Chapter Three Section 1 Federalism Governmental Structure Federalism

Chapter Three Section 1 Federalism

Governmental Structure • Federalism: a political system where local government units can make final decisions regarding some governmental activities and whose existence is protected • Unitary System: local governments are subservient to the national government Copyright © Houghton Mifflin Company. All rights reserved. 2

Chapter Three Section 2 Federalism

Federalism Over Time • Dual federalism (Dual Sovereignty? ): Both national and state governments are supreme in their own spheres, which should be kept separate • Hard to make distinctions between state and federal spheres; distinctions between them were blurred • The Supreme Court has become the ultimate final judge of the balance between states’ rights and the national government Copyright © Houghton Mifflin Company. All rights reserved. 4

Mc. Culloch v. Maryland 1819 • John Marshall – Chief Justice • Could Congress charter a corporation? Yes, even though this power is not explicitly in the Constitution (Necessary and Proper Clause) • Could states tax the national bank? No, because Federal government derives power from PEOPLE NOT THE STATES, and “the power to tax is the power to destroy” • Enumerated powers could be ‘interpreted’: bank power found in money/tax/borrow powers • SUPREME COURT GETS TO INTERPRET!! Copyright © Houghton Mifflin Company. All rights reserved. 5

NULLIFICATION The legal theory that a U. S. State has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional. Copyright © Houghton Mifflin Company. All rights reserved. 6

State Sovereignty • State constitutions can be more detailed • States’ constitutions may provide for direct democracy rather than a Republic – Initiative – Referendum – Recall • Police Power – can do what is not prohibited by the Constitution or preempted by federal policy, and that is consistent with its own constitution – are also responsible for public education, law enforcement, criminal justice, health, roads, public welfare, and use of public lands Copyright © Houghton Mifflin Company. All rights reserved. 7

Municipalities • Cities, towns, counties, and districts have no Constitutional protections. They exist at the pleasure of the state government. – Municipal Corporations • Dillon’s Rule: Express, Implied, or Essential – General Act Charter – Special Act Charter • Home-Rule Charter Copyright © Houghton Mifflin Company. All rights reserved. 8

Chapter Three Section 3 Federalism

Federal Aid and Federal Control • • Categorical grants Mandates Block Grants Revenue Sharing Copyright © Houghton Mifflin Company. All rights reserved. 10

Federal Aid and Federal Control • Categorical grants for specific purposes defined by federal law; often require local matching funds (90/10) – Conditions of aid: tell state governments what they must do if they wish to receive grant money Copyright © Houghton Mifflin Company. All rights reserved. 11

Federal Aid and Federal Control • Mandates: federal rules that states or localities must obey, generally have little or nothing to do with federal aid – Environmental – Civil Rights (Voting Rights Act, ADA) • Race, religion, gender, origin, disability – Educational? (NCLB) • Legislative or Judicial • Recent court cases have limited mandates Copyright © Houghton Mifflin Company. All rights reserved. 12

Grants in Aid Required broad congressional coalitions with wide dispersion of funds, because every state had incentive to seek grant money • Leads to – Special Interest Effect – Intergovernmental Lobbying – Pork barrel spending • earmarks – Log rolling Copyright © Houghton Mifflin Company. All rights reserved. 13

Devolution • Devolution initiatives returned program management to the states, with some federal guidelines, but there is no guarantee of federal support • Devolution proponents harbor a deep-seated ideological mistrust of federal government and believe that state governments are more responsive to the people • Deficit politics encouraged devolution • Devolution is supported by public opinion, but the strength of that support is uncertain Copyright © Houghton Mifflin Company. All rights reserved. 14

Block Grants and Revenue Sharing • Block grants (sometimes called special revenue sharing or broad-based aid) devoted to general purposes with few restrictions—states preferred block to categorical grants – Operational, Capital, and Entitlement – Cities (CDBG), Law Enforcement (LEAA), Social Programs (CETA): Unemployment and Welfare (AFDC) • Revenue sharing (GRS) requires no matching funds and can be spent on almost any governmental purpose. – Determined by statistical formula Copyright © Houghton Mifflin Company. All rights reserved. 15