Chapter 3
President Ronald Reagan was 69 years old when he took office in
1981. During his two terms, he made it a priority to give power
back to the States. The excerpt below comes from his first
inaugural address.
“It is my intention to curb the size and influence of
the Federal establishment and to demand
recognition of the distinction between the powers
granted to the Federal Government and those
reserved to the States or to the people. All of us
need to be reminded that the Federal Government
did not create the States; the States created the
Federal Government.”
Evaluate this quotation in terms of what you know
about Federalism. 5 minutes to discuss, then write
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Wilson’s belief about Federalism (F)
F compared to other types of Government (G)
and other Western nations
State vs. Federal G – “programs”
Interest Groups
Effects of F
Founders and F
Madison and state G
1.
2.
3.
4.
5.
6.
Explain the difference between federal & centralized systems of
government, and give examples of each.
Show how competing political interests at the Constitutional Convention
led to the adoption of a federal system that was not clearly defined.
Outline the ways in which national and state powers have been interpreted
in the courts.
State the reasons why federal grants-in-aid to the states have been
politically popular, and cite what have proven to be their pitfalls.
Distinguish between categorical grants and block grants.
Distinguish between mandates and conditions of aid with respect to
federal grant programs to states and localities. Discuss whether or to
what extent federal grants to the states have created uniform national
policies comparable to those of centralized governments.
Evaluate the effect of devolution on relationships between the national and
state governments. Assess its implications for citizens as taxpayers and
as clients of government programs.
F
= Federalism
C = Constitution
G = Government(s)
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One of the basic principles embodied in the C
F arose as the Framers tried to create a
strong national government than under the A
of C. but still preserve existing state
governments.
F is a political system where the powers of
government are divided between a national G
and regional (state and local ) G.
Each level of G has certain authority over the
same territory and people.
The levels of G’s
authority, powers, and
prohibitions.
Delegated powers – expressed or enumerated
powers, those specifically given to the
national G (Articles I-V)
Although not expressed, powers that may be
reasonably inferred from the C (Article I, Sec.
8, Clause 18 – the Necessary and Proper
Clause or Elastic Clause)
Powers that exist for the
national G because the
government is sovereign.
What in the heck does sovereign mean?
Powers that belong to
both the national and
state G.
Powers belonging specifically to
the state because they were
neither delegated to the national
G nor denied to the states (Article
IV, Amendment 10)
Powers that are denied to the national G, state
G, or both (Article 1, Section 9 and 10,
Amendments)
For example, neither the national G nor state G
may pass an ex post facto law or a bill of
attainder.
What is due on
Friday?
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Please take out your book notes and put
them on the out on the table.
Be ready for your quiz by the time I am done
with attendance.
That means you need to stop talking after my
first request. If I have to ask a second time, I
will take points off your test.
 This
is not a practice.
 It will cover both your lecture
notes and text book through page
56.
Interstate Relations
Article IV of the C addresses the issue
of relationships between the states.
It offers several provisions:
States (S) are required to recognize the
laws and legal documents of other S,
such as birth certificates, marriage
licenses, driver’s licenses, wills.
Thought Question: What about gay
marriage certificates?
S are prohibited from unreasonably
discriminating against residents of other S.
Nonresidents may travel through other S;
buy, sell and hold property; and enter into
contracts (does not extent to political rights
such as the right to vote or run for political
office, or to the right to practice certain
regulated professions such as teaching).
S may return fugitives to a S
from which they have fled to
avoid criminal prosecution at
the request of the governor of
the S.
S may make agreements, sometimes requiring
congressional approval to work together to
solve regional problems. Some examples are
“hot-pursuit agreements”, parole and
probation agreements, and the regulating the
common use of share natural resources.
Thought Question: How has California worked
with other S to share water?
Article IV of the C provides national guarantees
to the S:
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Republican form of G
Protections against foreign invasion
Protections against domestic violence
Respect for the geographic integrity of S
What does this mean?
HANDOUT
Article VI of the U.S. C contains the Supremacy
Clause, which helps to resolve conflicts
between national and state laws
Because two levels of G are operating within
the same territory and over the same people,
conflicts are bound to arise.
States that the C, its laws and treaties shall be
the “supreme law of the land.”
The Supreme Court upheld this supremacy in
McCulloch v. Maryland (1819) .
And. . .
The Supreme Court expanded the powers of
Congress over interstate commerce in
Gibbons v. Ogden (1824).
HANDOUT
Freedom of Speech
In light of what is happening in the middle east
at the moment and what is the cause, do you
think that freedom of speech should always
be a right?
Five minutes to discuss, then five minutes to
write a well constructed paragraph about
your opinion.
Since the founding of the U.S., society has
changed, and F has evolved to meet the
changes and challenges.
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Earliest (1789 – 1932) interpretation of F
Views the national and state G each
remaining supreme within their own sphere
of influence.
SOUNDS CONFUSING TO ME
Dual F is often called this because each level of
G is seen as separate from the other, with the
national G having authority over national
matters and state G having authority over
state matters.
Early beliefs were that states had the sole
responsibility for educating their citizens and
the national G had the sole responsibility for
foreign policy issues.
QUESTION: What do these two issues look like
today?
If each state controlled the education of their
citizens, could education ever be equal?
A shift in the interpretation of F to that of the
national and state G sharing policy making
and cooperating in solving problems.
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As it become to be known, grew from policies
of the New Deal era and the need for the
national G to increase G spending and state G
to build the interstate highway system
beginning in the 1950’s is an example of
cooperative F.
President Lyndon Johnson expanded
cooperative F even more as his Great Society
programs required even greater cooperative
from the states in return for federal grants.
During the administrations of Richard Nixon,
Ronald Reagan, and George H.W. Bush the
national G attempted to implement a reversal
of cooperative F and place more
responsibility on the states about how grant
money could be spent.
Hmmm. . . Do you think this would be a good
thing or not? Why?
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A transfer of power to political subunits
Has been used to describe the goals of new F
Example: Welfare reform legislation, which
has returned more authority over welfare
programs to the states.
The national G directed where much of the
money should be spent in the stimulusspending bills during the first year of the
Obama administration.
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The national G’s patter of spending, taxation,
and providing grants to influence state and
local G is known today as fiscal federalism.
The national G uses fiscal policy to influence
the states through granting or withholding
money to pay for program.
You need to know these.
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Money & resources provided by the federal G
to the state and local G to be used for
specific projects or programs.
The earliest grants covered public works
projects such as building canals, roads, and
railroads.
Also land grants for state colleges.
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Grants that have a specific purpose defined
by law, such as sewage treatment facilities or
school lunch programs.
May require “matching funds” from the state
or local G.
May be in the form of project grants (awarded
on the basis of a competitive application,
such as university research grants) or formula
grants (awarded on the basis of an
established formula, such as Medicaid).
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Proposed under Johnson administration and
popular under the Nixon administration.
A “no strings attached” form of aid to state
and local G.
Could be used for virtually any project but
never exceeded more than 2% of revenues.
Eliminated under the Reagan administration.
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Requirements that are imposed by the
national G on the state and local G.
Example: American with Disabilities Act
(1990) mandates that all public buildings be
accessible to persons with disabilities.
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Mandates often require state or local
governments to meet the requirement at their
own expense (unfunded mandates).
After the mid-term election of 1994, the
Republican-controlled Congress passed the
Unfunded Mandate Reform Act, which
imposed limitations on Congress’s ability to
pass unfunded mandate legislation.