What is Federalism?
• A way of organizing a nation so that two or more
levels of government have formal authority over
the land and people.
Review Questions
• Which of the following is viewed as an
advantage of the many governments
that characterize American
federalism?
•
Having various levels of government, federal, state, and
local, allows for the government to experiment with new
policies on small scales before they bring it to large
scale. I.E. Race to the Top
TYPES OF POWERS RECAP
POWER
DEFINITION
EXAMPLE
Enumerated/
(Expressed)
Powers
Those the Constitution specifically
grants to the federal government
borrow & make money, declare
war, make treaties, judicial
review
Implied (Elastic/
N& P Clause)
Those powers suggested by the
expressed powers, something
needed to be done in order to carry
out an expressed power
National bank, the draft
Inherent
Powers that naturally belong to any
government of a sovereign nation
Immigration, maintain borders
Reserved
states have authority over matters not Public schools, Business within
present in the Constitution
the state, Elections, Est local
gov’t
Concurrent
powers shared by the Federal
taxation, make laws, establish
government and state governments in courts
the Constitution
Types of Federalism/Eras
Dual Federalism:
• Interpretation that limits powers to both
national and state governments.
• Sometimes referred to as layer cake
federalism where there are clear
divisions between "layers" or levels of
government.
• With dual federalism there is a strict
definition of federal, state and local
responsibilities.
• Tends to lean towards national
supremacy.
1789 1920s
Types of Federalism/Eras
Cooperative Federalism:
• A system in which national, state, and
local governments interact cooperatively,
working jointly to solve common
problems, rather than making policy
separately.
• Federalism is a marble cake in which all
levels of government are involved in a
variety of programs.
• Shared costs & administration
• States follow federal guidelines
• Tends to favor states rights.
1930s 1960s
Review Question
• Supreme Court Case, Gibbons v.
Ogden
• Defined interstate commerce as,
commercial activity and federal
authority
The Constitutional Basis of
Federalism
Establishing National
Supremacy
Implied Powers
Commerce Powers
The Civil War
The Struggle for Racial
Equality
States’ Obligations to
Each Other
•Full Faith and Credit
•Extradition
•Privileges and
Immunities
• Full Faith and Credit Clause
• That all states must recognize the
•
laws, judicial proceedings, and
regulations of other states
This has been a point of contention
with same sex marriage
Review Questions
• As originally ratified, the US
Constitution included provisions
designed to...?
• Increase the economic powers of the
central government
Types of Federalism/Eras
Fiscal Federalism:
• The pattern of spending, taxing, and
providing grants in the federal system
• 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.
Categorical vs. Block
Categorical grants
One form of aid from federal
to state and local
government
Grant finances particular
policies
No state or local discretion
Administered by federal
agencies
Block Grants
•Form of aid from federal to
state and local government
•Grant finances broad array
of policies
•Substantial state and local
discretion
•Administered at state level
•Advocated by Republican
Presidents
Types of Federalism/Eras
Fiscal Federalism:
• $300+ billion in grants every year
• Universalism- a little something for
everybody
• Mandates are the “strings” attached
to federal money
• Unfunded mandates are
requirements on state & local
governments - but no money
• States can petition for waivers
Review Question
• In the 1800’s, the federal government
compelled the states to raise their
drinking age by?
•
The federal government created grants that threatened
to withhold funds, specifically highway funds.
o Example of Federal governments way to “force”
states to comply
Types of Federalism/Eras
New Federalism:
• New federalism originated in the early
1970s with the Nixon administration's
Republican efforts to return federal
administrative power to state
governments
• Later led to Reagan’s devolution
(returning control to the states).
• Supported by Supreme Court decisions,
striking down federal laws/regulations
that infringe on states' rights
1970s today
Review Questions
• Which aspect of fiscal federalism did
Congress challenge with legislation
after the Republican Revolution?
• Republicans = less federal
government = more states rights
• IE. Having mandates that are not
funded.
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?
TYPES OF GOV RECAP
Unitary
Confederate
Limited powers
regarding states
Federal
Central
Holds primary
authority
Regulates activities
of states
State
Little or no powers
Sovereign
Regulated by central Allocate some duties
government
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
Shares power with
the states
The Constitutional Basis of
Federalism
Division of Power
The U.S. Constitution
Laws of Congress
Treaties
State Constitutions
State Laws
Advantages?
Primary advantages of state
control
Federal ideal – diverse states provide
real choices
Promotes competition across states
Revitalizes state government –
governments only improve if stakes
are high
Grassroots problem solving – involves
local communities, tailored to local
problems
Reduces federal bureaucracy
Primary advantages of federal
control
•Equity: benefits from education or
social security not dependent on
where you live
•Economies of scale (one
bureaucracy instead of fifty)
•States cannot redistribute
(competition for productive firms and
workers creates incentives to reduce
social welfare spending)
•Many states have limited partisan
competition
•Many states are dominated by
narrow economic interests