FederalismFederalismUNIT IIUNIT II

Federalism: Division of Federalism: Division of PowerPower

FEDERAL GOVTFEDERAL GOVT STATE GOVTSTATE GOVT

Governmental systemsGovernmental systems

Unitary system:Unitary system:

Strong central power: Sets uniform policy for Strong central power: Sets uniform policy for nation, states (if they exist) have little power. nation, states (if they exist) have little power.

Examples: Japan, Great Britain, China Examples: Japan, Great Britain, China

CENTRAL CENTRAL GOVERNMENTGOVERNMENT

STATES

CITIZENS

Governmental systemsGovernmental systems

Confederation:Confederation:

Local/State government has almost complete control, no Local/State government has almost complete control, no significant national policies. Examples: Confederate significant national policies. Examples: Confederate States of America, BelgiumStates of America, Belgium

CENTRAL GOVERNMENT

STATE STATE

CITIZENSCITIZENS

What is Federalism?What is Federalism?

• Common Definition:Common Definition:

– A system in which government / power A system in which government / power is divided between is divided between national national and and state state government.government.

Governmental systemsGovernmental systems

Federal System:Federal System:

Mix of state & national governments. Fed govt trumps Mix of state & national governments. Fed govt trumps state in matters of defense & foreign policy, but states state in matters of defense & foreign policy, but states

have a great deal of say in other policy areas.have a great deal of say in other policy areas.

CENTRAL GOVERNMENTSTATE

STATE

CITIZENSCITIZENS

Types of FederalismTypes of Federalism• Dual (TWO): (1790 – 1930)Dual (TWO): (1790 – 1930)

– Layer Cake metaphorLayer Cake metaphor– State and Federal Governments State and Federal Governments

work independent of each other work independent of each other (both powerful, but separate)(both powerful, but separate)

– Federal government has final sayFederal government has final say– Over time, lines became blurredOver time, lines became blurred

• Cooperative: (1930 – 1960)Cooperative: (1930 – 1960)– Marble Cake metaphorMarble Cake metaphor– Country needed national Country needed national

government to control & fix government to control & fix problems (Great Depression & the problems (Great Depression & the New Deal)New Deal)

– State and Federal government State and Federal government work togetherwork together

Types of FederalismTypes of Federalism

• Creative Federalism: (1960-1980) Creative Federalism: (1960-1980) – Picket-Fence MetaphorPicket-Fence Metaphor– SShift more power towards the national government by

bypassing state governments (states lose power)– Allow the federal government direct control over

statewide programs– ““Creative” used $ “grants” to force compliance Creative” used $ “grants” to force compliance

(Johnson’s Great Society)(Johnson’s Great Society)

STATE

FEDERAL

EducaTio n

Welfare

Highways

Libraries

LOCAL

Types of FederalismTypes of Federalism

• New Federalism (1981 – 2006)New Federalism (1981 – 2006)– President Ronald ReaganPresident Ronald Reagan– Move more power to states (try to balance it out)Move more power to states (try to balance it out)– ““Block grants”: fed govt gives states $ for programs, Block grants”: fed govt gives states $ for programs,

but leaves specifics to the statesbut leaves specifics to the states

• Today?Today?– ““Bush” FederalismBush” Federalism– War on Terror = More power to federal governmentWar on Terror = More power to federal government– ““No Child Left Behind” (2002) = More power to federal No Child Left Behind” (2002) = More power to federal

government (Education traditionally under state/local government (Education traditionally under state/local power)power)

Federalism todayFederalism today

• Debate still rages…Debate still rages…• Example: Hurricane Katrina…Who was to blame?Example: Hurricane Katrina…Who was to blame?

• Federal? Federal Emergency Management Agency Federal? Federal Emergency Management Agency (FEMA) Michael D Brown(FEMA) Michael D Brown

• State? Louisiana Governor Kathleen BlancoState? Louisiana Governor Kathleen Blanco• Local? New Orleans Mayor Ray NaginLocal? New Orleans Mayor Ray Nagin

Federalism todayFederalism today

• Do we expect the federal government to Do we expect the federal government to handle all of our problems? Should it? handle all of our problems? Should it? What responsibility do the states have?What responsibility do the states have?

