Federalism
Chapter 3
Evaluate
the federal response to
Hurricane Katrina?
It is viewed today as a massive
failure do you agree with this
statement or disagree?
Defining Federalism

What is Federalism?
– Definition: A way of organizing a nation so that
two or more levels of government have formal
authority over the land and people.

Intergovernmental Relations– Definition: The workings of the federal system-
the entire set of interactions among national,
state and local governments.
Defining Federalism
Unitary
Confederate
Federal
Central
Holds primary
Limited powers
authority
regarding states
Regulates activities
of states
Shares power with
the states
State
Little or no powers Sovereign
Regulated by
Allocate some
central government duties to central
government
Shares power with
the central
government
Citizens
Vote for central
government
officials
Votes for both state
& central officials
Vote for state
government
officials
From Table 3.1
11 countries out of 190 have a
Federalsim System
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Argentina
Australia
Austria
Brazil
Canada
Germany
India
Malaysia
Mexico
Switzerland
United States
Defining Federalism

Why is Federalism So Important?
– Decentralizes our politics
 More opportunities to participate
– Decentralizes our policies
 Which government should take care of which
problem?
 States can solve the same problem in different ways.
Examples of State & Gov
Power

Regulation of Railroads
 Labor Laws
 Minimum Wage
 Same Sex Marriage
 21 to drink . . . (MADD)
•Candy Lightner – lost daughter in 1980 to
drunk driver
Lobbied to pass the legal drinking age to
21 (Federal govt withheld federal highway
funds)
The Constitutional Basis of
Federalism

The Division of Power
– The U.S. Constitution
– Laws of Congress
– Treaties
– State Constitutions
– State Laws
Cases where Federal Power
trumps State Power

1976 National League of Cities v. Usery =
minimum wage was decided by states
 1985 Garcia v. San Antonio Metro =
Congress stepped in and made this a
national issue
 Late 1980’s National Guard Training
(State Militia)
The Constitutional Basis of
Federalism: Ways the
National Govt. has Gained
Power

Establishing National Supremacy
– Implied Powers
– Commerce Powers
– The Civil War
– The Struggle for Racial Equality

McCulloch v. Maryland = 1819 Maryland
wanted to tax the 2nd bank of the US 15,000 a
year for its business (they hated Hamilton and
his bank)
 Elastic Clause . . . Congress can do what it
wants if its in the best interest of the Country ?
– Food
– Water
– Healthcare? . . . . .. . ……………hmmmmm
– Pollution
Commerce Power
 Gibbon’s
v. Ogden = 1824
– Interstate commerce
– 1995 United States v. Lopez =
Said that the Federal Gun Free
Zone Law passed in 1990
Congress overstepped their
power
Racial Equality

Plessey v. Fergusson = 1896 Separate but
equal was ok
 1954 Brown v. Board of Education =
School segregation . . . Unconstitutional
The Constitutional Basis of
Federalism

States’ Obligations to Each Other
– Full Faith and Credit
– Extradition
– Privileges and Immunities
Intergovernmental Relations
Today

Dual Federalism
– Definition: A system of government in which
both the states and the national government
remain supreme within their own spheres, each
responsible for some policies.
– Like a layer cake
– Ended in the 1930’s
– Foreign & Military policy, postal and monetary
systems
Intergovernmental Relations
Today

Cooperative Federalism
– Definition: A system of government in which
–
–
–
–
powers and policy assignments are shared
between states and the national government.
Shared costs
Shared administration
States follow federal guidelines
Control = schools, law enforecement, & road
building (Texas Rangers anyone?)
Intergovernmental Relations
Today

Fiscal Federalism
– Definition: The pattern
of spending, taxing,
and providing grants in
the federal system; it is
the cornerstone of the
national government’s
relations with state and
local governments.
– 1862 = Land Grant
colleges? A&M?
Figure 3.2
Intergovernmental Relations
Today

Fiscal Federalism continued:
– The Grant System: Distributing the Federal Pie
 Categorical Grants: Federal grants that can be used
for specific purposes. They have strings attached
– Project Grants- based on merit
– Formula Grants: amount varies based on formulas


Block Grants: Federal grants given more or less
automatically to support broad programs.
Grants are given to states & local governments
Intergovernmental Relations
Today

Fiscal Federalism continued…
– The Scramble for Federal Dollars
 $300 billion in grants every year
 Universalism- a little something for everybody
– The Mandate Blues
 Mandates are the “strings” attached to federal
money
 Unfunded mandates are requirements on state &
local governments- but no money
Understanding Federalism

Advantages for
Democracy

Disadvantages for
Democracy
– Increasing access to
– States have different
government
– Local problems can be
solved locally
– Hard for political
parties / interest groups
to dominate ALL
politics
levels of service
– Local interest can
counteract national
interests
– Too many levels of
government- too much
money
Understanding Federalism
Figure 3.4 (1999 average: $6,734)
Understanding Federalism

Federalism and the Scope of Government
– Which level of government is best able to solve
the problem?
– Which level of government is best able to fund
solutions to the problem?
Internet Resources

Federal Grant search
 Issues of federal-state relations
 Statistical Abstract
 Council of State Governments
 Discussion of Federalist Papers