich “devolution revolution”
• The Federal gov’t influences State policies
through various means (especially with
money).
• The States influence Federal policies
(especially through institutions).
Delegated/
Exclusive
Concurrent
Reserved
Federal Aid to States
• A. Grants in aid: grants of federal money or
resources to State and/or local units
• Categorical grants: specific, closely defined purpose
(school lunches) many strings attached (no
discrimination, matching funds, administer grant)
• Block grants: more broadly defined (esp. since 1996
welfare)States more free to act
• Project grants: aid to States and even private groups
(cancer research)
B. Revenue Sharing: (1972-1987) Congress
gave a portion of federal tax receipts to
Statesbroad latitude except couldn’t be
used for discriminatory programs (killed by
Reagan and budget deficits)
C. Other:
- “Lulu payments”: in lieu of property taxes
on federal lands
- FBI, Census Bureau, armed forces provide
services
State Aid to Federal
• States conduct and fund elections (Florida)
• State courts handle naturalization
(becoming an American citizen)
• Federal arrests made by local and State
police, local jails