Chapter 3Federalism

• Essential Question:– How is power divided between the national

government and the states under the U.S. Constitution?

Federalism – what are the rules??• The Founders weren’t sure – Hamilton wanted

national supremacy, Jefferson wanted states rights

• 10th Amendment seemed to say the federal government could only do what the Constitution said it could

• But what of the “necessary and proper” clause which seemed to give the federal government power over the states

• I’m soooo confused because the “rules” of Federalism were never clear!!!

Important terms to know

• Block grants -Grants of money from the national government that states can spend within broad guidelines determined by Washington

• Devolution –

The effort to transfer responsibility for many public programs and services from the federal government to the states – took off in the 1990s – comes from a deep seated mistrust of big government

Where’s Darwin when you need him?

More terms…

• Categorical grants

Federal money for specific purposes such as building an airport – money with “strings attached”!!!!

• Initiative, recall and referendum

Voters can put measure on the ballot, remove elected officials, and allow voters to reject a measure passed by the state

college grants

The BIG word!!!• It’s MANDATE – terms set by the federal

government that states must meet whether or not they accept federal funds!

• Most federal mandates concern civil rights and environmental protection – to control the states

• Right here in PUHSD – school desegregation money was tied to the racial makeup of some school and the Magnets were part of the districts solutions.

Yes, more terms

• Nullification – states can nullify (void) any federal law

• Dual federalism – national government is supreme in its realm and the state is supreme in its realm and the two should remain separate

• Grants-in-aid – money given by the federal government to the states

Even more terms• Revenue sharing – federal sharing of a fixed

percentage of its revenues with the states

• Conditions of aid – terms set by the federal government that states must meet in order to receive certain aid

• Mandate – (yes, again) terms set by the federal government that states must meet whether or not they accept federal grants

All right, the notes on Federalism•Federalism deals with the way states and the federal government work together.

•Federalism means that people are treated differently from state to state, especially with regards to spending programs (welfare), education, and the local legal system.

•But it also means that people in states have some influence over their lives, such as what is taught in school, where roads are built and where money is spent on public projects…

I hadn’t thought of that…

• Some might consider this unequal treatment and that’s where the national government fits in…

• During the Depression, local policies became more nationalized, giving the government more control over local policies

• This changed again in the 1960s and 70s

So, now what??• Trends have changed in the last 30 years to shift the

“revenue sharing” and block grants but it’s only been partly successful. During Clinton’s years the Supreme Court has really begun to review state sovereignty

• Still, national government does not really directly control people but relies on the states to do it.

Is Federalism good or bad?• Loaded question…

• States are “parasitic and poisonous”

• Or federalism fosters individuality and political flexibility

• Or federalism blocks progress and perpetuates racism

• Or it contributes to governmental strength

• ?

Okay, it’s both…• It really has both good and bad effects – different

political groups in different places come to power for different reasons depending on state needs…

• It decentralizes authority and facilitates political movement

• The 10th Amendment was an afterthought to limit the national governments power

• Hamilton vs. Jefferson - views

History (just a little bit)• Limits – McCulloch case and the

necessary and proper cause

• Nullification – states said they could declare and tried in the early 1800s. Civil War settled the question – NO States CAN’T nullify federal laws and it came from the Virginia and Kentucky resolutions

• Dual federalism – both national and state gov’s are supreme in their own spheres (ex: interstate vs. inTRAstate commerce). The doctrine is still argued, sometimes successfully

State sovereignty

• Recently the Supreme Court has strengthened states rights in cases such as:

• Lopez, Morrison and Printz vs. US (gun rights and domestic violence)

• States still control their own police, education, criminal justice, roads, highways, public welfare and they can provide for direct democracy

Federal and state relations• Grants-in-aid

• Started with land grants and cash

• Shifted from what states demanded to what the national government felt as important (1960s)

Who has the power?

• Remember – enumerated are for the federal government only

• Reserved are for the states only

• Concurrent are for both

• Supremacy Clause – the Constitution is the “supreme” law of the land

• The Supreme Court is the “umpire”

The Federal government can’t…

• Create a public school system

• Create uniform marriage and divorce laws

• Set up local government

• Tax states

But the Feds are expected to…

• Protect the states from invasion

• Help with disasters (like a hurricane)

• Respect state territory

• Admit new states

• Recognize state sovereignty – in other words, the federal government has to allow the states to exist!!!

and the states can’t…

• Make treaties or tax the federal government

• The 10th Amendment says states have certain rights but it also denies them certain things

• The Constitution does not expressly grant the states any power except in the 21st Amendment which is…???

State vs. State

• Funny, they don’t all get along…

• Sunbelt vs Frostbelt

• How does the state spend the $$$

• Population – the big boys get more $$$

State power sources

• The Big 7

• Mayors

• Governors

• Counties

• Cities

• State governments

• City/county managers

• State legislatures

• All trying to get mo’ $ with less strings

A final thought• The 10th Amendment only allowed the federal gov.

certain rules over the states. BUT the “necessary and proper” clause (defined by the McCulloch case) broadened federal authority over the states. It seems the basic issue is over economics, commerce and funding. After the Depression the feds had more power but the courts have shifted power back to the states more. Grants-in-aid programs allow states to work on projects. It’s all about the $$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$