Federalism

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Federalism

• Grant Programs
• Federal Regulations

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Government Units
29,481 Special Districts 50 States 3,042
Counties 19,205 Municipalities 16,691
Towns 14,741 School Districts
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Federalism

• Checks the growth of tyranny.
• Allows unity without uniformity.
• Encourages experimentation.
• Keeps government closer to the people.

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The Tenth Amendment
The powers not delegated to the U.S. by the
Constitutionare reserved to the states
respectively, or to the people.
Reserved Powers Clause
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FEDERALIST No. 28
Alexander Hamilton believed that people could
shift their support between state and federal
levels of government as needed to keep the two in
balance. If their rights are invaded by
either, they can make use of the other as the
instrument of redress.
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CONSTITUTIONAL VAGUENESS
The Constitution does not spell out the powers
states have. States were thought to be
responsible for poverty, public safety, health,
and education.   Because of the constitutional
vagueness, the COURTS have largely defined the
division of authority between the federal
government and the states.
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Formal Constitutional Framework
The national government has only those powers
delegated to it by the Constitution. The
national government is supreme. The state
governments have residual powers meaning those
neither assigned to the national government nor
denied to the states. Some powers are
specifically denied to both the national
government and the state governments.
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Powers Denied to the States

• Making treaties with foreign governments.
• Authorizing private persons to prey on the
  shipping and commerce of other nations.
• Coining money, issuing bills of credit, or making
  anything but gold and silver coin legal tender in
  payment of debts.
• Taxing imports or exports.
• Taxing foreign ships.
• Keeping troops or ships in time of peace.
• Engaging in war.

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Interstate Relations

• Full faith and credit
• Privileges and immunities
• Extradition
• Interstate compacts

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Federalism through History
DUAL FEDERALISM 1787 to late 1930s A 19th
century concept of government recognizing a
duality of power between the national and state
governments, each having a distinct sphere of
authority and jurisdiction.
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McCulloch v. Maryland (1819)
In 1819 McCulloch v. Maryland, Chief Justice John
Marshall considered whether Congress had the
power to incorporate a Bank. He wrote Since
the Constitution had given Congress the power to
make all Laws which shall be necessary and
proper for carrying into execution of the
forgoing Power, the Bank of the United States was
constitutional.
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The Supremacy Clause
The other issue whether the state of Maryland
could tax a branch of the Bank of the United
States. Since the Constitution and federal laws
were supreme under the Supremacy Clause of
Article VI, they took precedence over the laws of
the states. A state cannot tax those subjects
to which its sovereign powers do not extend..the
power to tax involves the power to destroy.
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Gibbons v. Ogden (1824)
First case to involve the Constitutions
interstate commerce clause. Chief Justice
Marshall construed Gibbons federal license to
nullify Ogdens state one. Thus, he broadly
defined the national governments power to
regulate commerce, consequently restricting the
power of the states.
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The Civil War
One major historical event settled the issue of
national supremacy versus states rights. The
Civil War made it clear that the national
government is supremeits sovereignty derives
directly from the people and thus, states cannot
secede.
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Federalism through History
COOPERATIVE FEDERALISM 1930s to 1970s The
interpretation is characterized by a sharing of
governmental powers for the purpose of joint
problem solving.
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Emergence of aNational Economy
Federal-state distinctions much harder
now. Insurance companies sold policies to
customers both inside and outside a given state.
There were different laws regulating identical
policies that happened to be purchased from the
same company by persons in different states.
This didnt make a lot of sense.
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The New Deal
The New Deal set forth a program that was
dictated at the national level but carried out at
the state level. The new legislation included
massive job programs that provided work for
unemployed Americans. Other programs, like Aid to
Families with Dependent Children (AFDC) and
Social Security, offered assistance to people who
could not work. Thus, the states and federal
government became to be seen as partners.
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Nixon

• President Richard Nixon also advanced the New
  Deal and Great Society
• established the Supplemental Security Income
  program
• expanded the food stamp program
• created the Environmental Protection Agency
  (EPA) in 1970 to enforce laws such as the Clean
  Air Act (1963).

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Federalism through History
CREATIVE FEDERALISM 1970s 80s
A form of cooperative federalism extending
federal grants-in-aid beyond general governments
to special districts and private organizations.
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The Great Society

• The legacy of Roosevelts New Deal continued with
  President Lyndon Johnsons War on Poverty three
  decades later.
• Food Stamps
• Medicare
• Medicaid

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Federalism through History
NEW FEDERALISM 1980s 90s Proposal to
return social and economic programs from
the federal government to the states.
DEVOLUTION
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PERMISSIVE FEDERALISM
The states share of power rests upon the
permission and permissiveness of the national
government.
Welfare Reform Laboratories of Democracy
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FISCAL FEDERALISM
The shared responsibility between the national,
state (and local) governments for taxing and
spending policies.
FEDERAL
LOCAL
STATE
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Unfunded Mandates

• Brown v. Board of Education of Topeka, Kansas
• Americans with Disabilities Act of 1990
• Motor Voter Act of 1993
• Americans with Disabilities Act required
  businesses and state governments to provide the
  disabled with equal access to services,
  buildings, and transportation systems.

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Purposes of Federal Grants
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Purposes of Federal Grants
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Purposes of Federal Grants
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Purposes of Federal Grants
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Purposes of Federal Grants
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Purposes of Federal Grants
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Purposes of Federal Grants
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Purposes of Federal Grants
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Federal Aid Highway Act of 1956 building
highways and construction. The national
government financed 90 of the cost. 1974
Emergency Highway Energy Conservation Act
States had to agree to limit highways speeds to
55 mph if they wanted to receive funding for
highway repair. A 1984 highway law withholds
funds from states that do not enact minimum
drinking age of 21 and mandatory sentences for
drunk drivers.
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Types of Grants
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Types of Grants
Elementary Secondary Education Act Provided
money for reading, special education and support
programs for public school.
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Types of Grants
Federal Aid Highway Act of 1956 building
highways and construction. The national
government financed 90 of the cost.
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Types of Grants
Since 1974 Community Development Block Grant
Program provided a flexible source of annual
grant funds for local governments nationwide.
These projects must either - (1) benefit low- and
moderate-income persons (2) prevent or
eliminate slums or blight or (3) meet other
urgent community development needs.
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Types of Grants
State and Local Assistance Act of 1972 initially
delivered 4 billion per year in matching funds
to states and municipalities. The program, which
distributed some 83 billion dollars before it
was killed by Ronald Reagan in 1986, proved
enormously popular.
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FEDERAL REGULATIONS
Direct Orders Regulations which must be complied
with under threat of criminal or civil sanctions.
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FEDERAL REGULATIONS
Direct Orders Regulations which must be complied
with under threat of criminal or civil sanctions.
Cross-Cutting Requirements Federal grants which
are extended to all activities supported by
federal funds regardless of their source. If one
act is violated, all funds are withheld until
compliance of the law is achieved.
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MORE FEDERAL REGULATIONS
Cross-Over Sanctions These sanctions permit the
federal government to use federal funds in one
program to influence state and local policy in
another.
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MORE FEDERAL REGULATIONS
Cross-Over Sanctions These sanctions permit the
federal government to use federal funds in one
program to influence state and local policy in
another.
Partial-Preemption Programs given to state to
administer. If they do not meet the nationally
determined conditions or standards, the national
government will assume the responsibility.