Chapter 3 Federalism Federalism Federalism in the Constitution

Chapter 3 Federalism

Federalism

Federalism in 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 in the Constitution • Why federalism? – The original states already existed at the time of the Revolution. – The states created the federal government, not the other way around. – The former colonists distrusted strong, central governments.

Federalism in the Constitution • The Constitution grants two types of powers to federal government: expressed and implied. – Expressed powers (17 of them) are found in Article I, Section 8 of the Constitution. – Implied powers are found at the end of Section 8, which grants Congress the right “To make all Laws which shall be necessary and proper for carrying into Execution” the expressed powers

Federalism in the Constitution • Article VI also says that the laws of Congress shall be “the supreme Law of the Land. ” • Known as the “supremacy clause, ” this means than when a federal and state law collide, the federal one will dominate

Federalism in the Constitution • States have significant powers, too. – Tenth Amendment – Police powers – Concurrent powers

Federalism in the Constitution • Tenth Amendment: “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 in the Constitution • Police powers – A given State has the ability regulate the health, safety, and morals of its citizens. – States also define and regulate private property. • Concurrent powers – The states and the federal government also share certain powers.

The Changing Role of the States

Federalism in 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 in the Constitution

Federalism in the Constitution • Article IV, Section 2, “the comity clause, ” guarantees that all citizens from outside a given state enjoy the “privileges and immunities” granted to all citizens of that state.

Federalism in the Constitution • Article I, Section 10, “No State shall, without the Consent of Congress … enter into any Agreement or Compact with another State” – Compacts are agreements between states to deal with issues that cross state lines, such as environmental concerns and transportation systems.

89, 527 Governments in the United States (and counting. . . )

Restraining National Power with Dual Federalism

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

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 • 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

Federalism and the Slow Growth of the National Government’s Power

Dual Federalism, 1789– 1937 • Since the New Deal, the federal government has been able to use the Commerce Clause to regulate large swaths of domestic activities. • Congress can also influence the states to enact laws by promising them federal funds to do so, or to threat to withdraw funds if they do not.

Federal Grants

Historical Trend of Federal Grants-in-Aid, * 1950– 2012

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 merit of their proposals

Cooperative Federalism • Cooperative federalism: model in which the various levels of government work together to solve policy problems, often with the federal government providing some portion of the funding, which is spent by the states or localities

Cooperative Federalism • 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

Dual versus Cooperative Federalism

Regulated Federalism and National Standards

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. • Backlash to federal preemption and unfunded mandates led to calls for devolution: transferring responsibility from federal government to state/local governments – Popular since the 1970 s – Idea led to New Federalism

Devolution: For Whose Benefit?

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; commonly “The Stimulus”) – Patient Protection Affordable Health Care Act (commonly “Affordable Health Care, ” “Obamacare”)

WHO ARE AMERICANS? Who Opposed the Affordable Care Act? CHAPTER 3

WHO ARE AMERICANS? Who is eligible for Medicaid? Who is insured? MEDICAID ELIGIBILITY UNINSURED US AVG. 35% MN 215% AR 17% TX 35% Non-elderly with incomes up to 139% of FPL Percentage of FPL 15− 39% 40− 79% MA 12% 80− 119% 40− 45% 35− 38% 25− 29% 12− 22% SOURCES: U. S. Census Bureau, www. census. gov; Kaiser Family Foundation, 50 State Comparisons, Health Coverage & Uninsured, www. statehealthfacts. org (both accessed 7/25/11); National Federation of Independent Business v. Sebelius, 567 U. S. ___ (2012). 30− 34%

WHO ARE AMERICANS? States that Challenged the ACA AL LA KY OK ND AK ME LA OR OH AZ MD ME PA OK AR MA MD RI OR CA MI MA SC PA CO MN MI SD RI CT MS MN TN SC DE MO MS TX SD DC MT MO UT TN FL NE MT VT TX GA NV NE VA UT HI NH NV WA VT ID NJ NH WV VA IL NM NJ WI WA IN NY NM WY WV IA* IA NC NY WI KS ND NC WY KY OH * Iowa is both a plaintiff and a supporter of the ACA. The attorney general filed a brief in support of the legislation while the governor, Terry Branstad, filed a motion to join the suit against it. SOURCES: U. S. Census Bureau, www. census. gov; Kaiser Family Foundation, 50 State Comparisons, Health Coverage & Uninsured, www. statehealthfacts. org (both accessed 7/25/11); National Federation of Independent Business v. Sebelius, 567 U. S. ___ (2012).

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, do you believe we should: a) b) c) Provide the federal government with more power and authority Provide state and local governments with more power and authority 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

Following this slide, you will find additional images, figures, and tables from the textbook.

E-Commerce and State Taxes

The Changing Role of the States

The Changing Federal Framework

International Trade Agreements and the States

New Federalism and State Control

Federalism Since 2000

Federalism Since 2000

Federalism

Federalism