Power to the States?

• A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).
• A system where national and state governments each have defined powers, with some being shared by both and some being denied to both.

• Shared resources
• States know needs of people
• Allows unity without uniformity--one state’s needs are not another--Florida doesn't need help clearing snow
• Protects against a runaway federal government
• Encourages experimentation
• Allows states to administer federal programs
• Allows states to cooperate with each other
• Equalizes financial resources between rich and poor states

• National Scope of Many Problems
• Dependency of the states on federal funds
• Unequal distribution of wealth within the states
• Inability of states to deal politically with some problems
• Statements of power to the national government in the Constitution
– General welfare clause
– Commerce Power
– Defense of nation
– Necessary and proper clause

• States cannot
– Enter into treaties
– Coin money
– Impair obligation of contracts
– Cannot enter into compacts with other states without congressional approval
• Congress cannot
--Favor one state over another in regulating commerce
--Cannot lay duties on items exported from any state

• Education laws
• Marriage Laws
• Voting and election laws
• Property laws
• Public Safety Laws
• Welfare of citizens
• Regulation of intrastate trade and business
• Establishment of local units of government
• Collection of state taxes

• Federal and state governments are co-equals, each sovereign
• Narrow interpretation of the Constitution
• Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, foreign affairs)
• State have greater role and powers (ex: public education, race relations)

What does dual federalism have in common with a layer cake?

• National government clearly supreme over the states with wide interpretation of the
“necessary and proper clause” (Article I,
Sect. 8 of the Constitution, also known as the
“elastic clause.”)
• Federal government intervenes or assists in some areas traditionally left to the states (ex: education, health care, civil rights)
• Began with the New Deal in the 1930’s

What does cooperative federalism have in common with marble cake?

• New Federalism
– Federal / state relationship proposed by
Reagan administration during the 1980
– Returned administrative powers to the state governments
– Reagan Revolution

• The Devolution Revolution
– Contract with America
– Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Welfare Reform)

The Supreme Court: A Return to States’
Rights?
• From New Deal to 1980s: Court has generally expanded national authority at the expense of the states.
• Beginning in 1980s : Court interpretations altered
– Willingness to allow Congress to regulate in a variety of areas waned
– Webster v. Reproductive Health Services
– Planned Parenthood of Southeastern Pennsylvania v.
Casey (1992)
– U.S. v. Lopez (1995)
– Bush v. Gore 2000

• A method to redistribute income, to remove gross inequality among states and its people
• Categorical Grants
• Project Grants
• Block Grants

• Direct Orders
– required by feds. Or face fines and cut-off funding-e.g. cleanup the water & air, end discrimination
• Cross cutting requirements
– Sets conditions before aid is granted
• hire minorities in proportion to the population on a federal highway project
• Cross Over Sanctions
– Money is given on one program based on conditions of another
• Raise the drinking age to 21 or federal highway money will be cut off

• Preemption
– Federal regulations negate and supersede state regulations
• No Child Left Behind (NCLB)
• Unfunded Mandates
– Require states to follow federal regulations without the federal government providing the revenues
• Federal law now prohibits unfunded mandates courtesy of The Contract with America

• Conservatives
– Would lessen federal control over states
– Want no unfunded mandates
– Think states are more sensitive to their citizen's needs
– Think there will be less administrative costs
– Like block grants--Let the states do what they want with the money
– Let states administer federal programs--e.g.Medicare,
Medicaid, welfare, food stamps
– Believe in Reaganism, favor New federalism

• Liberals
– Don't think states have the resources or the willingness to do the job
– Think the federal government is the watchdog for compliance for federal regulations-OSHA, clean air, water
– Think states lack expertise
– Think states are parochial and don't care about the needs of the nation
– Don't think states will raise the necessary revenues through taxes

– Think states will be unbalanced in what they can provide their citizens--rich and poor states have different resources (different tax bases)
– Think states are dominated by conservatives
– Favor categorical grants with strings attached
– Favor The Great Society-federally controlled social programs (Medicare, American with Disabilities Act,
1965 Voting Rights Act)