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Chapter 3
Federalism
Federalism in the Constitution
The word federalism is absent from the Constitution!!Yet it is explained in detail:
1. Guarantees states equal representation in the Senate2. Makes states responsible for both state and national elections3. Virtually guarantees the continuation of each state4. National government is required to protect states against
violence and invasion5. Supremacy Clause (Article VI) 6. Judges in every state are specifically told to obey the US
Constitution even if their state constitutions or state laws directly contracts it
7. Reserved Powers (10th Amendment)
States Obligations to Each otherArticle IV of the Constitution1. Full Faith and Credit (Article IV) requires states
to give credit to public acts, records, and civil judicial proceedings of every other state
2. Extradition almost all criminal law is state law; states are required to return a person charged with a crime in another state to that state for trial or imprisonment
3. Privileges and Immunities prohibits states from discriminating against citizens of other states (exceptions are college tuition, state elections)
Powers of the Government Inherent:
Enumerated:
Reserved:
Implied:
Denied:
How is federalism is addressed in America’s History?
Establishing National Supremacy:Four Key events have largely settled the issue of how national and state powers are related
Implied Powers (Article 1 Section 8: clause 18)
-- McCulloch V. Maryland, 1819
http://www.oyez.org/cases/1792-1850/1819/1819_0/ Supremacy of the national government over states National government has certain implied powers that go
beyond its enumerated powers Congress has the power to “make all laws necessary and
proper for carrying into execution the foregoing powers” Necessary and proper clause is like a rubber band
(flexible—elastic clause) I.e. Regulate food and drugs, build interstate highways,
protect consumers, clean up dirty air and water, etc.
Commerce Power: (Article I Section 8) Congress regulates interstate and
international commerce
Gibbons V. Ogden defines commerce very broadly to encompass virtually every form of commercial activity
http://www.oyez.org/cases/1792-1850/1824/1824_0
U.S. V. Lopez restricts interstate commerce for US government
http://www.oyez.org/cases/1990-1999/1994/1994_93_1260/
All implications for federalism
Civil War: What is about slavery or federalism? 1861-1865
Settled federalism and settled slavery
Struggle between states and national government
Struggle for Racial Equality Brown V. Board of Education, Topeka, Kansas Supreme Court held that school segregation was
unconstitutional Conflict between states and national government
over equality issues was decided in favor of the national government
National standards for racial equality prevailed
Types of Federalism Dual V. Cooperative Fiscal
Cooperative Federalism at work 1958 Congress passed the National Defense Education
Act Blurred federalism by supporting public elementary and
secondary education Before this, states controlled education 1965 Elementary and Secondary Education Act gave
federal aid to numerous schools
Standard operating procedures:
1. Shared costs
2. Federal guidelines
3. Shared administration
Fiscal Federalism Pattern of spending, taxing, and providing grants in the
federal system Grants-in-aid, federal funds appropriated by Congress for
distribution to state and local governments are the main instrument the national government uses for both aiding and influencing states and localities
The Grant system-distributing the federal pie You should know the following types of grants: VOCAB
--Categorical Grants --Formula Grants--Mandates --Block Grants
The Scramble for Federal $ $350 million in federal grants dispersed a year to states and
localities Mandates: requirements that direct states or local
governments to comply with federal rules under threat of penalties or as a condition or receipt of a federal grant
Problems with mandates: Problems occur when Congress passes a law creating financial obligations for the states but provides no funds to meet those obligations
Examples: Americans with Disabilities Act, Clean Air Act, No Child Left Behind Act
Federalism and DemocracyAdvantages More participation in
politics Increases access to
government
Disadvantages States differ in
resources they can devote to services like public education
The sheer number of governments can be a burden
(87,000 in the USA)
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