FEDERALISMFEDERALISM

Wilson Chapter 3Wilson Chapter 3

AP Government - Mr. CambouAP Government - Mr. Cambou

ObjectivesObjectives

1.1. Explain the differences between federal and Explain the differences between federal and centralized systems of governmentcentralized systems of government

2.2. Show how competing political interests at the Show how competing political interests at the Const. Convention led to the adoption of a Const. Convention led to the adoption of a federal system that was not clearly defined.federal system that was not clearly defined.

3.3. Outline the ways in which national and state Outline the ways in which national and state powers have been interpreted by the courtspowers have been interpreted by the courts

4.4. Distinguish between categorical and block Distinguish between categorical and block grantsgrants

FederalismFederalism

Definition:Definition:

Constitutional division of power between Constitutional division of power between the national government and state the national government and state governments. Both get their power from a governments. Both get their power from a Constitution, not each other.Constitution, not each other.

Reasons for Federalism in USReasons for Federalism in US

1.1. Unitary system (central govt. not Constitution Unitary system (central govt. not Constitution delegates power) was undesirabledelegates power) was undesirable

2.2. Confederate structure undesirableConfederate structure undesirable3.3. Allows for unity, but not uniformity (allows Allows for unity, but not uniformity (allows

differences among the states)differences among the states)4.4. More suitable to large nationMore suitable to large nation5.5. More likely to check tyranny (ie Shay’s rebellion)More likely to check tyranny (ie Shay’s rebellion)6.6. Encourages experimentationEncourages experimentation7.7. Keeps govt. closer to the people - multiple points Keeps govt. closer to the people - multiple points

of access for citizensof access for citizens

The FoundingThe Founding

1.1. A bold plan to protect personal libertyA bold plan to protect personal liberty- People control the government and will balance People control the government and will balance

power between the state and federal govts.power between the state and federal govts.- 10th amendment limits power of the fed govt.10th amendment limits power of the fed govt.

2.2. Elastic Clause - Article 1Elastic Clause - Article 1-- All laws “necessary and proper”All laws “necessary and proper”

-- Emphasized national supremacy- used to grant new Emphasized national supremacy- used to grant new powers (change the Constitution)powers (change the Constitution)

Historical DevelopmentsHistorical Developments

1.1. Supreme Court speaks:Supreme Court speaks:- McCulloch vs. Maryland (1819)McCulloch vs. Maryland (1819)- National bank was necessary and properNational bank was necessary and proper- States cannot tax a federal bank - national powers were States cannot tax a federal bank - national powers were

supremesupreme- Nullification - states can declare acts of federal government Nullification - states can declare acts of federal government

unconstitutional. Court ruled against this.unconstitutional. Court ruled against this.

2.2. Dual Federalism (through 1937)Dual Federalism (through 1937)- States and Federal govt. remained supreme in their own States and Federal govt. remained supreme in their own

spheresspheres- Powers and policies were distinct to their layer of government Powers and policies were distinct to their layer of government

- like a layered cake- like a layered cake

Historical DevelopmentsHistorical Developments

3.3. Cooperative (“Marble Cake”) federalismCooperative (“Marble Cake”) federalism- Since 1937Since 1937- Mingling of responsibilities; share powersMingling of responsibilities; share powers- National government powers should be interpreted National government powers should be interpreted

broadlybroadly

4.4. New Federalism (Nixon, Reagan)New Federalism (Nixon, Reagan)- Power back to statesPower back to states- Use of Block grantsUse of Block grants- States’ exert more control - Initiative, Referendum States’ exert more control - Initiative, Referendum

and Recall; Police powersand Recall; Police powers

Structure of American Structure of American FederalismFederalism

1.1. National Powers (Delegated)National Powers (Delegated)- Expressed or enumeratedExpressed or enumerated- Implied (importance of elastic clause)Implied (importance of elastic clause)- Inherent (necessary as a national govt.)Inherent (necessary as a national govt.)

