Federalism

1

• Lecture 18
• Federalism

2
The Roots of Federalism

• Historical Origins
• The colonies
• Structural Origins
• Great diversity nationally

3
Federalism Pros and Cons

• Pro Diversity of Needs
• Pro Closeness to the People state control
  in
• Pro Innovation and Experimentation

• Con The Importance of National Standards
• Con Low Visibility and Lack of Popular Control
• Con Spillover Effects and Competition

4
Federalism What Sort of Balance?

• A Recent Trend toward State Control
• Clinton and the Republican Congress
• Supreme Court decisions
• Devolution The delegation of power by the
  central government to state or local bodies.

5
Federalism What Sort of Balance?

• The Constitution and the States
• Independent State Powers
• The Reservation Clause Amendment 10 powers
  not delegated to the central government are
  reserved to the states, respectively, or to the
  people
• The States Roles in National Government
• Relations Among the States

6
The Evolution of Federalism

• Federalism Before the Civil War
• The Marshall Court
• Fletcher v. Peck (1810) established judicial
  review over state laws
• McCulloch v. Maryland (1819) established a
  legal justification for the expansion of federal
  power

7

• The Civil War and Federalism
• 13th Amendment
• Abolished slavery
• 15th Amendment
• Section 1 The right of citizens of the United
  States to vote shall not be denied or abridged by
  the United States or by any State on account of
  race, color, or previous condition of servitude.
• Section 2 The Congress shall have power to
  enforce this article by appropriate legislation
• 14th Amendment
• Due Process Clause . . . no state shall deprive
  any person of life, liberty, or property without
  due process of law
• Equal Protection Clause . . . nor deny to any
  person within its jurisdiction the equal
  protection of the laws

8

• The New Deal and World War II
• The Courts Role Changing the Balance
• 1895 Sherman Anti-Trust Act
• 1918 Child Labor Laws
• The 1930s and the New Deal
• 1964 Civil Rights Act
• Transition in the 1990s
• 1995 gun control in public schools
• 2000 Violence Against Women Act

9
The Marble Cake

• Dual Federalism federalism in which the powers
  of the states and the national government are
  clearly separated
• Cooperative Federalism federalism in which the
  powers of the states and national government are
  intertwined

10
The Rise of National Grants-in-Aid to the States

• Reasons for Grants
• Externalities
• Abundant National Government Resources
• Local Provision
• Categorical Grants
• Block Grants and Revenue Sharing the New
  Federalism
• Conditions on Aid
• Slowdown in National Money

11
The Balance of Power and Control Resurgence of
the States

• State sources of funding are becoming more
  important
• The states account for a growing share of public
  employees
• The Court has overruled a number of recent
  federal actions
• Support from the federal government for returning
  power to the states