Federalism

Definition: political system with local government units, besides national one that

can make final decisions regarding some governmental activities and whose existence

is protected

Governmental StructureFederalism v Unitary System

• Federalism

– Political system

– Local government can make decision and be protected

• Unitary System

– Local government depends on the national government

Federalism• a decentralization of government

– a “sharing of the wealth” + government power.

• Distribution of power. – Delegated

• INHERENT – all gov’t possess• Expressed -- Stated specifically • Implied (Makes expressed powers work)• Concurrent - shared power. • reserved - states rule•

Under Federalisms

• Federal government has power over

• Economic issues

• Military

• Defense

• State government has power over issues that deal with

• Social

• Moral

• family

Positives and Negatives• Negative view

– Blocks progress and protects powerful local interest

• Positive view– Contributes to government

strength• Political flexibility• Fosters individual liberty

– Federalist Papers # 10 • Small political units allow

all relevant interest to be heard

• Different political groups with different political purposes come to power in different places

• Lowers the cost of political organization at the local level

National PowersNational Powers

State PowersState Powers

Social Security Patriot Act

Naturalization

Health CareEducation

Discrimination

IRS

commerce

LicenseGay marriage

Immigration enforcement

Elections

The Constitution

• 9th Amendment– Enumerated powers

• 10th Amendment• All power not given to the national government • Any power not prohibited to the states

– Reserved to the states and the people

• Article I, section 8– Congress can make the necessary and proper laws to

carry out its enumerated powers

Categorical Grants v. Revenue Sharing

• Categorical grants are for specific purposes defined by federal law; they often require local matching funds.

• Block grants (the Welfare Reform Act is an example) were devoted to general purposes with few restrictions—states preferred block to categorical grants.

• Revenue sharing requires no matching funds and can be spent on almost any governmental purpose.

Federal Aid and Federal Control

• Condition of aid– What must be done if state receives aid

• Drinking age 21

• Mandates– Federal rule– State and local government have little o no

say • Americans with Disabilities Act• Civil Rights Act

• Hamilton's view: – national supremacy since Constitution

supreme law

• Jefferson's view:– states' rights with the people as ultimate

sovereign

McCullogh v. Maryland.

• 1819

• banking issue

• set forth the “elastic clause” that gave the Congress the Necessary and Proper powers (implied powers) to enact policies to run the country!

McCulloch v. Maryland

• Could Congress charter a national bank– Yes

• The power is not in the Constitution• “Necessary and Proper Clause”

• Could states tax the national bank– No

• “The power to tax is the power to destroy”• National power supreme

Increasing National Power

• Gibbons v. Ogden (1824)– Commerce issues

• All intercourse between states• created "dual federalism."

– Dual federalism = bath national and state governments are supreme in their own spheres

• Today this is extinct

• Heart of Atlanta Motel v. US (1964)– Commerce clause

• Upheld the Civil Rights Act of 1964

What about the State Powers?

• By the late 20th century– 10th Amendment had little relevance

• Lopez v US (1995)– What happen?

• Federalism Video