Federalism

Chapter 3

Defining Federalism

• What is Federalism?• Definition: A way of organizing a nation so that two or

more levels of government have formal authority over the land and people.

• Intergovernmental Relations-• Definition: The workings of the federal system- the

entire set of interactions among national, state and local governments.

• Most governments in the world today are unitary not federal.

• 11/190 are federal

Defining Federalism

Defining Federalism

• Why is Federalism So Important?• Decentralizes our politics

• More opportunities to participate• More points of access to our government• Fewer sources of conflict for the national government.

• Decentralizes our policies• Which government should take care of which problem?

– States are responsible for most public policies dealing with social, family, and moral issues. Most police powers are given to the states. The constitution does not give the federal government, power to regulate drinking ages, marriage and divorce or speed limits.

• States can solve the same problem in different ways.]– States are policy innovators they are the laboratories for policies– Mitt Romney and universal health care

The Constitutional Basis of Federalism

• The Division of Power• Supremacy Clause

• The U.S. Constitution

• Laws of Congress

• Treaties

• It is the constitution over• State constitutions

• State Laws

• Tenth Amendment = boundaries of the national governments powers.

The Constitutional Basis of Federalism

The Constitutional Basis of Federalism

• Establishing National Supremacy• Implied Powers

• McCulloch v. Maryland (bank)

• Commerce Powers• Gibbons v. Ogden very broad to encompass virtually every

form of commercial activity.• United States v. Lopez (gun free school zones)

• The Civil War• Struggle between National and State governments

• The Struggle for Racial Equality• Brown V. Board of Education

The Constitutional Basis of Federalism

• States’ Obligations to Each Other• Full Faith and Credit: Each state must recognize official

documents and judgments rendered by other states.• Article IV, Section I of Constitution• Defense of Marriage Act permits states to disregard gay marriages.

– But can they?– Hawaii has since overturned their act. But Vermont?

• Privileges and Immunities: Citizens of each state have privileges of citizens of other states.

• Article IV, Section 2 of Constitution

• Extradition• No way to enforce, but who want criminals?

Intergovernmental Relations Today

• Dual Federalism• Definition: A system of government in which both the

states and the national government remain supreme within their own spheres, each responsible for some policies.

• Like a layer cake• States responsible for schools, law enforcement and road

building• National government responsible for foreign and military

policy, postal system and monetary policy

• Ended in the 1930’s

Intergovernmental Relations Today

• Cooperative Federalism• Definition: A system of government in which

powers and policy assignments are shared between states and the national government.

• Shared costs

• Shared administration

• States follow federal guidelines• Strings attached

Intergovernmental Relations Today

Intergovernmental Relations Today

• Fiscal Federalism• Definition: the pattern

of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments

Intergovernmental Relations Today

• Federal Grants to State and Local Governments (Figure 3.1)

Understanding Federalism• The Public Sector and the Federal System (Figure 3.5)

Intergovernmental Relations Today

• Fiscal Federalism continued:• The Grant System: Distributing the Federal Pie

• Categorical Grants: Federal grants that can be used for specific purposes. They have strings attached.

– Project Grants- based on merit– Formula Grants: amount varies based on formulas

• Block Grants: Federal grants given more or less automatically to support broad programs.

– Community development and social services

• Grants are given to states & local governments

Intergovernmental Relations Today

• Fiscal Federalism continued…• The Scramble for Federal Dollars

• $460 billion in grants every year states have full time staffs– Lobby for federal funds

• Universalism- a little something for everybody• The Mandate Blues

• Mandates are the “strings” attached to federal money – requirements that directs the states to comply with federal rules under threat of penalties or as a condition of receiving the federal grant.

• Unfunded mandates are requirements on state & local governments- but no money Americans with Disabilities Act 1990 required states to make facilities (colleges, schools etc.) accessible to individuals with disabilities -- but no money.

• Clean Air Act1970 established national air quality standards but requires the states to administer them and to appropriate funds for their implementation.

• Medicaid -- healthcare for poor– Administered by the states but paid for by the Federal government – when new requirements are added it increases the burden on the states.

Understanding Federalism

• Advantages for Democracy• Increasing access to

government

• Local problems can be solved locally

• Hard for political parties / 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- too much money

Understanding Federalism• State Welfare Benefits (Figure 3.3)

Understanding Federalism• Spending on Public Education (Figure 3.4)

Understanding Federalism

Understanding Federalism

• Federalism and the Scope of Government• Which level of government is best able to solve

the problem?

• Which level of government is best able to fund solutions to the problem?