• Example: U.S. response to the ebola virusExample: U.S. response to the ebola virus

• Party lines…traditionallyParty lines…traditionally

DemocratsDemocrats: strong federal government (to : strong federal government (to protect individual rights & affect change)protect individual rights & affect change)

RepublicansRepublicans: state’s rights, local control, : state’s rights, local control, small federal governmentsmall federal government

Federalism todayFederalism today

• Not so clear…Not so clear…

President George W. Bush, RepublicanPresident George W. Bush, Republican• Government spending expanded Government spending expanded (not seen (not seen

since the days of President Johnson, a Democrat)since the days of President Johnson, a Democrat)• Reasons?Reasons?

1) The war in Iraq.1) The war in Iraq.2) Homeland security issues following the attacks on the 2) Homeland security issues following the attacks on the USA on 9/11 (2001).USA on 9/11 (2001).3) The expansion of the Medicare program.3) The expansion of the Medicare program.4) The No Child Left Behind Act passed by Congress 4) The No Child Left Behind Act passed by Congress (2001).(2001).5) The Wall Street and banking collapse (2008) $700 5) The Wall Street and banking collapse (2008) $700 billion bailoutbillion bailout

Federalism todayFederalism today

Increasing federal $ to states: GRANTSIncreasing federal $ to states: GRANTS

•Domestic agenda: American Jobs ActDomestic agenda: American Jobs Act

$500 million in grants to community colleges for $500 million in grants to community colleges for training & workforce development (technology training & workforce development (technology fields).fields).

State community colleges submit proposals to State community colleges submit proposals to receive grant $.receive grant $.

Powers Powers DelegatedDelegated by the by the Federal GovernmentFederal Government

• Expressed: Expressed: - Defense of the U.S.: Declare war- Defense of the U.S.: Declare war

– Lay and collect taxesLay and collect taxes

– Coin money: Anything that deals with moneyCoin money: Anything that deals with money

– Establish post offices and post roads (Interstate Establish post offices and post roads (Interstate Freeways)Freeways)

– Award copyrights and patentsAward copyrights and patents

– Treaties with foreign nationsTreaties with foreign nations

– Establish courts inferior to the Supreme CourtEstablish courts inferior to the Supreme Court

• Implied: Elastic Clause, Laws seen as “Necessary and Implied: Elastic Clause, Laws seen as “Necessary and Proper” Proper”

Powers Powers reserved reserved to the to the StatesStates

• Police Power / National GuardPolice Power / National Guard• Marriages licenses Marriages licenses • CourtsCourts• Tax Tax LocalLocal Goods and Commerce Goods and Commerce• Creation of public school districtsCreation of public school districts• Guarantees each state Guarantees each state twotwo members in the U.S. members in the U.S.

Senate and at least Senate and at least oneone in the House of in the House of Representative Representative

• ““Reserved Power Clause”Reserved Power Clause”- Power to laws - Power to laws not expressed not expressed by the by the constitutionconstitution

- States have the ability to create laws - States have the ability to create laws regarding:regarding:

- health, safety, morals- health, safety, morals

Concurrent PowersConcurrent Powers“Powers Shared”“Powers Shared”

• Tax, spend and borrow money Tax, spend and borrow money (for the general welfare)(for the general welfare)

• Establish CourtsEstablish Courts• Make laws (general welfare) Make laws (general welfare) • Take private property with Take private property with

compensation compensation • Create a banking systemCreate a banking system

State vs. FederalState vs. Federal• Very similar to each otherVery similar to each other

– State is on a much smaller scaleState is on a much smaller scale

• ConstitutionsConstitutions– Every state has a constitution Every state has a constitution

which establishes the legal and which establishes the legal and political framework for government.political framework for government.• Alabama’s is 172,000 words long (25 Alabama’s is 172,000 words long (25

times that of the US Constitution)times that of the US Constitution)• Vermont is shortest at 7,000 wordsVermont is shortest at 7,000 words• Utah’s is at 18,000 words Utah’s is at 18,000 words

– Provide method to amend Provide method to amend – Varies from state to stateVaries from state to state

• 3 branches of Government3 branches of Government

The StatesThe StatesGovernor = Top DogGovernor = Top Dog

• Highest elected state Highest elected state officialofficial

• Authority mainly Authority mainly confined to state mattersconfined to state matters

