Federalism

Ch 3 TestVocabShort AnswerMultiple ChoiceEssays (you will do 2 of the 3)EssaysThe Great Compromise resolved the key issue at the Philadelphia Convention. Explain what the key issue was, how it was resolved AND why this compromise is considered SO important to the United States.Federalist and Anti-Federalists had a VERY different view of the Constitution. Detail the arguments for each side. How was this disagreement resolved?Explain the AMENDING PROCESS? Why was it made so intentionally hard? Do you believe that the Constitution is a living and breathing document? WHYFederalismChapter 3

What Does the Constitution Say about FEDERALISM?Nothing

Federalism is implied by:

a. powers divided between the states and the federal government b. stated obligations to the states* A republican form of government* Protection from invasion

FEDERALISM: A system of government where power is divided between a national government and regional governmentsState PowersState Constitutional Responsibilities/Limitation* Ratify Amendments* States hold regular elections* State cannot enter into treaties* State cannot pass bills of attainder, expost facto laws or impair contracts, or grant titles of nobility* State cannot lay duties on imports or exports* State cannot keep troops (wage war)Most legislation dealing with health, safety and morals

State ObligationsClearly stated in the Constitution

Full Faith and Credit

Extradition

Privileges and ImmunitiesDivided Powers Are Not Always EqualThe Constitution is the SUPREME law of the landOnly federal government can make treaties

National SupremacyImplied Powers (Necessary and Proper Clause)

Commerce Clause

Civil War

Civil Rights (14th Amendment)Federalism Has Changed Over TimeFrom a layer cake concept (Dual Federalism) to a

Marble cake concept (Cooperative Federalism)

Changes ahead? (Health Care decision) Federalism has changed

Fiscal FederalismMoney, rather than force, has been the tool used by the national government to exert influence over state policies

Grants-in-aid are used both to assist state and local governments and to encourage compliance

Dual Federalism: Each level of government is supreme in its own sphere

Cooperative Federalism: Powers and policies are shared between state and national governments.

Grants-In-AidThere are two types of federal grants both have strings attached

Block Grants

Categorical GrantsBlock GrantsThese grants are given almost automatically to support broad programs (eg a block grant for post secondary education)

States determine the specifics of distributing this grant money Block Grant StringsNondiscrimination requirements

Environmental impact statements

Union pay scale for construction grantsCategorical GrantsThere are two types of categorical grants

project grants

formula grantsProject GrantsThese are awarded according to specific projects

They are competitive and must be applied forFormula GrantsThese are grants where the amount is given out by formulas and differ from state to state Formulas may be population, income, or other formulasExamples are Medicaid, community development programs, WIC, employment trainingThese grants are not applied for

StringsMoney can be dependent upon doing certain things

Example Federal Highway money dependent upon raising drinking age to 21

Example No Child Left Behind Act money dependent upon developing state tests

Federal MandatesStates have complained about unfunded federal mandates grants that require states to pay for federally mandated programsFUNDED Congress allocates the funds to carry out the directives of the laws they passUNFUNDED Laws passed without the funding. The states are expected to pick up the costs. This had become more and more common

HOWEVER . . .The Supreme Court decision concerning the Constitutionality of the Health Care Act stated that the federal government could not coerce cooperation by withholding funds

What does this do to unfunded federal mandates?

What could be the implication? Your Text Asks QuestionsDoes federalism lend itself to more democracy?

Does federalism make government more responsive or just more complicated?

Why has the federal government grown so much and has that been at the expense of the states?More Democratic? More people can participate in government

More access to power

More opportunities for interest groups to have demands metWith FederalismPolicies are decided at the state level as well as the national level

That can create tension (Arizonas immigration laws)

It also encourages experimentation at the state level (health care, Indiana, Mass.)With FederalismHaving states carry out federal policies can have uneven results dependent upon state resources

Demands for uniformity have enlarged the scope of the federal governmentReview Chapters 1-3Chapter OneWhat is Government/Why do we need GovernmentPoliticsPolicymaking SystemScope of Government in AmericaChapter TwoOrigins of the ConstitutionThe Government that failed (Articles of Confederation)The Constitutional Convention (The Philadelphia Convention)The Great Compromise/Madisonian ModelRatifying the ConstitutionChapter ThreeDefining FederalismConstitutional basis for FederalismIntergovernmental Relations TodayUnderstanding Federalism