Chapter ThreeFederalism

American Government and Politics: Deliberation, Democracy, and Citizenship

Chapter Three: Learning Objectives

• Describe briefly how the federal-state balance of power has shifted over the years

• Explain why this balance has often tipped in favor of the federal government

Chapter Three: Learning Objectives

• Lay out the advantages and disadvantages of America’s complex system of federalism

• Analyze how federalism affects policy deliberation

Chapter Three: Learning Objectives

• Understand ways in which federalism may encourage or hamper active citizenship

BRIAN BAER/MCT/Landov

Introduction

In the United States we have a federal system.

Alternatives to a federal system include

• Unitary system

• Confederal system

International Perspectives

Unitary system

• Power is vested in a central government which grants power to other levels of government

Confederal system

• Power is vested in sovereign states that grant limited powers to the central government

Growth and Change

How has the balance of power shifted over the years?

Do you believe that shift has been positive or negative?

Growth and Change: At the Founding

The Constitution grants the government certain enumerated powers.

Through the Tenth Amendment the states and the people possess reserved powers.

Growth and Change: Federalism from Chief Justices Marshall to Taney

In this era of dual federalism, two important Supreme Court cases dealt with issues of federalism.

1. McCulloch v. Maryland (1819)2. Gibbons v. Ogden (1824)

Growth and Change: Federalism from Chief Justices Marshall to Taney

McCulloch v. Maryland (1819)

• Necessary and proper clause

• Implied powers

• Supremacy clause

Growth and Change: Federalism from Chief Justices Marshall to Taney

Gibbons v. Ogden (1824)

• Commerce clause

• Supremacy clause

Pledges and Promises

Supporting the Constitution

• Article VI requires federal and state officials to be bound by oath or affirmation to the Constitution

• There has been controversy over oaths and the actions of federal and state officials which appear to conflict with the Constitution

Growth and Change: The Civil War and National Identity

The Civil War’s effects on federalism

1. Ended discussion of secession and nullification

2. Strengthened the federal government

Growth and Change: The Civil War and National Identity

The Civil War’s effects on federalism

3. Civil War Amendments limited the power of the states

4. Changed the way Americans saw their country

Growth and Change: Federalism in Flux

American federalism in the early twentieth century

• Sixteenth Amendment• Seventeenth Amendment• Eighteenth Amendment• Twenty-first Amendment

Growth and Change: New Deal, War, and New Power for the Federal Government

During Franklin D. Roosevelt’s administration the powers of the national government grew.

The federal government expanded its powers in regulating commerce and noncommercial activities through the decision in Wickard v. Filburn (1942).

Growth and Change: The Federal Government Assumes a Dominant Position

During the 1960s the federal government gave more funding for programs to state and local governments through categorical grants, which allowed the federal government to give specific instructions for the use of grant funds.

Growth and Change: The Federal Government Assumes a Dominant Position

Source: www.whitehouse.gov/omb/budget/fy2009/sheets/hist03z1.xls andwww.whitehouse.gov/omb/budget/fy2009/sheets/hist15z3.xls

Growth and Change: New Federalism: Revival and Turmoil

New Federalism created new tools of fiscal federalism

• General revenue sharing

• Block grants

• Mandates and unfunded mandates

Growth and Change: New Federalism: Revival and Turmoil

Source: United States Offi ce of Management and Budget, Budget of the United States GovernmentFiscal Year 2009 at www.gpoaccess.gov/usbudget/fy09/sheets/8_3.xls

Contemporary Issues in Federalism: Of Two Minds: Devolution and Preemption

In the 1990s, devolution became a common term to refer to the shift of power from the federal government to state and local governments.

Congress moved away from devolution through enacting preemption statutes.

Contemporary Issues in Federalism:Regulation

There have been several policy areas where federalism debates have been prevalent.

1. Regulation

Garcia v. SAMTA (1976)

Contemporary Issues in Federalism: Welfare and Education

2. Welfare and education

1996 end of AFDC

No Child Left Behind Act

Contemporary Issues in Federalism:Crime

3. Crime

United States v. Lopez (1995)

Printz v. United States (1996)

United States v. Morrison (2000)

Contemporary Issues in Federalism:Life, Death, and Health

4. Life, death, and health

Oregon Death with Dignity Act

California ballot measure to legalize marijuana

JASON REED/Reuters /Landov

Contemporary Issues in Federalism:Lawsuits and Same-Sex Marriage

6. Lawsuits

Eleventh Amendment

7. Same-sex marriage

Full faith and credit clause

BRIAN BAER/MCT/Landov

Contemporary Issues in Federalism:The National Guard

8. The National Guard

Who should have power over the national guard – the president or state governors?

Alex Wong/Getty Images

Debating Federalism

What are some advantages or disadvantages of federalism?

Do you believe a federal system allows for a double layer of protection for citizens’ rights?

Debating Federalism

Do you believe federalism creates a “race to the bottom”?

Do you believe federalism brings government closer to the people? Why or why not?

Myths and Misinformation

Knowledge of state governments

• In a 2007 survey, only 66% of Americans could state their governor’s name

• Americans also lack knowledge about their state’s legislative branch and fiscal situation

• Why do you believe Americans know so little about their state governments?

Federalism and Deliberative Democracy

In a federal system states are like laboratories of democracy. States allow for policy innovation based on the needs of their residents.

Successful state policies may influence national policy.

Deliberation, Citizenship, and You

States and immigration

Federal lawmakers have yet to come to a consensus about immigration reform, but some state governments have.

What are your state’s laws on immigration?

Summary

• The federal system is complicated

• There has been a trend toward centralization of power

• States still retain much power

• The federalism debate continues