Why Federalism?

• The authors of the Constitution wanted to combine a central government strong enough to maintain order with strong states.

• The large geographical size of a country.

• State governments have served as training grounds for national politicians and as laboratories in which new ideas can be tested.

• Federalism allows for many political subcultures.

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The Flow of Power in Three Systems of Government

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The Federal System• Scholars and political leaders alike have debated the

relative merits and drawbacks of federalism since the founding of the republic.

• Federal System– Authority Divided– Written Constitution– Central Government and Constituent Governments

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Powers of the National Government

• Enumerated Powers- Expressed, Written– The Necessary and Proper Clause– Specifically granted by Constitution

• Implied Powers—understood through

written powers

• Inherent Powers (all sovereign nations)

*borders and immigration4

Concurrent/ Shared Powers

Concurrent Powers

Power toTax

Power To Make and

Enforce Laws

Power To Establish Courts

National Government

Power To Police

(Limited)

State Government

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Prohibited Powers

• Apply to both the national and state governments– The national government is

prohibited from taxing exports.

– State governments are prohibited from conducting foreign policy and from coining money. “Congress… has the

power to coin money.”

© AP/ Wide World Photos

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Supremacy Clause

• Article VI of the Constitution mandates that actions by the national government are supreme.

• Any conflict between a legitimate action of the national government and a state will be resolved in favor of the national government.

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Defining Constitutional Powers

• National Government reigns with power

• McCulloch v. Maryland (1819)

• Gibbons v. Ogden (1824)

Supreme Court Justice John Marshall © Bettmann /Corbis

Chief Justice John Marshall: “Let the end be legitimate.”

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States’ Rights• The Jacksonian Era (1829-1837) brings a

shift back to States’ Rights

– Regulation of commerce was a major issue– Tariffs generally benefitted northern industries– Ultimately, South Carolina withdrew from the

Union on December 20, 1860– Six states met in February, 1861 to form

Confederate States of AmericaCopyright 2011 Cengage Learning 9

Share of Nonmilitary Spending by the Federal, State, and Local Governments before and after the

Passage of New Deal Legislation

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Figure 4.1

Metaphors for Federalism

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UNF 4-4a Total Public Sector Employment as a

Percent of Total Population (2005)

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UNF 4-4bUNF 4-4bDistribution of Employment Between the Federal and

Sub-national Levels of Government (2005)

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Figure 4.3

The National Government's Contributions to State and Local Government Expenditures

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Types of Grants

• Categorical grants– Formula grants– Project grants

• Block grantsGrants a way to redistribute income“Strings-Attached” Federal Grants

• Federal Mandates

Main trend is towards health-care spending, about 50% of all funds given to states

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Changing Federal Grants to State and Local Governments

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Federal Grants to State and Local Governments,

2008 (in billions of dollars)

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Figure 4.2 Trends in National Government Grants to

States and Localities, FY 2006 to 2009

The Shift Toward Central

Government Spending

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© 2003 AP/Wide World Photos

Expanding Federal Control

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Constraining Unfunded Mandates

• State and local governments object to national mandates imposed without additional funding

– Pace of unfunded mandates increasing– Unfunded Mandates Relief Act of 1995 not

particularly effective

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Label Me

Unfunded Mandates have led to these

labels.

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Federalism Becomes a Republican Issue

• New Federalism: Beginning with President Richard Nixon (1969–1974), the Republican Party championed DEVOLUTION, or the transfer of powers from the national government to the states. They called this policy federalism, a new use of the term.

• Under current conditions, liberals may have pragmatic reasons to support states’ rights in some instances, such as in gay rights issues.

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Gay Rights Protestors© 2004 AP/Wide World Photos

States’ Rights Put To Test

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National Crises and Demands

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National Crises and Demands

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National Crises and Demands

• Role of national government has grown to meet needs state and local governments unwilling or unable to meet

– The American Recovery and Reinvestment Act

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The Federal System

Advantages• Permits diversity, diffusion

of power• Local governments can

handle local problems• More access points for

political participation• Protects individual rights• Fosters experimentation

and innovation• Suits large country with

diverse population

Disadvantages• Makes national unity difficult to

achieve, maintain

• State governments may resist national policies

• May permit economic inequality, racial discrimination

• Law enforcement and justice are uneven

• Smaller units may lack expertise and money

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