III - Federalism Flashcards
federalism
A way of organizing a nation so that two or more levels of gov’t have formal authority over the same area & people
Why did Framers select federalism for the new nation?
Strong loyalty to individual states
US was vast & population spread out over large area
Unitary system
Power is in the hands of fed gov’t
Confederation
almost all power is with the states & federal gov’t is weak
Countries with unitary system
China
Saudi Arabia
Spain
Intergovernmental relations
Interaction & dealing between federal, state, and local gov’‘t
In a federal system the central & state gov’t
Oftentimes share power
Expressed powers
Powers granted to national gov’t by Constitution
Implied Powers
Powers not specifically stated, but justified by “necessary and proper” clause
Concurrent powers
Powers that national & state gov’t share
Reserved powers
Powers kept for states (10th Amendment)
10th Amendment
States kept all powers not explicitly forbidden by Constitution
Reserved powers examples
Regulate intrastate commerce
Organize local gov’‘t
Responsible for state & federal elections
Ratify Constitutional Amendments
Enumerated Powers examples
Declare war Enter into treaties Coin money Tax interstate trade Grant titles of nobility
Amendments have expanded
Power of the federal gov’t
13th- prohibit slavery
14th - deny equal protection of law
15th- 19th - deny vote because of race or gender
Fed gov’t duty to states
Can’t divide states
Must protect states from invasion
Concurrent powers examples
Levy taxes
Maintain law & order
Establishing courts
Legislate
Supremacy clause is located in
Article VI, Clause II
Supremacy clause states
Federal laws supersede state laws
There has been a tug of war over
whether state or federal gov’t should govern or legislate on different issues
Examples of tug of war
Civil War raised question of state vs federal authority
Fight for racial equality -> Little Rock Nine
Immigration
Marijuana
Enumerated powers is listed in
Article I, Section VIII
Implied powers are derived from
Elastic clause
Elastic clause
Allows Congress to make laws that are “necessary and proper” to carry out its enumerated powers
Elastic clause in action
Hamilton & Congress created the BUS
McCulloch v Maryland
SCOTUS ruled the creation of the national bank was constitutional
Impact of McCulloch v Maryland
Congress has implied powers necessary to implement its enumerated powers
supremacy of Constitution
Federal laws over state law
Loose Construction
Broad interpretation of Constitution
Commerce Clause
Constitution gives Congress the power to regulate commerce
Gibbons v Ogden
Ruled Congress could control interstate commerce
Huge debate about proper role of gov’t regulation of money
Gilded Age -> limited regulation/ increased calls for economic regulation
Progressive Era -> Laws against monopolies, child labor, city services, environment, etc.
New Deal: expansion of regulatory power
Late 1980’s: restriction of congressional regulatory power
US v Lopez (1995)
Ruled Congress cannot use commerce to make possession of gun in a school zone a federal crime
10th Amendment states
“Powers not delegated to the US by Constitution, nor prohibited by it to the states, are reserved to states respectively, or the the people”
Strict construction
If it’s not in the Constitution, it can’t be done
Advocates of states’ rights argue that
10th amendment gives national gov’t only those powers specifically granted to it in Constitution
SCOTUS ruled that the 10th Amendment does not mean
States are above federal gov’t
Marshall Court established
Federal supremacy
Cases in Marshall Courts
Marbury v Madison
McCulloch v Maryland
Gibbons v Ogden
Full Faith and Credit Clause
States must honor the acts, records, & proceedings of other states
Issues around the Full Faith and Credit Clause
Defense of Marriage Act that allowed states not to honor LGBT marriages in other states
Legalized marijuana
Extradition
States required to return a person accused of a crime in another state to that state for trial and/or possible imprisonment
Privileges & Immunitites Clause
Prohibits a state from discrimination against residents of another state
Issues around Privileges & Immunitites Clause
States colleges can charge higher tuiton to out-of-state students
Power has gradually shifted from states to
federal gov’t
Dual federalism is like
Layer cake
Dual federalism
State & federal gov’t each have their own separate spheres of authority
Federal power interpreted narrowly
Cooperative federalism is like
Marble cake
Cooperative federalism
Federal gov’t & states share spheres of power/ responsibilities
US has transitioned from a dual federalism to a
cooperative
Examples of cooperative federalism
National Defense of Education Act
Interstate Highway Act
Federal gov’t shares costs by
providing federal dollars that is typically attached to federal guidelines
Republicans
Tend to favor a weaker national gov’t
Favor state power
Democrats
Tend to favor a stronger national gov’t to address social & economic issues
Cooperative federalism was most prominent during
New Deal (1930s) Great Society (1960s)
Devolution
Shifting of power & responsibilities of policies from the central gov’t to states & local gov’t
Devolution was most prominent after
the election of Reagan in 1980
Republicans increasingly expanded
Role & power of federal gov’t
Examples of expansion of fed power
No Child Left Behind - 2001
DOMA - 1996
Fiscal federalism
Distribution of federal grants
Key component of cooperative federalism
Two main types of federal grants
categorical grants
Block grants
Categorical grants
Can only be used by states for specific purposes
Categorical grants are significant because
federal gov’t can influence policy
Crossover sanction
Withholding money unless states change their policy
Crossover sanction example
Typing highway funding to increasing drinking age to 21
Crosscutting requirements
Condition on a federal grant is extended to all activities supported by federal funds
Crosscutting requirements example
A university discriminates in its athletics program could lose federal aid for all its programs
Two types of categorical grants
Project grants
Formula grants
Project grants
Most common
Awarded on basis of competitive application
Formula grants
Federal money distributed based upon a formula (# of recipients, income, etc.)
Block grants
federal money given to states that only specifies the policy area in which money could be used (education, healthcare, etc.)
Rush for federal money
Lawmakers & lobbyists attempt to secure federal dollars
Mandates
Requirement that states must provide certain services as a condition of receiving federal funds
Unfunded mandates
Requirements placed on states by the federal gov’t that are not funded
Pro of federalism: More opportunities for participation
More levels of gov’t create more opportunities for civic engagement
Pro of federalism: Decentralizes policy
Allows voters in different areas to choose representatives that will promote their interests at both the state & federal level
Con of federalism: Preventing national majorities
Local interests can stop national policies supported by a majority of Americans
Preventing national majorities examples
Southern states during civil rights movement
Con of federalism: Increased bureaucracy
Lots of governments
Con of federalism: Disparity in services & spending b/t states
Wide spectrum of resource allocation in different regions
What is at the heart of the debate over balance of power between national & state gov’t?
Interpretation of 10th/ 14th Amendments
Commerce clause
Necessary & proper clause
Enumerated/ implied powers
