Chapter 3 Federalism Federalism Federalism and the Constitution
- Slides: 41
Chapter 3 Federalism
Federalism
Federalism and the Constitution • Federalism: a system in which the national government shares power with lower levels of government • The United States Constitution divides power between the federal and state governments.
Federalism and the Constitution • Federalism is distinct from a unitary system. • Unitary system: all the power resides within the national government. – Lower levels of government have little independent power. – Lower level governments can be dissolved at the discretion of the central government.
Federalism and the Constitution • The Constitution grants two types of power to federal government: expressed and implied. • Expressed powers are found in Article I, Section 8, of the Constitution. – The 17 expressed powers include the power to collect taxes, to coin money, to regulate commerce among the states, and to declare war, among others.
Federalism and the Constitution • Implied powers: Article I, Section 8 ends by granting Congress the right “To make all Laws which shall be necessary and proper for carrying into Execution” the expressed powers. – Known as the “necessary and proper” clause; gives Congress the freedom to create laws that expand the expressed powers
Federalism and the Constitution • National supremacy: Article VI of the Constitution says that the laws of Congress shall be “the supreme Law of the Land. ” – National law will always prevail over state law when a conflict exists.
Federalism and the Constitution • States have significant powers, too. – Tenth Amendment (reserved powers): “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. ”
Federalism and the Constitution • The scope of reserved powers is vast, including: – Police powers – Regulations including health, safety, and morals (formally “coercive powers”) – States also define and regulate private property. • Concurrent powers: powers shared with the federal government
Federalism and the Constitution • Full faith and credit clause: Article IV, Section 1 – Requires states give “full faith and credit” to each other’s “public Acts, Records, and judicial Proceedings. ”
Federalism and the Constitution • The comity clause: Article IV, Section 2 – Guarantees that all citizens from outside a given state enjoy the “privileges and immunities” granted to all citizens of that state
State Obligations to Each Other
89, 527 Governments in the United States (and counting…)
Dual Federalism, 1789– 1937 • Dual federalism: a constitutional interpretation that gave the federal government exclusive control over some issues and states exclusive control over others. • The federal government was small and dealt primarily with foreign affairs and commerce. – Internal improvements, like roads and canals – Tariffs (taxes on imports), patents, currency
Dual Federalism, 1789– 1937 • States performed the majority of governing over citizens’ day-to-day lives. – Property law – Civil law (marriage, divorce, adoption) – Criminal law • Dual federalism allowed states to experiment with policies. – Very different sets of rights from state to state
Dual Federalism, 1789– 1937
Dual Federalism, 1789– 1937 • It took more than 150 years for the federal government to extend its power over the domestic sphere. • A series of Supreme Court decisions produced these fundamental shifts. – Mc. Culloch v. Maryland – Gibbons v. Ogden
Dual Federalism, 1789– 1937 • States’rights: principal that states should oppose increasing authority of national government in state matters – Rooted in Tenth Amendment – Powerful argument before the Civil War – Invoked frequently in opposition to extending constitutional rights to African Americans prior to Civil War and into the 1960 s – Today remains relevant on a wide range of issues
Dual Federalism, 1789– 1937
The New Deal • The New Deal – President Herbert Hoover viewed The Great Depression as a matter for state/local governments to address. – President Franklin D. Roosevelt sharply disagreed. – FDR implemented many federal programs to support economic security and recovery.
The New Deal
The New Deal • Grants-in-aid (categorical grants) – Funds provided by federal government to state or local government for a specific purpose – New Deal expanded to include social programs – Includes competitive project grants • State and local governments compete for funds based on the merit of their proposals.
The New Deal • The Supreme Court and federalism post-1937 – Changed position on Tenth Amendment by supporting extensions of national power – Many of these extensions related to the “welfare state” that began with the New Deal
Cooperative Federalism • The expansion of national power diminishes the old paradigm of dual federalism. • Cooperation between state and national governments replaces dual federalism. • Morton Grodzins cake analogy – Dual federalism as layer cake – Cooperative federalism as marble cake
Cooperative Federalism
Cooperative Federalism • Regulated federalism – With increased funding, the federal government demanded higher standards and stricter uses for funds. • Preemption – The principal that allows national government to override state/local actions in certain policy areas – Occurs when state/local actions do not agree with national requirements
Cooperative Federalism • Congress dramatically increased unfunded mandates: rules forcing states to spend their own money to comply with federal law. • Devolution: transferring responsibility from federal government to state/local governments – Popular since the 1970 s – Idea led to New Federalism
New Federalism • New Federalism: Nixon and Reagan efforts to devolve many policies back to the states – Block grants – General revenue sharing – Smaller federal spending and interference • Reagan cut federal aid to states by 12 percent. – The idea was to remove federal government, as much as possible, from local matters governed by the states.
The Rise, Decline, and Recovery of Federal Aid
Regulated versus New Federalism
Federalism Since 2000 • The balance between the federal government and the states is constantly evolving. • National and state concerns since 2000 – Real ID Act – No Child Left Behind (NCLB) – American Recovery and Reinvestment Act (ARRA; common “The Stimulus”) – Patient Protection Affordable Health Care Act (common “Affordable Health Care, ” “Obamacare”)
There is No Simple Answer to Finding the Right Balance
Public Opinion Poll The role of the national government has changed significantly from the Founding era to the present. Do you think it is possible for the United States —given its large geographic space, population, and influence on the rest of the world—to have a smaller government? a) Yes b) No
Public Opinion Poll Considering the current distribution of power and authority between the federal government and state and local governments, we should: a) provide the federal government with more power and authority. b) provide state and local governments with more power and authority. c) maintain the current distribution of power and authority between governments.
Public Opinion Poll Which level of government do you believe is best able to protect the liberty, equality, and rights of all its citizens? a) b) c) d) State government Federal government Local government A combination of the three
Public Opinion Poll In the coming years, do you believe the power and authority of the state government will increase, remain the same, or decrease? a) Increase b) Remain the same c) Decrease
Public Opinion Poll In the coming years, do you believe the power and authority of the federal government will increase, remain the same, or decrease? a) Increase b) Remain the same c) Decrease
Chapter 3: Federalism • Quizzes • Flashcards • Outlines • Exercises wwnorton. com/we-the-people
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