FEDERALISM

Federalism

The division of power between the

National and State levels of
government
NATIONAL GOVERNMENT

STATE GOVERNMENT

STATE CHARTERS
In a Federal System:

there are at least two levels of

government that can make
decisions independent of each other
the levels of government have a
protected right to exist
United States, Canada, Australia,
India, Germany, and Switzerland
In a Federal System:

The sub national (state)

governments
exist partly by Constitution
by habits, preferences, and dispositions
of citizens
Actual distribution of political power in
society
Federalism

The single most cause of distention

between states and national
government

Usual argument is whether the

national government has the right
to impose rule on the states or if
the states should decide
Other Types of Government

Unitary- One level of government

with local branches that may be
altered or abolished such as Great
Britain, Japan, Italy, and France
Federalism

Since the 104th Congress it has

been the national goal to shift
responsibility back to states.

Known as Devolution

Today called devolution revolution

Woodrow Wilson
the cardinal question of our
Constitutional system is the continuously
changing relationship of the national and
state governments.

Today- The states are to take on more of

the domestic government in the
devolution revolution- do Americans want
this?
State Run Programs
Federal funds and regulations with state
implementation occurs in these areas:
Welfare programs
Interstate highway system
Urban renewal programs
Employment and unemployment agencies
Water and air programs
National guard
Federalism: good or bad?
Laski: Federalism impedes progress
of the nation for sectionalism
Riker: Federalism perpetuates
racism
Elazar: Federalism allows for growth
and change and gives flexibility to
the system
Book: federalism allows individuals
to take part and have ownership
The Founders
A Federal republic with both national and
state having separate and independent
powers.
Both equal in power
Never before done- no clear plan
10th amendment gives power to the
states but is not clear
Constitution article 1 section 10 only
states what the states cannot do.
Founders

10th amendment gives power to the

states but is not clear

Constitution; Article 1, section 10

only states what the states cannot
do.
The Elastic Clause
Interstate commerce was a provision of
the national government.
Defining what was interstate and
intrastate commerce was not possible
The elastic clause- that Congress could
make all laws necessary and proper to
carry out their given duties is known as
the necessary and proper clause.
Nullification
Madison and Jefferson first
introduced the doctrine of
nullification in response to the alien
and sedition acts.
John C. Calhoun used their
arguments to oppose a tariff and
later attempts to restrict slavery.
Doctrine of nullification used by the
South to secede
DUEL FEDERALISM

National government supreme in its

area
States supreme in their areas
The two should not mix.
Supreme Court could not decide on
commerce question
State Sovereignty

U.S. V. Lopez- Congress went to far

in banning guns in school zones
U.S. v. Morrison- the 1994 Violence
against women Act is
unconstitutional.-local issue
Printz v. U.S.- Federal government
cannot require the states to carry
out their regulatory program
State Sovereignty

Alden v. Maine- state employees

cannot sue to require states to
follow federal fair-labor laws
Fed. Maritime Commission v. S. C.
Port Authority- expanded state
immunity to lawsuits
State Sovereignty
Initiative- voters demand through
petition for an issue to be placed on
the ballot and voted on by the
general public.
Referendum- the legislature places
the issue before the public for them
to decide
Recall- voters remove an elected
official by asking for a new election
Federal-state relations

Grant-in-aid
Land grants
For college
Canals and roads

Flood control projects

Cash grants- intergovernmental lobby

Federal money
State run programs
Appeal of Grant in -aid
Surplus money
16th amendment income tax
Government controlled money supply
Politics- state governors could denounce
federal spending while using federal
funds.
All states get funding for the same things
Ex: homeland security equipment
Categorical grants

Federal aid for a specific purpose

Shift is to revenue sharing and
block grants

Revenue sharing- both fed and

state put up percentages of the cost
of a project
Block grants

Block Grants: several categorical

grant programs in one grant with
fewer restrictions
More state power and control
Few are given
Grants in Aid
Terms are set by the national government
for the use of their fund called conditions
of aid
The Fed. Government also has mandates
Conditions states must follow even if they
do not get or use the grant money
Read and understand the section on
mandates and conditions of aid.
Devolution

Block Grant
Money from the National government
to the states
Used for certain programs
Used by state discretion
Broad Federal guidelines set by
Congress or Federal Agencies