FEDERALISMNational Government vs. State Governments
FEDERALISM AND THE CONSTITUTION• Federalism as a Madisonian device• A way to limit federal authority (see
Federalist 10 and 51)• The division of powers between two
sovereign governments• It helps to address the diverse nature of our
country (allows for local control)• State governments were well established and
people trusted them
EXPLANATION FOR FEDERALISM “…it clearly appears, that the
same advantage which a republic has over a democracy, in controlling the effects of faction, is enjoyed by a large over a small republic-is enjoyed by the Union over the States composing it…The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general conflagration through the other States.” Madison Federalist #10
CONSTITUTIONAL BASIS OF FEDERALISM• A strong national government
– Article I, Section 8 grants government many broad powers,– but government also given powers to create all laws “necessary
and proper” (elastic clause)– Article VI establishes the supremacy of the Constitution
• Powers prohibited to the states– States denied from doing things that conflict with national
government such enter treaties, coin money, keep troops or navies, make war levy import, export taxes
– States left with the local powers of governing the welfare, health, safety and morals of its people
• National government limited– Article I, Section 9 establishes powers denied to federal
government– 10th Amendment grants states powers not granted by the
Constitution to the national government (who wins if a conflict between the elastic clause and 10th Amendment)
DIVISION OF POWER Expressed Powers—delegated to National
Government Lay and collect taxes, coin money, regulate trade,
declare war, maintain armed forces Powers to the President; 16th Amendment
Implied Powers—necessary and proper clause Interstate highway system, kidnapping across state
lines, banning racial discrimination (power to regulate commerce)
Powers denied—Bill of Rights, silence of Constitution
DIVISION OF POWERSNational Powers Concurrent Powers State Powers
Coin Money Levy and collect taxes Regulate trade within the State
Regulate interstate and foreign trade
Borrow money Establish public schools
Raise and maintain armed forces
Establish Courts Pass license requirements for professionals
Govern US territories and admit new States
Define crimes and set punishments
Regulate alcohol
Conduct foreign relations
Claim private property for public use
Conduct elections
Declare War Establish local governments
LAYER CAKE VS. MARBLE CAKE FEDERALISM
People
Federal gov’tStates
FISCAL FEDERALISM-SPENDING, TAXING AND PRODUCING GRANTS IN THE FEDERAL SYSTEM
Categorical grants-money given to states for a specific purpose, but there are conditions• Interstate Highway Act-
governments pay 80% of cost of highway construction, but must be built to government specifications
• States must establish a highway beautification program or lose 10% of its funding
• Or Cross over sanctions Funds withheld for highway
construction unless the drinking ages of the states are raised (South Dakota v. Dole)
Block grants-money given to states, but less strings attached Giving money to states to
decrease emissions Money given to the states
for welfare, but the states come up with the system that helps them best
Revenue Sharing-money given to states with tax revenue and no strings attached (1972-1987)
THE NATIONAL GOVERNMENT’S CONTRIBUTIONS TOSTATE AND LOCAL GOVERNMENT EXPENDITURES
TRENDS IN NATIONAL GOVERNMENTGRANTS TO STATES AND LOCALITIESTHE ISSUE: HEALTH COSTS!
DEVOLUTION
Local control Experimentation Local governments able
to adapt to local needs leading to greater efficiency
Traditional interpretation of the states’ power to regulate health, welfare and safety
Regional disunity Fiscal responsibility
of Congress Oversight “Irresponsibility” of
states Need to accomplish
national goals with federal dollars
Advantages Disadvantages
INTERSTATE RELATIONS Article IV—Full faith
and Credit Clause Any legal decision,
record and public acts of a State has to be recognized by other States Marriages Drivers licenses Birth certificates Divorces Damage award
Extradition
Privileges and Immunities—states can’t play favorites between their citizens and out of state citizens Except
Holding public office Professional licenses Hunting licenses In-state/out-of-state
tuition