Defining Federalism What Is Federalism Federalism Organizing a

Defining Federalism • What Is Federalism? • Federalism – Organizing a nation so that two or more levels of government have formal authority over the same land people; the division of power between the national government and state governments

The Constitutional Basis of Federalism • The Division of Power • Supremacy Clause – Article VI of the Constitution states the U. S. Constitution, laws of Congress, and treaties are supreme. • Tenth Amendment – “The powers not delegated to the U. S. by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. ”

The Constitutional Basis of Federalism • Establishing National Supremacy • Implied Powers - Mc. Culloch v. Maryland (1819) ruled Congress had implied powers in addition to its enumerated powers; a state cannot tax a bank of the United States (federal gov. has implied power to create a bank) • Commerce Power - Gibbons v. Ogden (1824) defined commerce very broadly to encompass virtually every form of commercial activity.

The Constitutional Basis of Federalism • Establishing National Supremacy (cont. ) • The Civil War – Militarily the national government asserts its power over the Southern states’ claim of sovereignty. • The Struggle for Racial Equality – Brown v. Board of Education (1954) outlawed segregation in the public schools.

The Constitutional Basis of Federalism • States’ Obligations to Each Other • Full Faith and Credit – Article IV, Section I of Constitution requires each state to recognize the public acts, records, and judicial proceedings of all other states.

The Constitutional Basis of Federalism • States’ Obligations to Each Other (cont. ) • Extradition - Article IV, Section II of Constitution requires a state to surrender a person charged with a crime to the state in which the crime is alleged to have been committed.

The Constitutional Basis of Federalism • States’ Obligations to Each Other (cont. ) • Privileges and Immunities – Article IV, Section II of Constitution requires states to give citizens of each state the privileges of citizens of other states.

Intergovernmental Relations Today • From Dual to Cooperative Federalism • Dual Federalism – A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.

Intergovernmental Relations Today • From Dual to Cooperative Federalism (cont. ) • Cooperative Federalism – A system of government in which powers and policy assignments are shared between states and the national government. • Standard operating procedures of cooperative federalism - Shared costs, federal guidelines, and shared administration.

Intergovernmental Relations Today • Devolution – Transferring responsibility for policies from the federal government to state and local governments. • State and local governments are mostly responsible for handling crime, welfare, and education.

Intergovernmental Relations Today • Fiscal Federalism – Pattern of spending, taxing, and providing grants in the federal system. • Federal grants to state and local governments have grown rapidly and now amount to more than $600 billion per year. • Grants increased in 2010 and due to the stimulus package.

Intergovernmental Relations Today • Fiscal Federalism (cont. ) • The Grant System: Distributing the Federal Pie ($600 billion) • Categorical grants (project grants and formula grants) can be used for specific purposes and have strings attached. • Block grants support programs in community development and social services; have few restrictions attachedgive states greatest flexibility

Intergovernmental Relations Today • Fiscal Federalism (cont. ) • Scramble for Federal Dollars – Grant distribution ($600 billion yearly) is universalism; a little something for everybody. • Mandates - Mandates direct state governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant