AP US
GOVERNMENT
Federalism
Presentation Outline
1)Advantages and Disadvantages of
Federalism
2) Factors increasing federal government
power at the expense of the states
3) States’ Obligations to Each Other
4) Different Types of Federalism
5) Fiscal Federalism: Grants in Aid
1. ADVANTAGES AND
DISADVANTAGES OF
FEDERALISM
Federal-State Relations
◦ Constitution makes National Government
Supreme
◦ But what the national government may
do legally is not the same thing they
want to do politically.
◦ 11/190 States have federalism
◦ Sovereignty is shared
Advantages
◦ Recognizes local interests and differences
◦ More points of access to policy
◦ Enhances judicial power to solve issues b/t fed and state govs.
◦ States try new policies
◦ Check on federal government power
◦ Prevents secession
◦ Good for large, diverse country
◦ Stronger national defense.
Disadvantages
◦ Policies not uniform
◦ Protects powerful local interests
◦ Greater chance of corruption on the local
level.
◦ Economic disparity across states
◦ Unequal representation in governments.
Check out the
disparities in
wealth across
the US
Unlike
Canadian
provinces,
each state
has
jurisdiction
over its own
criminal law
American Federalism
◦ Restrictions on States’ powers
◦ Coining money, treaties, bill of attainder, ex
post facto
◦ Federal government guarantees
◦ Republican state governments, admitting new
states, uniform taxes, travel state to state, “full
faith and credit” with respect to other state’s
laws, extradition, Elastic Clause: Necessary and
proper for carrying out congress’ powers.
2. FACTORS INCREASING
FEDERAL GOVERNMENT
POWER AT THE EXPENSE
OF THE STATES.
Implied Powers
◦ McCulloch v. Maryland (1819)
◦ Created a national bank to print money, make loans, etc..
◦ Jefferson, farmers, state legislatures .
◦ Maryland tried to tax bank in 1818.
◦ Baltimore branch (McCulloch) refused to pay the tax
◦ John Marshall: “Power to tax is the power to destroy”
◦ States don’t have that power.
◦ Using the elastic clause (necessary and proper) congress has
the power to create a bank -> federal government supreme
◦ Therefore, National government has enumerated and implied
powers over the states.
◦ Regulate food and drugs, build highways, protect
consumers, clean up dirty air and water.
Commerce Power
◦ Gibbons v. Ogden (1824)
◦ NY gave Ogden exclusive navigational rights, federal gave Gibbons
a license.
◦ Gibbons won due to interstate commerce clause.
◦ Defined very broadly.
◦ 1800’s courts ruled congress cannot regulate local businesses,
changed during Great Depression. Interpretation is becoming
narrower.
◦ US v. Lopez (1995): Fed Gun-Free School Zones Act of 1990
forbidding firearms in public schools exceeded congressional
authority.
◦ US v. Morrison (2000) ruled against 1994 Violence Against
Women Act because no economic activity.
◦ Seminole Tribe of FL v. FL (1996) SC declared 11th Amendment
prohibited congress from using interstate commerce to revoke
states immunity from lawsuits by private parties.
Struggle for Racial Equality
◦Brown v. Board of Education (1954)
led to increased federal power.
◦Nullification: States cannot declare
federal laws unconstitutional
◦States are not the Supreme Court!
3. STATES’ OBLIGATIONS
TO EACH OTHER
Full Faith and Credit
◦ States must recognize official documents and civil
judgments of other states.
◦ Congress passed Defense of Marriage Act, allowing
states to disregard gay marriages.
◦ But states must recognize other states licenses.
Extradition
◦ Alleged criminals surrendered to state where
crime was committed.
Privileges and Immunities
◦ Cannot discriminate against citizens of other
states
◦ Exceptions:
◦ Out-of-state tuition
◦ Only citizens of a state can vote there
◦ Saenz v. Roe (1999) California could not require
a new resident to wait a year before becoming
eligible for welfare benefits that exceeded
those from which the resident came.
4. DIFFERENT TYPES OF
FEDERALISM
Dual (Layer Cake) Federalism
(1789-1930)
◦ Federal Government supreme in its sphere.
◦ Art 1-4, 6.
◦ States Supreme in their sphere
◦ Art 4, 10th Amendment
◦ Shared Powers
◦ 10th
◦ Each level sovereign in its own region
◦ But Federal government becoming stronger to
implement:
◦ 13th, 14th, 15th Amendments
Marble Cake Federalism
(Cooperative) 1930’s-1960’s
◦ Fed interfering in local.
