Federalism: The Division of Power
Chapter 4
Defining Federalism
• Why is Federalism So Important?
• Decentralizes our politics
• More opportunities for citizens to participate
• Decentralizes our policies
• Gives Federal & state the choice of which
government should take care of which
problem
• States can solve the same problem in
different ways
Government Powers
(Division of Powers)
Expressed
Powers Granted
Implied
Inherent
Delegated
Powers
10th
Amendment
Reserved
Powers
Concurrent
Powers
National
Government
State
Government
Denied Both
Denied States
Denied National
Powers Denied
Government Powers
(Division of Powers)
Expressed
Powers Granted
Expressed:
Implied
Inherent
Delegated
Powers
Spelled out in the
Constitution
•Article I, Section 8
National
Government
•18 clauses giving 27
powers
•Tax
•Coin money
•Regulate trade
•Declare war
•Grant patents
Government Powers
(Division of Powers)
Expressed
Powers Granted
Implied:
Implied
Inherent
Delegated
Powers
National
Government
Not written in
Constitution, but
reasonably suggested
•Article I, Section 8,
Clause 18
•“necessary and proper”
•The Elastic Clause
•Build dams
•Highways & roads
•Determine crimes
Government Powers
(Division of Powers)
Why is the Necessary and
Proper Clause called the
elastic clause?
Government Powers
(Division of Powers)
Why is the Necessary and
Proper Clause called the
elastic clause?
Over time, it has stretched to
cover so many implied powers
Government Powers
(Division of Powers)
Expressed
Powers Granted
Inherent:
Implied
Inherent
Delegated
Powers
Not written in
Constitution, but belong
to national governments
•Regulate immigration
National
Government
•Grant diplomatic
recognition to nations
•Protect the nation
Government Powers
(Division of Powers)
Denied:
Expressly denied:
•Infringe on rights
(speech, press, etc.)
National
Government
Silence in Constitution:
•Only has delegated
powers
Denied in Federal System:
•Can’t tax states
Denied National
Powers Denied
Government Powers
(Division of Powers)
Powers Granted
Reserved Powers:
10th Amendment
•Not granted to Federal,
but not denied to states.
•Legal marriage age
•Drinking age
•Professional license
•Confiscate property
The power of the state to
protect and promote
public health, the public
morals, the public safety,
and the general welfare.
Reserved
Powers
State
Government
10th
Amendment
Government Powers
(Division of Powers)
Denied States:
Constitution denies certain
powers to state, because they
are NOT a federal
government.
•Make treaties
State
Government
•Print money
•Deny rights to citizens
Denied States
Powers Denied
Government Powers
(Division of Powers)
Powers Granted
Concurrent
Powers
National
Government
Concurrent:
State
Government
Both States and National
Deniedhave
Boththese powers
May be exercised separately and simultaneously
•Collect taxes
•Define crimes
•Condemn or take
Powers
private Denied
property for public use
Government Powers
(Division of Powers)
Denied Both:
Powers Granted
Both States and National have been denied these
powers
•Violate rights of citizens
Concurrent
Powers
National
Government
State
Government
Denied Both
Powers Denied
Government Powers
(Division of Powers)
Expressed
Powers Granted
Implied
Inherent
Delegated
Powers
10th
Amendment
Reserved
Powers
Concurrent
Powers
National
Government
State
Government
Denied Both
Denied States
Denied National
Powers Denied
The Supremacy Clause
(Article VI, Section 2)
United States
Constitution
If there is a
conflict
between a
lower law and a
higher one, the
higher one
“wins.”
Acts of
Congress
State
Constitutions
State Statues
(laws)
City and
County Laws
The U.S.
Constitution
is the
“Supreme
Law of the
Land.”
Constitution, Fed Gov’t and 50 States
Federal Govt
and State Govts
Constitution, Fed Gov’t and 50 States
Constitution
protects states
against internal
disorder/disaster
Constitution, Fed Gov’t and 50 States
FEMA
Federal Emergency Management Authority
Understanding Federalism
Figure 3.4 (1999 average: $6,734)
Constitution, Fed Gov’t and 50 States
The Types of Federalism
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
• 16th Amend- income tax
• 17th Amend- direct elec. of
Senate
- 10th Amendment
* Reserved powers
- Court reinforces – McCulloch (implied powers) & Gibbons
(interstate commerce)
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 (fed/state/local)
• States follow federal guidelines
- Marble cake
Intergovernmental Relations Today
Devolution
Intergovernmental Relations Today
• New Federalism
- During Reagan & G.W.Bush admin (1980-92)
* stronger role of states
* used block grants to move responsibility of
some programs from federal to state
decisions are closer to the people– ex.
