Federalism
The Constitution created a system of government in which
power is shared between a central government and the state
governments.
Delegated Powers: Powers that belong only to the federal
government. (coin money, declare war) Article I
Reserved Powers: Powers that are reserved to the states.
(regulate licenses, public education, running elections)
Tenth Amendment
Concurrent Powers: Powers that the federal government
and the state governments exercise at the same time.
(taxation)
Federalism
Federalism has evolved over the course of American
history. At different points in time, the balance and
boundaries between the national government and state
government have changed substantially.
There are three distinct periods in the evolution of
federalism:
•
Dual Federalism (1789 – 1945)
•
Cooperative Federalism (1945-1969)
•
New Federalism (1969 – Present)
Federalism
Luckily for us political scientists use cake as an example
of what these types of federalism “look” like:
Dual Federalism – Layer Cake
•
•
There are two distinct and separate
levels of government.
•
The federal government deals only
with national issues (defense,
foreign policy, commerce, mail)
•
The state governments deal with
local matters (economic regulation,
criminal law, services)
Each level of government is supreme in its own sphere
and the two should be kept separate (like the layers of a
cake).
Cooperative Federalism – Marble Cake
•
Over the past 60 years federal
and state authority have
become more intertwined.
•
State and local governments
now administer many federal
programs. (head start,
medicare and medicaid)
•
States depend on federal funds to support their own
programs.
New Federalism - Cupcakes
•
Since the early 1970’s some have argued that the federal
government has grown too powerful and that power should
be given back to the states.
•
Although there is disagreement on the details, most
support the general principle of giving power to the states.
Devolution
•
Process in which states are given power and responsibility
for some programs initiated by the federal government.
•
Aid to Families with Dependent Children (AFDC) is funded
by the federal government but the states have the power
to decide exactly how to distribute the benefits in their
states.
•
This idea is championed most by conservatives who rail
against “big government”.
Federalism in Practice
•
Money plays a key role in the federal government’s
relationship to the states.
•
Since the Great Depression and the New Deal states have
come to rely even more on this money and the federal
government relies on states to administer its programs.
•
This practice is called fiscal federalism.
Grants-in-Aid
Refers to the federal government giving money to the states
for a particular purpose. There are two general types:
•
Block Grants: money given for a fairly broad purpose
with few strings attached.
•
Categorical Grants: Money given for a specific purpose
that comes with restrictions concerning how the money
should be spent (strings attached).
Strings Attached
Refers to the tactics used by the federal government to
compel the states to follow its policies and guidelines.
•
Applying Pressure: Threats to withhold funds from
disobedient states (drinking age fight in mid-1980’s).
•
Mandates: Federal government (Congress) orders
states to take certain actions (obey laws). If states don’t
take those actions they don’t receive funding.
•
Unfunded Mandates: Congress orders states to take
certain actions (obey laws) but provides no funding
(Americans with Disabilities Act).
•
Preemption: Because of the Supremacy Clause federal
laws take priority over state laws. The national
government can override state laws if there is a
compelling national interest.
Pro’s and Con’s of Federalism
Pro’s:
•
Fosters state loyalties: Because states have powers all
their own citizens feel closely connected to their states.
•
Practices Pragmatism: Each state is unique and state and
local government can more efficiently respond to unique
local issues.
•
Laboratories of Democracy: State governments can
experiment with policies and other states and the federal
government can learn from their success and failures.
•
Political Stability: By removing the federal government from
some contentious policy areas federalism allows the
government to achieve and maintain stability.
Pro’s and Con’s of Federalism
Pro’s:
•
Encourages pluralism: Allows citizens multiple points of
access and influence in government (local, state, national).
•
Ensures separation of powers and prevents tyranny: Even
if one person or group (faction) took control of all three
branches of the federal government federalism ensures
that state governments would still function independently
(Federalist #10 and Federalist #51).
Pro’s and Con’s of Federalism
Con’s:
•
Prevents creation of national policy: The United States
often doesn’t have a single policy on issues; it often has
51 policies. (marijuana, gay marriage)
•
Leads to a lack of accountability: The overlap of
responsibilities makes it hard to assign blame or find the
roots of failure in policies.
•
Citizen Ignorance: Since most Americans know very little
about their state and local governments and turnout in
these elections is typically less than 25%, citizens often
ignore the level of government that has the greatest
ability to affect their lives.