The Evolution of Federalism

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The Evolution of Federalism
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Defining Federalism

• Federalism
• Constitutional arrangement whereby power is
  distributed between a central government and
  subdivisional governments called states in the
  United States. The national and the
  subdivisional governments exercise direct
  authority over individuals

Look, the American people dont want to be
bossed around by federal bureaucrats. They want
to be bossed around by state bureaucrats
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Advantages of Federalism

• Federalism allows for experimentation/diversity
• Multiple levels of government provide flexibility
• Citizens can choose where to live
• Citizens have many ways to influence their govt
• Provides additional checks balances

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Disadvantages of Federalism

• The complexity of the federal system
• Larger bureaucracy/duplication
• Coordination confusion
• Slow to respond to crisis
• Complex tax system
• Federalism is expensive
• Potential for inequality in services policies

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Versions of Federalism
Dual Federalism (Layer Cake Federalism) Views the
Constitution as giving a limited list of powers
to the national government, leaving the rest to
sovereign states

• Cooperative Federalism (Marble Cake Federalism)
• Federalism as a cooperative system of
  intergovernmental relations in delivering goods
  and services to the people
• As the colors are mixed in a marble cake, so
  functions are mixed in the American federal
  system.

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The Significance of the 10th Amendment

• The powers not delegated to the United States by
  the Constitution, nor prohibited by it to the
  States, are reserved to the States respectively,
  or to the people.
• The 10th Amendment was seen as a reservoir of
  reserved powers for state governments

• However, its rarely had much significance since
  McCulloch v. Maryland in 1819
• The doctrine of implied national powers, and the
  necessary and proper clause have undercut the
  words and apparent intent of the 10th Amendment

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Why Divide Authority in the First Place?

• The Constitution may have never been ratified if
  the Framers had pushed for a unitary system
• Federalism was a compromise, allowing the states
  to maintain their independence
• Why?
• Prevent tyranny
• Provision for increased participation
• Uses states for experimentation for new
  policies/programs

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The Evolution of Federalism

• State-Centered Federalism
• 1787 to 1868
• From the adoption of the Constitution to the end
  of the Civil War, the states were the most
  important units of the American Federal System
• McCulloch v. Maryland decided during this phase
• Construes necessary and proper to favor
  expansion of national authority

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McCulloch v. Maryland (1819)
Doctrine of Implied National Powers

• It determined that Congress had not only the
  powers expressly conferred upon it by the
  Constitution but also all authority appropriate
  to carry out such powers

Doctrine of National Supremacy

• The national supremacy principle states that all
  federal laws (including the Constitution itself)
  are superior to any conflicting state or local
  laws, such that the federal laws will always take
  precedence.

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Evolution of Federalism

• Doctrine of Nullification
• Each state could declare any laws or actions of
  the national government null and void (ruled
  unconstitutional)
• Doctrine of Secession
• States could chose to withdraw from the United
  States if they wanted
• Used by the Confederate States in the Civil War

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The Evolution of Federalism

• Dual Federalism
• 1868 to 1913
• In this phase, the national government narrowly
  interpreted its delegated powers and the states
  continued to decide most domestic policy issues.
  Believed the national government shouldnt exceed
  enumerated powers

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Evolution of Federalism

• After the Civil War, industrialization and
  urbanization created new challenges for the
  federal system

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The Evolution of American Federalism
Cooperative Federalism 1913 to 1964

• The system was likened to a marble cake in that
  as the colors are mixed in a marble cake, so
  functions are mixed in the American federal
  system.

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Cooperative Federalism 1913-1964

• New Deal centralized response to national
  crisis, become nationally-based welfare state
• Many social programs remain under state control
• Congress controls commerce leading up to and
  during WWII

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The Evolution of American Federalism
Centralized or Creative Federalism 1964-1980

• The presidency of Lyndon B. Johnson (1963-1969)
  marked a critical point in the evolution of
  federalism
• Federal government clearly had its own national
  goals

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The Great Society and Creative Federalism

• Johnsons Great Society
• War on Poverty
• Civil Rights Acts
• Federal funds were directed to states, local
  government, and a wide variety of social programs
  

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The Great Society and Creative Federalism
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The Great Society and Creative Federalism
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New Federalism

• Ronald Reagan sought to return more power and
  responsibility to the states
• Block grants and revenue sharing reduce federal
  requirements
• Government is not the solution its the
  problem
• -Ronald Reagan

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Devolution (Beginning in 1995)

• The Republican Contract with America called for
  devolution-- the transfer of political and
  economic power to the states (with decreased
  federal funding)
• 1996 Welfare Reform devolved the program to
  states

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The Supreme Courts Shift in Perspective

• Beginning in 1995, justices interested in
  granting more deference to state authority gained
  a slim five-to-four majority in the Supreme Court
• The Constitutional Counterrevolution
• A return to an older version of federalism not
  embraced since the constitutional crisis over the
  New Deal in the 1930s
• United States v. Lopez (1995)
• Printz v. United States (1997)
• United States v. Morrison (2000)

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The Changing Nature of Federal Grants

• In 1996 there was a shift from Categorical Grants
  to Block Grants
• 2 types of Categorical Grants (Grants-in-Aid)
• Formula grants
• Project grants
• Block Grants (Revenue-sharing Grants)
• Far more flexible

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The Changing Nature of Federal Grants

• Grants-in-Aid
• Federal funds given to state and local
  governments on the condition that the money be
  spent for specified purposes, defined by
  officials in Washington

Such funds are usually accompanied by
requirements and standards set by the governing
body for how they are to be spent. An example of
this would be how the United States Congress
required states to raise the drinking age for
alcohol from 18 to 21 in order for the individual
states to continue to qualify for federal funds
for interstate highways located within each state.
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The Future of Federalism

• The persistence of international terrorism, the
  war in Afghanistan, and rising deficits all
  ensure a substantial role for the national
  government in the years to come

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The Future of Federalism

• TARP (Troubled Asset Relief Program)
• Health Care Law
• No Child Left Behind

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No Child Left Behind Example

• Problem declining student performance
• Solution federal funding requires tough
  performance standards
• Unintended consequences localities forced to
  make huge investment to implement testing
  requirements
• Localities sue states--gt unfunded mandate
• States opting out of federal funds ( performance
  standards)