2.2. State Powers (Reserved- Amendment 10)State Powers (Reserved- Amendment 10)- Establishing voting requirements, running elections, licensing - Establishing voting requirements, running elections, licensing

professionals)professionals)

3.3. Concurrent Powers (Shared)Concurrent Powers (Shared)- taxing, borrowing, establishing court system)- taxing, borrowing, establishing court system)

4.4. National Supremacy (Article 6)National Supremacy (Article 6)5.5. Obligations of National GovernmentObligations of National Government6.6. Obligations of State GovernmentObligations of State Government

Federal- State RelationshipsFederal- State Relationships

P. Diddy summed it up best - its all about the P. Diddy summed it up best - its all about the Benjamins!Benjamins!

Growth of federal government has necessitated Growth of federal government has necessitated the funding of local government for the purpose the funding of local government for the purpose of administering federally funded programsof administering federally funded programs

- Dollar amounts have consistently risen over the - Dollar amounts have consistently risen over the last several decades, though the % of federal last several decades, though the % of federal expenditures have variedexpenditures have varied

Federal-State RelationsFederal-State Relations

Why was federal money so attractive to the Why was federal money so attractive to the states?states?- Availability and political gains- Availability and political gains

Purposes of Federal grants:Purposes of Federal grants:1.1. Reduces federal bureaucracyReduces federal bureaucracy2.2. Supplies local govt. with fundsSupplies local govt. with funds3.3. Establishes federal standardsEstablishes federal standards4.4. Equalizes reources among rich and poor Equalizes reources among rich and poor

statesstates

Types of GrantsTypes of Grants

CATEGORICAL-CATEGORICAL- For specific programs (roads, For specific programs (roads, housing, airports)housing, airports)

BLOCKBLOCK - Granted to support a collection of - Granted to support a collection of general programs = more state leeway in general programs = more state leeway in spending (104th Congress favored)spending (104th Congress favored)

REVENUE SHARINGREVENUE SHARING - General grants of money - General grants of money to states to spend as they please (Nixon and to states to spend as they please (Nixon and Reagan favored)Reagan favored)

CASE STUDY: CASE STUDY: Welfare Reform of 1996Welfare Reform of 1996

- Welfare block grants replaced welfare Welfare block grants replaced welfare categorical grantscategorical grants

Federal “strings” attached (very few):Federal “strings” attached (very few):1.1. No funds to recipients who had not worked in No funds to recipients who had not worked in

past 2 yearspast 2 years2.2. No funds to recipients who had received fed. $ No funds to recipients who had received fed. $

for more than 5 yearsfor more than 5 years3.3. States must spend at least 75% of what they States must spend at least 75% of what they

had previously spent on welfarehad previously spent on welfare

MANDATESMANDATES

A federal order imposed upon states:A federal order imposed upon states:- Americans with disabilities actAmericans with disabilities act- Environmental ActsEnvironmental Acts- Individuals with Disabilities in Education Individuals with Disabilities in Education

ActAct

Purpose is to meet a goal of the federal Purpose is to meet a goal of the federal govt.govt.

MANDATESMANDATES

Impact on States:Impact on States:1.1. Financial burden (unfunded mandates)Financial burden (unfunded mandates)

2.2. Federal intrusivenessFederal intrusiveness

3.3. Heavy penaltiesHeavy penalties

4.4. Federal blackmail (don’t comply in one area, Federal blackmail (don’t comply in one area, funds withheld in another)funds withheld in another)

5.5. Excessive power of Federal governmentExcessive power of Federal government

Devolution RevolutionDevolution Revolution

Push by the Republican Congress of 1994 Push by the Republican Congress of 1994 (104th) to pass federal functions on to the (104th) to pass federal functions on to the states.states.

Central to the “Contract with America”Central to the “Contract with America”

Promised:Promised:-restrictions on unfunded mandates-restrictions on unfunded mandates- more block grantsmore block grants- Continue the “New Federalism” of Nixon that Continue the “New Federalism” of Nixon that

was favored by Reagan, and the Bushes.was favored by Reagan, and the Bushes.

The ResultsThe Results

Clinton declared the “end of big Clinton declared the “end of big government”government”- Welfare Reform billWelfare Reform bill- Repeal of 55 mph speed limitRepeal of 55 mph speed limit- Restrictions on unfunded mandatesRestrictions on unfunded mandates- More block grantsMore block grants- Bush Tax cutsBush Tax cuts

However,However,

1.1. National criteria for state-issued drivers’ National criteria for state-issued drivers’ licenseslicenses

2.2. National registration of mutual fundsNational registration of mutual funds

3.3. More national food safety standardsMore national food safety standards

4.4. More national crimes More national crimes

5.5. Patriot ActPatriot Act

6.6. No Child Left BehindNo Child Left Behind

FinallyFinally

What is better?What is better?

Decentralist (states’ rights approach)Decentralist (states’ rights approach)

Vs.Vs.

Centralist (nationalist approach)Centralist (nationalist approach)