◦ Fed provides funds
◦ States administer
◦ 1930’s Examples:
◦ Federal Department Insurance Corporation
(FDIC)
◦ Civilian Conservation Corps
Creative Federalism (1960s)
◦ Federal Gov and States share costs
◦ Guidelines, rules, funds-federal gov
◦ Shared financial and administrative
responsibilities for some programs
◦ Examples:
◦ Medicare
◦ Medicaid
◦ War on Poverty
◦ Civil Rights
Competitive Federalism (19701980)
◦ AKA New Federalism
◦ Nixon and Reagan
◦ If no compliance
◦ Penalties
◦ Equal Opportunities Act (1982): civil or criminal
penalties
◦ States to develop their own programs
◦ Restrictions on other program
◦ Crossover requirements
◦ States have to do something in return for the money
◦ Emergency highway Energy Conservation Act of 1974
5. FISCAL FEDERALISM:
GRANTS IN AID
Grants-in-Aid
◦ Began before the Constitution was written
◦Land Grants in the early 1800’s
◦Cash Grants have increased
enormously since 1808
Education
grants
Grants Continued
◦ Why is federal money attractive to states?
1.
The money was there.
◦
Federal government had a surplus
2. The federal government’s income tax.
◦
Great tool for public financing….
3. Federal government had control over the mint
◦
Could print money whenever they felt like it.
4. Politically “free” money for the states.
◦
States could get the federal government to be
their sugar daddy.
Grants Continued
◦ Grant Effects
◦ Ballooning National Debt
◦ States budgets became dependent on federal
money.
◦ 1960’s Federal Government began telling states
what to do with the money.
◦ $ to poor, crime, pollution, drug abuse.
◦ States could not break away from the money.
Different Types of Grants
◦ Categorical Grants: money used for a specific purpose,
determined by federal law.
◦ States were , states could not adapt them to local use.
◦ Two types: project (applications from indiv and states), formula
(welfare).
◦ Block Grants: Several categorical grants lumped together.
◦ Only 16 now. Welfare Reform 1996
◦ Revenue Sharing: 1972-1986… Provided funding in areas with no
requirement from the states to match funds.
◦ Ended Because
◦ The amount of money did not grow very fast.
◦ Federal government did attach strings.
◦ Congress and the Bureaucracy loved categorical grants…
enhanced federal control over states.
Block Grants
1. Operational Grants to run things
1. Ex: To create a federally funded child care
program.
2. Capital Grants to pay for things
1. To build a waste management plant.
3. Entitlement Grants for shifting money
1. Medicare and Social Security.
Block
Grants
2 Kinds of Federal Control
1. Mandates
◦
Usually for civil rights and environment.
◦ Seems good, but some mandates are
written vaguely… leading to issues.
◦ Examples
◦ American with Disabilities Act 1990
◦ No clear cut definition of “equal
access”
◦ US SC has increased this power
◦ School Desegregation
Fed Control continued…
2. Conditions of aid: States don’t want the
restrictions… don’t take the money
◦ 1/4th of a states income came from the fed. Gov.
◦ Facing different demands.
◦ Fed gov and states each want different stuff.
◦ 1960’s Washington favored its needs over the states.
◦ Because of weak political parties, growth of
interest groups, increased activism in the courts.
A Devolution Revolution
◦ 1994, Republicans began shifting power from
national to state governments.
◦ This process has led to…
◦ Second-order Devolution: Power from States to
local.
◦ Third-order Devolution: From local to non-profit
and private organizations.
Why Devolution?
◦ 3 Reasons
1. Belief in devolution.
◦ People distrust the federal government
to respond to the people’s needs.
2. The reality of the deficit
◦ Republicans in 1994 wanted to fund
entitlement programs through block
grants and make major cuts.
3. Views of Americans
◦ Most Americans favor cuts in theory, but
not practice.
What keeps federalism alive?
◦ Several factors keep federalism alive in US.
◦ Weak Party System
◦ Political parties used to be strong. Dems voted as
a block.
◦ Not any more.
◦ Congress sees itself as representatives to
Washington.
◦ Will represent their constituencies.
◦ So many levels all have their own ideas.
◦ Gov vs. Mayor vs. School vs. Union
◦ Social diversity
◦ The Poor prefer a strong federal government/
whereas the Rich prefer stronger local
governments