Federalism

• Federalism: shared powers between the federal government and the states governments

• Supremacy Clause (Art. VI, Sec. 2): “This Constitution…….shall be the supreme law of the land.”

• 10th amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” (reserved powers)

Federalism

• Necessary and Proper, or elastic, clause: gives Congress the authority to pass any laws necessary to carry out the powers and duties that are enumerated in Article I, Section 8—outlining the powers of Congress

Do you think the following are justifiable extensions of Congress’ powers?

• Example: Congress gives licenses to broadcasters to play music on the radio.

• Answer: Article 1, Section 8, Clause 3 justifies this. It gives Congress the power to regulate interstate commerce. Broadcasting is a business, therefore broadcasters are practicing commerce. Airwaves cross state lines, so it involves interstate commerce.

Do you think the following are justifiable extensions of Congress’ powers?

1. Congress sets a federal minimum wage2. Congress establishes the U.S. Air Force3. Congress establishes national parks4. Congress creates federal laws against pollution5. Congress makes laws regarding discrimination in

employment6. Congress decides that televisions should have V-

chips that enable parents to block certain shows7. Congress passes the Gun-Free Zones Act prohibiting

anyone from possessing a firearm in a school zone

McCulloch v. Maryland, 1819

• The Court, under Chief Justice John Marshall, ruled against the state of Maryland, thereby reinforcing the supremacy of the national government

–What were the issues in this case? What were the arguments on each side? How did the elastic clause play a role?

Federalism• Article IV (relations among the states):

– Full Faith and Credit Clause: requires each state to formally recognize the documents and judgments handed down in other states

– Extradition: states must return (extradite) fugitive criminals arrested in one state to the state in which the crime was committed for prosecution

– Privileges and immunities clause: citizens of each state are treated equally with citizens of other states in respect to advantages resulting from citizenship in those states.

Dual Federalism1790-1930

(aka “Layer Cake Federalism”)

Dual Federalism

• Each level of government has distinct responsibilities that do not overlap– Medicare and social security are exclusively

federal programs with no state involvement

Cooperative Federalism1930s – Present

(aka “Marble Cake Federalism”)

Cooperative Federalism• Levels of government share responsibilities

– Shared costs: to receive federal aid, states must pay for part of a program (ex. Medicaid)

– Federal guidelines: to receive funding, state programs must follow federal rules and regulations (No Child Left Behind; Race to the Top)

– Shared administration: though programs must adhere to basic federal guidelines, they are administered according to the state’s directives (ex. Medicaid)

Fiscal Federalism--Grants-in-Aid

• Categorical grants– Make up more than 80 percent of all aid to state

and local governments.– Federal funding to states for specific purposes,

with lots of strings attached. States can take it or leave it. (ex. highway funds contingent on drinking age)

– Ensures state compliance and policy uniformity (all states doing the same thing in the area of the legislation)

Grants-in-Aid

• Examples of categorical grants– Unemployment insurance – Federal Highway Funds– Medicaid (matching grant)

Grants-in-Aid• Block grants

– Small percentage of grants-in-aid– Federal funding provided to states in chunks or

“blocks” with only broad purpose defined.– States have greater flexibility with respect to use

of federal funds.– Example: Community Development (housing, anti

poverty programs); Social Services (child abuse prevention, mental health); Energy Efficiency, etc.

Mandates

• Direct orders to state governments to do something (mandate)

• Little to no funding by the federal government; all or most funding comes from state governments. (unfunded mandate)

• Examples of unfunded mandates:– Clean Air Act– No Child Left Behind (partially funded)– Americans with Disabilities Act (ADA)

Advantages of Federalism

• More opportunities for citizen participation in government

• Greater citizen access to government• Differences of opinion can be reflected in

different policies in different states• Reduces decision-making at federal level,

which could be overwhelming

Disadvantages of Federalism

• Resources are not distributed evenly, resulting in different quality of services (education, welfare, etc.)

• Local interests can sometimes thwart national interests (ex.: civil rights)

• Too many levels of government can be costly and inefficient. Can lead to voter fatigue.

(app. 87,000 government entities)