Welfare
This is called the devolution revolution
Intergovernmental Relations Today
- Devolution Revolution – power back to states
(1994 – today)
* Unfunded Mandates Reform Act 1995 –
Congress can’t make states fund programs
Congress passes (eg: Clean WaterAct)
* Fed. Programs moved to states where the
decisions are closer to the people– eg:
Welfare
Intergovernmental Relations Today
• New Federalism (cont’)
- W. Bush Administration & Federalism
* Committed to devolution but.
* Growth of federal Govt (9-11)– eg:
Homeland Security / War in Iraq
* NCLB – underfunded mandate
Intergovernmental Relations Today
How do the states pay for these
programs?
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.
Figure 3.2
Intergovernmental Relations Today
• Fiscal Federalism
• The Grant System: Distributing the Federal
money
• Revenue Sharing: Federal State of VA receives
a % of tax money from the federal govt to use
for state projects
• Ex: national park revenues are split b/w fed and
states 50-50 to be used for national forest trail and
road repair
Intergovernmental Relations Today
• Fiscal Federalism
• The Grant System: Distributing the Federal
money
• Categorical Grants: Federal grants that can be
used for specific purposes. They have strings
attached
• Types:
• Project Grants- based on merit
• Block Grants: amount varies based on formulas
Intergovernmental Relations Today
• Fiscal Federalism
• The Grant System: Distributing the Federal
money
• Project Grant: Federal grants that can be used
for specific purposes. They have strings
attached
• Project Grants- based on merit
• Henrico County Public Schools applying to fed govt
for grant to help with school budget – maybe to bring
in more technology which is one of the federal aims
Intergovernmental Relations Today
• Fiscal Federalism
• The Grant System: Distributing the
Federal money
• Block Grants: Federal grants given more or
less automatically to support broad
programs but have some strings attached
• Grants are given to states & local
governments
• Fed govt gives VA lump sum which is to be
used to fund repairs on VA road system
Interstate Relations
About that money….
Intergovernmental Relations Today
• Fiscal Federalism
• The Scramble for Federal Dollars
• $300 billion+ in grants every year
• States sometimes compete for dollars
Intergovernmental Relations Today
• Fiscal Federalism
• The Mandates of the Federal Govt.
• Compulsory laws/regulations passed by Congress
(ADA)
• Funded mandates
• Unfunded mandates
• Underfunded mandates
Intergovernmental Relations Today
• Fiscal Federalism
The Mandates of the Federal Govt.
Funded mandates compulsory
regulation, with money to help defray
costs
Intergovernmental Relations Today
• Fiscal Federalism
The Mandates of the Federal Govt.
Unfunded mandates are requirements
on state & local governments- but no
money*
Unfunded Mandates Reform Act 1995 –
Congress can’t make states fund programs
Congress passes (eg: Clean WaterAct)
Intergovernmental Relations Today
• Fiscal Federalism
The Mandates of the Federal Govt.
Underfunded mandates have some
money but not enough to carry
out program so there is a cost to
states
Interstate Relations
About that money….
Interstate Relations
grants in aid blur line b/w fed and
state because
fed govt can act in areas the
constitution does not give it authority
to like education and mental health.
critics - this gives fed govt major voice
in making public policy on state level
The Constitutional Basis of
Federalism
States’ Obligations to Each
Other & Federal Govt
The Constitutional Basis of
Federalism
Article IV:
* Full Faith and Credit
* Extradition
* Privileges and Immunities (citizens in
every state have same rights)
*this is why colleges can charge more
for out of state student tuition
Understanding Federalism
• Advantages for
Democracy
• Increasing citizen
access to
government
• Local problems can
be solved locally
• Hard for political
parties / interest
groups to dominate
ALL politics
• Disadvantages
for Democracy
• States have
different levels of
service
• Local interest can
counteract national
interests
• Too many levels of
government- too
much money
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?