• Launching pad for Launching pad for presidents (23)presidents (23)

• Most states have 4 year Most states have 4 year termsterms– Vermont and New Vermont and New

Hampshire only serve 2 Hampshire only serve 2 yearsyears

• Modeled after Modeled after presidencypresidency

Gary Herbert - Rep

Roles in State and Local Roles in State and Local GovernmentsGovernments

• Legislative Role:Legislative Role:– Creates the lawsCreates the laws– Submits budget for yearSubmits budget for year

• Executive Powers:Executive Powers:– Outlined in constitutionOutlined in constitution

• Varies from state to stateVaries from state to state

– Declare a State of emergency Declare a State of emergency • Send National Guard Send National Guard

– State of State addressState of State address

State LegislaturesState Legislatures

• Similar to Federal Similar to Federal – Bicameral Bicameral

• State Senate and House of RepsState Senate and House of Reps• Utah: 104 MembersUtah: 104 Members

– 29 Senators / 75 Representatives29 Senators / 75 Representatives

• Makes laws regarding the health, Makes laws regarding the health, safety, and morality of the people: safety, and morality of the people: – Health care, abortion, marriage (shared), Health care, abortion, marriage (shared),

local taxes, drugs and alcohol (shared), local taxes, drugs and alcohol (shared), environmental (shared), state prison environmental (shared), state prison systems, State holidays, medical use of systems, State holidays, medical use of Marijuana, speed limits, cell phone laws, etc.Marijuana, speed limits, cell phone laws, etc.

Average States Budgeting Average States Budgeting • EDUCATION: 40%EDUCATION: 40%

– Public and University tuition.Public and University tuition.– # of days in schools, Civics, statewide tests# of days in schools, Civics, statewide tests

• ROADS AND HIGHWAYS: 15% ROADS AND HIGHWAYS: 15%

• HEALTH Care/ WELFARE: 15% HEALTH Care/ WELFARE: 15% – sick and unemployedsick and unemployed

• LAW ENFORCEMENT: 15%LAW ENFORCEMENT: 15%– Highway patrol, National Guard, etc.Highway patrol, National Guard, etc.

• CONSERVATION: 5%CONSERVATION: 5%– State parks, regulating hunting and fishing.State parks, regulating hunting and fishing.

• Interest / Other: 3% - 10%Interest / Other: 3% - 10%

Controversial TopicsControversial TopicsWith FederalismWith Federalism

• Unequal school funding between rich and poor statesUnequal school funding between rich and poor states Utah last place spending for each student: $6,206 (2012)Utah last place spending for each student: $6,206 (2012) National average: $10,608National average: $10,608 Highest: New York $19,552Highest: New York $19,552

• States compete for new residences / businessesStates compete for new residences / businesses Tax breaks to entice businesses Tax breaks to entice businesses Adobe building new technology campus in Lehi (1,000 new Adobe building new technology campus in Lehi (1,000 new

jobs in 20 jobs in 20 years), $40.2 million tax credityears), $40.2 million tax credit

• Louisiana: Duck Dynasty gets $70,000 per episode to film in Louisiana: Duck Dynasty gets $70,000 per episode to film in statestate

• The Lone RangerThe Lone Ranger Utah scenery: computerized back-dropsUtah scenery: computerized back-drops Filmed primarily in New MexicoFilmed primarily in New Mexico Utah offered 20% tax credit (3.7 million)Utah offered 20% tax credit (3.7 million) New Mexico – 30% New Mexico – 30%

Powers Powers DeniedDenied to the to the StatesStates

• Tax items exported from Tax items exported from any other stateany other state

• Grant titles of nobilityGrant titles of nobility• Declare warDeclare war• Coin moneyCoin money• Enter into treaties, Enter into treaties,

alliances, or alliances, or confederationsconfederations

• Keep troops or ships of Keep troops or ships of warwar

• Ex post facto LawEx post facto Law– States can not go back and States can not go back and

charge someone of a crime charge someone of a crime if at the time there was no if at the time there was no law forbidding that act. law forbidding that act. • Ex. Slavery reparationsEx. Slavery reparations