Federalism

• Divides the power of government within the levels of government (sep of powers) but also across governments (between state and national governments)

• Federalist 51: federalism = “double security against majority tyranny”

Other Forms of Government

• Unitary Government– Most nations have unitary governments

• Hierarchical power structure• Authority lies with national government

– Example: Britain

• Confederation– Members join together to achieve common goal

• Only has power lent to it by members• Members can withdraw support at any time

– Example: NATO, Confederate States of America

Federalism

• One national government, 50 state governments

• Result: Shared power between the federal government and the states.

• Examples: (Table 3.1)– Dual sovereignty

Validity of Federalism

• Basic Tradeoff between Unitary Government and Federalism– A more centralized system is likely to be

more uniform, equitable, and accountable decentralized system is likely to be more democratic and flexible

Types of Federalism

• Dual Federalism (United States)– Layer cake federalism– Each level is independent and separate from

the other

• Cooperative Federalism– Marble-cake Federalism– Interaction between various levels of

government

Ways Federal Power Has Been Expanded

– Supremacy Clause: national laws superior to state laws

• McCulloch v. Maryland (1819)

– Commerce Clause: interstate commerce

– Spending Clause: power of the purse

– Necessary and Proper Clause (“Elastic Clause”)

Examples:

• South Dakota v. Dole (1987)– Drinking age

• U.S. v. Lopez (1995)– 1990 Gun-Free School Zone Act

• Katzenbach v. McClung (1964)– Civil Rights Act of 1964

New Federalism

• Nixon: New Federalism– Underlined notion that states were being returned

authority over their own funds, not granted license to spend federal money

– Decentralization of power• Reagan: New Federalism II

– Control over federal programs would be shifted more to the states

• George W. Bush:– More state level control over policies (example: No

Child Left Behind More state level involvement and accountability)

Strength of Federalism

• Local control– Citizens place more trust in local government

• Proximity to Citizens– Some argue that local gov’t knows needs of

people better than federal government

• Innovation and Experimental Lab– States are “laboratories of democracy”

Weaknesses of Federalism

• Allows local minorities to block the will of  national majorities (civil rights)

• Justice varies from state to state (policies)

Effects of Federalism:Policy Decisions

• What level of government should make decisions about public policy issues?– Death Penalty– Gun Control Laws– Welfare– Education– Voting laws– Marriage – Alcohol/Tobacco/Drugs