federalism. defining federalism the constitutional basis of federalism

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Page 1: Federalism. Defining Federalism The Constitutional Basis of Federalism

Federalism Federalism

Page 2: Federalism. Defining Federalism The Constitutional Basis of Federalism

Defining FederalismDefining Federalism

Page 3: Federalism. Defining Federalism The Constitutional Basis of Federalism

The Constitutional Basis of The Constitutional Basis of FederalismFederalism

Page 4: Federalism. Defining Federalism The Constitutional Basis of Federalism

Intergovernmental Intergovernmental Relations TodayRelations Today

Dual FederalismDual Federalism Definition: a system of government in Definition: a system of government in

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

Like a layer cakeLike a layer cake Narrowly interpreted powers of federal Narrowly interpreted powers of federal

governmentgovernment Ended in the 1930’sEnded in the 1930’s

Page 5: Federalism. Defining Federalism The Constitutional Basis of Federalism

Intergovernmental Intergovernmental Relations TodayRelations Today

Cooperative FederalismCooperative Federalism Definition: a system of government in Definition: a system of government in

which powers and policy assignments which powers and policy assignments are shared between states and the are shared between states and the national governmentnational government

Like a marble cakeLike a marble cake Shared costs and administrationShared costs and administration States follow federal guidelinesStates follow federal guidelines

Page 6: Federalism. Defining Federalism The Constitutional Basis of Federalism

Intergovernmental Intergovernmental Relations TodayRelations Today

Fiscal FederalismFiscal Federalism Definition: the Definition: the

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

Page 7: Federalism. Defining Federalism The Constitutional Basis of Federalism

Intergovernmental Intergovernmental Relations TodayRelations Today

Page 8: Federalism. Defining Federalism The Constitutional Basis of Federalism

Intergovernmental Intergovernmental Relations TodayRelations Today

Fiscal Federalism (continued)Fiscal Federalism (continued) The Grant System: Distributing the Federal The Grant System: Distributing the Federal

PiePie Categorical Grants: federal grants that can be Categorical Grants: federal grants that can be

used for specific purposes; grants with strings used for specific purposes; grants with strings attachedattached

Project Grants: based on meritProject Grants: based on merit Formula Grants: amount varies based on formulasFormula Grants: amount varies based on formulas

Block Grants: federal grants given more or less Block Grants: federal grants given more or less automatically to support broad programsautomatically to support broad programs

Grants are given to states & local governments.Grants are given to states & local governments.

Page 9: Federalism. Defining Federalism The Constitutional Basis of Federalism

Intergovernmental Intergovernmental Relations TodayRelations Today

Fiscal Federalism (continued)Fiscal Federalism (continued) The Scramble for Federal DollarsThe Scramble for Federal Dollars

$460 billion in grants every year$460 billion in grants every year Grant distribution follows universalism—a Grant distribution follows universalism—a

little something for everybody.little something for everybody. The Mandate BluesThe Mandate Blues

Mandates direct states or local Mandates direct states or local governments to comply with federal rules governments to comply with federal rules under threat of penalties or as a condition under threat of penalties or as a condition of receipt of a federal grant.of receipt of a federal grant.

Unfunded mandatesUnfunded mandates

Page 10: Federalism. Defining Federalism The Constitutional Basis of Federalism

Understanding Understanding FederalismFederalism

Advantages for Advantages for DemocracyDemocracy Increases access to Increases access to

governmentgovernment Local problems can Local problems can

be solved locallybe solved locally Hard for political Hard for political

parties or interest parties or interest groups to dominate groups to dominate all politicsall politics

Disadvantages for Disadvantages for DemocracyDemocracy States have States have

different levels of different levels of serviceservice

Local interest can Local interest can counteract national counteract national interestsinterests

Too many levels of Too many levels of government and government and too much moneytoo much money

Page 11: Federalism. Defining Federalism The Constitutional Basis of Federalism

Understanding Understanding FederalismFederalism

Page 12: Federalism. Defining Federalism The Constitutional Basis of Federalism

Understanding Understanding FederalismFederalism

Page 13: Federalism. Defining Federalism The Constitutional Basis of Federalism

Key Concepts in Federalist Key Concepts in Federalist Papers Papers

Constitutional Underpinnings of Constitutional Underpinnings of the United States Government the United States Government

Federalism, Separation of Powers, Checks Federalism, Separation of Powers, Checks and Balances, Representation, Pluralism and Balances, Representation, Pluralism

Ideological and philosophical justifications Ideological and philosophical justifications of the Constitution of the Constitution

Factions Factions Bill of Rights Bill of Rights Role of the institutions of government Role of the institutions of government Contending theories of American Contending theories of American

governmentgovernment

Page 14: Federalism. Defining Federalism The Constitutional Basis of Federalism

The Ratification DebateThe Ratification Debate

Crucial states—PA, MASS, VA, NYCrucial states—PA, MASS, VA, NY First 36 completed by January,1788First 36 completed by January,1788

Next 49 completed in Vol. 2—May 28 Next 49 completed in Vol. 2—May 28 Madison wrote 40% of final product while the Madison wrote 40% of final product while the

Continental Congress was sitting in NY Continental Congress was sitting in NY Jay—wounded in a street riot soon after Jay—wounded in a street riot soon after

Federalist series releasedFederalist series released Returned to write in Federalist 64 Returned to write in Federalist 64

Checks and balances mentioned once—Checks and balances mentioned once—Federalist 9 Federalist 9

Page 15: Federalism. Defining Federalism The Constitutional Basis of Federalism

ExperienceExperience Experience mentioned 91 times—bookends to The Experience mentioned 91 times—bookends to The

Federalist Papers Federalist Papers ““After an unequivocal experience of the inefficiency of the After an unequivocal experience of the inefficiency of the

subsisting Federal Government, you are called upon to subsisting Federal Government, you are called upon to deliberate on a new Constitution for the United States of deliberate on a new Constitution for the United States of America.” Federalist 1, HamiltonAmerica.” Federalist 1, Hamilton

Quoting Hume, “To balance a large state or society (says Quoting Hume, “To balance a large state or society (says he) whether monarchical or republican, or general laws, is he) whether monarchical or republican, or general laws, is a word of so great difficulty, that no human genius, a word of so great difficulty, that no human genius, however comprehensive, is able by the mere dint of reason however comprehensive, is able by the mere dint of reason and reflection, to effect it. The judgments of many must and reflection, to effect it. The judgments of many must unite in the work: EXPERIENCE must guide their labor: unite in the work: EXPERIENCE must guide their labor: TIME must bring it to perfection: And the feeling of TIME must bring it to perfection: And the feeling of inconveniences must correct the mistakes which they inconveniences must correct the mistakes which they inevitably fall into, in their first trials and experiments.” inevitably fall into, in their first trials and experiments.” Federalist 85, Hamilton. Federalist 85, Hamilton.

Page 16: Federalism. Defining Federalism The Constitutional Basis of Federalism

The Ratification DebateThe Ratification Debate

Political argument Political argument WWJMD? WWJMD? Reflection of Federalist thought? Reflection of Federalist thought?

Grouped around major themes Grouped around major themes 1-14 advantages of a more perfect union 1-14 advantages of a more perfect union 15-24 weaknesses of the AOC 15-24 weaknesses of the AOC 23-36 what powers ought to be exercised by 23-36 what powers ought to be exercised by

national government national government 37-85 proposed Constitution and how it 37-85 proposed Constitution and how it

conforms to the principles of good conforms to the principles of good government and republican principlesgovernment and republican principles

Page 17: Federalism. Defining Federalism The Constitutional Basis of Federalism

The Ratification Debate The Ratification Debate

Process of Ratification debate Process of Ratification debate Three Debates pertaining to:Three Debates pertaining to:

1.1. Legality of Convention Legality of Convention

2.2. Endorsement of Constitution and its adoptionEndorsement of Constitution and its adoption

3.3. Amendments to the Constitution Amendments to the Constitution 8 month period—Sept.87—June 888 month period—Sept.87—June 88

Bulk done in December Bulk done in December All debates have one thing in common—include All debates have one thing in common—include

at least one member from the Philadelphia at least one member from the Philadelphia Convention who usually introduced the Convention who usually introduced the documentdocument

Page 18: Federalism. Defining Federalism The Constitutional Basis of Federalism

The Ratification DebateThe Ratification Debate

Debate itselfDebate itself 95 different newspapers 95 different newspapers 2 at least in every state 2 at least in every state Philly, NY, Boston media centers Philly, NY, Boston media centers Federalist positioning in papersFederalist positioning in papers Only 6 of 95 were Anti-Federalist (13 Only 6 of 95 were Anti-Federalist (13

leaned) leaned)

Page 19: Federalism. Defining Federalism The Constitutional Basis of Federalism

Federalism and The Federalism and The Federalist Papers Federalist Papers

““The powers…to the federal government are The powers…to the federal government are few and defined. Those which are to remain few and defined. Those which are to remain in the State governments are numerous and in the State governments are numerous and indefinite. The former will be exercised indefinite. The former will be exercised principally on external objects such as war, principally on external objects such as war, peace, negotiation, and foreign peace, negotiation, and foreign commerce….The powers reserved to the commerce….The powers reserved to the several States will extend to all the objects several States will extend to all the objects which…concern the lives, liberties, and which…concern the lives, liberties, and properties of the State.” properties of the State.” Federalist 45, Madison Federalist 45, Madison

Page 20: Federalism. Defining Federalism The Constitutional Basis of Federalism

Federalism and The Federalism and The Federalist PapersFederalist Papers

““Both governments are in fact Both governments are in fact different agents and trustees of the different agents and trustees of the people, constituted with different people, constituted with different power.”power.” Federalist 46, MadisonFederalist 46, Madison

““If their rights are invaded by either, If their rights are invaded by either, they can make use of the other as they can make use of the other as the instrument of redress.”the instrument of redress.” Federalist 28, Hamilton Federalist 28, Hamilton