Chapter 3

Federalism

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American Government2006 EditionTo accompany Comprehensive, Alternate, Texas, and Essentials Editions

O’Connor and Sabato

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National Powers Under the Constitution Enumerated Powers

17 specific powers granted to Congress Article 1, section 8 of the U.S. Constitution

Necessary and Proper Clause Implied Powers

Supremacy Clause

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State Powers Under the Constitution Article 1

Allows states to determine time, place, and manner of elections for House and Senate representatives

Article II Requires that each state appoint electors to vote for

president Article IV

Privileges and immunities clause Republican form of government Protection against invasion

Tenth Amendment (impt!!!) States’ powers described here Reserve or police powers

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Concurrent (shared) Powers

Concurrent powers

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Denied Powers

States cannot Congress cannot

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Relations Among the States

Mechanisms for interstate disputes Directly settled by U.S. Supreme Court under

its original jurisdiction

Full Faith and Credit Clause

Extradition of criminals

Interstate compacts

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Federalism and the Marshall Court Two rulings in the early 1800s had a major impact on the

balance of power between national and state governments. McCulloch v. Maryland (1819)

Implied power

Supremacy clause

Gibbons v. Ogden (1824) Upheld broad congressional power to regulate

interstate commerce

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Dual Federalism: The Taney Court, Slavery, and the Civil War

Dual federalism (Layer Cake) (1865‑ 1933) Belief that …

Implication: Each government (national and state) is … The relationship between the states and

national government is characterized by…

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Layer cake federalism (cont’d.)Dual federalism prevailed

Dred Scott v. Sandford (1857)

National government grew in size and powers after Civil War. 13th, 14th, and 15th Amendments

Supreme Court adhered to concept of dual federalism Plessy v. Ferguson (1896)

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Setting the Stage for A Stronger National Government

Sixteenth Amendment Authorized Congress to enact a national

income tax

Seventeenth Amendment

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Cooperative Federalism: New Deal and Growth of National Government

The New Deal (1933-1939) intense governmental activity on the national level

response to Great Depression required the exercise of tremendous national authority

Supreme Court worried about scope of these programs in terms of regulating commerce and the economy

New Programs required cooperation across all levels of government.

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Cooperative federalism (Marble Cake) (1933‑1968)

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Different types of gov’t. funds Categorical grants-in-aid

Serve a specific purpose Account for 90% of federal aid to state and

local gov’t “Strings” attached

18 to 21 drinking national drinking age

Head Start, the Food Stamp Program, and Medicaid.

Block grants

Revenue sharing Intro’d. by Nixon (’72) provide federal funds to states

based on their size and wealth and

came with few obligations (law enforcemt or community dev)

Unfunded mandates is a requirement imposed by Congress on

state or local governments with no funding

to pay for it. NCLB

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Block Grants Broad fiscal subventions provided for

a major functional area of government and distributed to states and localities on a formula allocation basis

Accounts for 15% of federal grant-in-aid spending

Most of the spending on block grants is on surface transportation

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Block Grants Examples

Child and Adult Care Food ProgramNational School Lunch ProgramSchool Breakfast Program School Renovation GrantsSpecial Education -- Grants for Infants and

Families with Disabilities Airport Improvement ProgramHighway Planning and Construction (Federal-

aid Highways)

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Federal Grants and National Efforts to Influence the States

New Deal Most grants were categorical grants

Grant for which Congress appropriates funds for a specific purpose

1960s War on Poverty Direct assistance to states, local

governments, and citizen groups Grants used to push national agenda

rather than respond to state demands

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New Federalism: Returning Power to the States New Federalism

Federal/state relationship proposed by Reagan administration during the 1980

Returned administrative powers to the state governments

Reagan Revolution Block grants

Broad grant with few strings attached Given to states by federal government for

activity in specified area (education)

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New Federalism: Returning Power to the States

The Devolution Revolution Contract with America Unfunded Mandates

National laws that direct states or local governments to comply with federal rules and regulations but contain no federal funding to help pay the cost of meeting those requirements

Personal Responsibility and Work Opportunity Reconciliation Act of 1996

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New Federalism: Returning Power to the States Federalism Under the Bush

Administration Budget shortfalls at federal and state

level States raised taxes and cut services;

received aid from federal government Federal government expanded post 9/11

Department of Homeland Security No Child Left Behind

Example of preemption

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The Supreme Court: A Return to State’s Rights? From New Deal to 1980s: Court has generally

expanded national authority at the expense of the states.

Beginning in 1980s: Court interpretations altered Willingness to allow Congress to regulate in a variety

of areas waned Webster v. Reproductive Health Services (1989) Planned Parenthood of Southeastern Pennsylvania v.

Casey (1992) U.S. v. Lopez (1995) Sovereign immunity Bush v. Gore (2000)