Federalism

Defining Federalism

•What is Federalism?

–Definition: A way of organizing a nation so that two or more levels of government have formal authority over the land and people.

•Intergovernmental Relations-

–Definition: The workings of the federal system- the entire set of interactions among national, state and local governments.

•Why is Federalism So Important?

–Decentralizes our politics

•More opportunities to participate

–Decentralizes our policies

•Which government should take care of which problem?

•States can solve the same problem in different ways.

•Advantages

–Accommodates regional, ethnic, language diversity

–Allows policy innovation and experimentation at state level

–Allows polices to be tailored for local needs

–More democratic because it provides more access

•Disadvantages

–Difficulty to assess accountability of government

–Complexity can be inefficient; policy making proceeds slowly

–Moral questions and differences in resources

–Has led to power struggle between national government and states

The Constitutional Basis of Federalism

•Division of Power

–Supremacy Clause, Article VI

•“This Constitution, and the Laws of the United States . . . and all Treaties made . . ., shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

•This means that any federal law overrules any conflicting state law.

Supremacy Clause

The Constitutional Basis of Federalism

Delegated - Concurrent - Reserved Powers

The Constitutional Basis of Federalism

•Establishing National Supremacy

•McCulloch v. Maryland (1819)

–Implied Powers

–Supremacy Clause

•Nullification Crisis

•The Civil War

•The Struggle for Racial Equality

•14^th Amendment

•McCulloch v. Maryland (1819)

–Sect. of Treasury, Alexander Hamilton wanted to establish a National Bank.

–Constitution does not say anything explicitly about being able to do this.

–Congress created the 1st Bank of the US in 1791, giving it a 20 year charter.

– Chartered again as the Second Bank of the US in 1816.

–State and local bankers did not like this at all and so with the help of the state of Maryland tried to put it out of business, by taxing the bank heavily.

•McCulloch v. Maryland (1819)

–Dispute reached the Supreme Court in the case of McCulloch v Maryland (1819).

–Chief Justice Marshall ruled in favor of the national govt.

•argued that the national gov’t had the right to establish a national bank through the powers to tax, borrow money and regulate interstate commerce.

•means that it was an implied power stemming from the Necessary and Proper clause. Meant that state could not interfere.

•This helped to reinforce the Supremacy of the national govt.

•McCulloch v. Maryland helped to increase the strength of the national govt.

•Nullification Crisis (1828)

–Senator John Calhoun of South Carolina led this movement and created what is called the "nullification doctrine"

–This declared that each state had a Constitutional right to nullify (void) a national law.

– This contradicted past interpretations of the Supremacy Clause which gives the national govt. the last word.

–Calhoun argued that the US was in fact a confederacy and the national govt. got its power from the states.

–South Carolina tried to defy US government by declaring Tariff Act of 1828 null and void in SC

•Civil War

–Civil war was about the issue of states rights and whether the national govt. had power over the states.

–Union wins the Civil War and Federalism is restored.

–Several important things came from the end of the Civil War.

•Theory of Nullification was destroyed

•Adopted the 13th, 14th and 15th Amendments to limit states' power.

–1. 13th Amendment eliminated slavery, in all states (takes away states’ former right to allow slavery).

–2. 14th Amendment --intent was to grant full US citizenship to former slaves

–3. 15th Amendment takes away state authority to deny the right to vote based on race, color or previous enslavement. (i.e. gave African-American men the right to vote & is a limitation on state power to run elections)

•States still found ways to discriminate but will talk about later.

•14^th Amendment (1868)

•privileges and immunities clause - no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US

•due process clause - no state shall deprive any person of life, liberty, or property without due process of law (but this is the clause that's the basis for incorporation & expansion of federal powers)

•Federal government has used to limit powers of the states since the 1950s

–To force states to comply with and enforce civil rights and most of the civil liberty guarantees included in the Bill of Rights

•States’ Obligations to Each Other

–Full Faith and Credit

–Extradition

–Privileges and Immunities

–Same Sex Marriage?

•Goodridge v. Massachusetts Department of Public Health (2003)

•Vermont's landmark Civil-union Law

•Lawsuits in New Jersey and California

The Constitutional Basis of Federalism

–Same Sex Marriage?

•Sept 22, 2003 survey

•Same-Sex Marriage Views

• Legal Illegal

•All 37% 55%

•Age 18-34 51 46

•65 and Over 20 69

•Democrats 47 45

•Independents 44 47

•Republicans 23 73

•Married 28 63

•Not Married 48 47\

Intergovernmental Relations Today

•State-Centered Federalism (1787-1868)

–Because the national gov’t. was still being established while the states had already been in existence.

–Period of major conflict since states and Federal gov’t were still trying to establish their authority and and their relationship with each other.

•Dual Federalism (1868 – 1913)

–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

–Each perceived as owning specific jurisdictions.

•Cooperative Federalism (1913-1964)

–New Income Tax (16th) amendment enriches Uncle Sam

–Series of national crises: WW I, Great Depression, WW II, Cold War

–States ask federal government for help and get help

–New social welfare programs

–Marble cake (division of labor no longer as clear)

•Centralized Federalism (1964 - 1980)

–more and more power to the federal government at the states’ expense

–characterized by broad social programs - Johnson’s Great Society

•the time of large growth in grants-in-aid: money given by the federal government to state and local governments

•federal government takes, wins, grabs, given more and more power through broader interpretations of the “commerce clause” and the 14^th Amendment

•New Federalism (1980 - 1985)

–Republicans long promised (since 1970) to roll back the power, size, and taxing powers of the federal government and return some of the power to the state governments

–supposed to be a roll-back in size of federal government

•lower federal income taxes on the better off

•less money for federal government means roll back in grants-in-aid

•Coercive Federalism (1985 - )

–since 1985, however, it appears that the federal government gained new powers over what state and local governments do

–carrots & sticks - tools in nationalization since 1930s

•carrots: grants-in-aid — federal money given to state & local governments

•sticks: mandates, unfunded mandates, conditions on aid, preempetion

Federal Grants to the States

•sticks:

–- preemptive legislation - federal laws that assert national government=s prerogative to control public policy through

•the supremacy clause, commerce clause, 14^th Amendment

–mandates B when the federal government demands state or local governments carry out certain policies - often with

•possible legal penalties for non-compliance

–- Clean Water Act B EPA sued City of San Diego to

–force it to build a new multi-million dollar sewage treatment plant

•- state government have claimed these are unfunded mandates - orders to do stuff without providing any extra money for state and local governments

–state and local governments then end up raising state and local taxes

Strings on Aid

•Grants-in-aid – may require state or local governments to comply with federal law in order to receive aid

•Cross-over sanction – sometimes federal gov’t threatens to cut off or reduce aid

–Did so with drinking age in 1984

Understanding Federalism

•Advantages for Democracy

–Increasing 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

•State Welfare Benefits

Understanding Federalism

•Spending on Public Education

Understanding Federalsm

•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?

Understanding Federalism

•The Public Sector and the Federal System