We are subject to the formal authority of both the state and the national governments.

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1 AP Government Chapter 3 Federalism Eye Opener: United States v. Lopez Alfonso takes a.35 onto school campus. He is arrested and charged with Texas Firearm possession on school premises. When Federal agents charged Lopez with violating the Gun-Free School Act the state dismissed its charges. Does the Commerce power give the federal government the right to regulate on the public school campus? Does the additional layer of policy makers make government more responsive to public opinion or merely more complicated? James Madison in Federalist #51 argued that the extra layer was part of the checks and balances that protected minority rights against majority mob rule. Neighborhood schools, local airports, sewage systems, pollution control systems and police departments receive a mix of local, state and national funds and operate under a complex web of rules and regulations imposed by each level of government. Defining Federalism- It is a way of organizing a nation so that two or more levels of government have formal authority over the same area and people. We are subject to the formal authority of both the state and the national governments. 11/190 nations of the world have a federal system. Most governments are unitary in which all power resides in the central government. The American states have unitary governments with respect to their local governments. Local governments get their authority from the states. They can be created or abolished by the state. States also have the power to make rules for their own local governments (speed limits, taxes, expenditures). States receive their authority directly from the constitution (10 th Amendment). The United States began as a confederation under the Articles of Confederation. In a confederation the national government is weak. Most power is in the hands of its components. The workings of the federal system are sometimes called intergovernmental relations. This term refers to the entire set of interactions among national, state, and local governments. The Federal System decentralizes our politics. More layers of government mean more opportunities exist for political participation. The more decisions made in the state the less sources of conflict at the national level. In the American system judges serve as umpire resolving disputes between the two levels of government. Who should regulate interstate transportation, pass child labor laws, adopt minimum wage legislation, regulate abortion, enforce school desegregation, determine speed limits on highways, or tell 18 year olds they cannot drink alcohol? States are responsible for most public policies dealing with social, family and moral issues. These issues become national issues when aggrieved or angry groups take their cases to congress or the federal

2 courts in an attempt to use the power of the national government to influence states or to get federal courts to find a state policy unconstitutional. Almost every policy the national government has adopted had its beginnings in the states. The Constitutional Basis of Federalism The people were too widely dispersed and the country s transportation and communication system to primitive, to allow governing from a central local. The constitution guaranteed states equal representation in the Senate (unamendable). States are responsible for both state and national elections. The constitution guarantees to each state: protection against violence and invasion. The Supremacy Clause: In a dispute between the states and the national government concerning the constitution, laws of the national government consistent with the constitution rules supreme. Judges in every state were specifically told to obey the US constitution, even if their state constitutions or state laws directly contradict it. All state executives, legislators, and judges are bound by oath to support the constitution. The national government can operate only within its appropriate sphere (10 th Amendment). It cannot usurp the states powers. However, courts have successively ruled that the 10 th amendment does not give states superior power to the national government. Example: The national guards are state militias, but the constitution provides that the President can nationalize them. Citizens can control the behavior of local officials. Individuals can sue local governments for damages or seek injunctions against any local official acting in an official capacity who they believe has deprived them of any right secured by the constitution or by federal. Establishing National Supremacy The national government has gained power relative to the states 1) in the elaboration of the doctrine of implied powers 2) the definition of the commerce clause 3) the Civil War and 4) the struggle for racial equality. Implied powers are those that are necessary and proper to carry out the enumerated powers. The elastic clause (necessary and proper) allows congress to do more than what is enumerated. Commerce Powers Congress has the power to regulate interstate and international commerce. Commerce is defined as every form of commercial activity including the movement of goods, radio signals, electricity, telephone messages, the internet, insurance transactions and much more. The Supreme Court Decisions Created a source of power as long as Congress employed its power for economic development through subsidies and services for business interest, but when Congress sought to regulate the economy rather than to promote the court ruled that congress had no constitutional right to regulate local commercial activities.

3 When the Great Depression hit new demands were placed on the national government. The New Deal produced an avalanche of regulatory and social welfare legislation. In 1964 Congress prohibited racial discrimination in places of public accommodation such as restaurants, hotels and movie theaters on the basis of its power to regulate commerce, thus regulating commerce is one of the national governments most important sources of power. The Civil War was more a battle of the national government s sovereignty over southern states than it was a war over slavery. Throughout the 1960s, the Federal government enacted laws and policies to end segregation in schools, housing, public accommodations, voting and jobs. States Obligations to each other marriage license, divorce certificates, birth certificates, driving license are valid in all states (Article IV) Defense of Marriage Act permits states to disregard gay marriages, even if they are legal elsewhere in the United States. Extradition Almost all criminal law is state law. Extradition is the practice of returning a fleeing suspect to the state where the crime was committed. Privileges and Immunities the more fundamental the right such as owning property or receiving police protection the less likely it is that a state can discriminate against citizens from another state. However, non-state residents do pay higher college tuitions and additional tax on minerals mined in one state but not used in that state. Intergovernmental Relations Changes in federalism: switch from dual federalism to cooperative federalism and the elaborate assortment of federal grants-on-aide to states and localities. Dual Federalism both the national government and the state government reign supreme in their own sphere (outdated) National Sphere control over foreign and military policy, postal system and monetary policy. State sphere: schools, law enforcement and road building. Cooperative federalism powers and policy assignments are shared between state and the national government. The Federal government in education: During the Civil War land grants for colleges were made. In the 1950 d and 1960s grants and loans for college students, financial support for elementary and secondary education in science and foreign language. Almost all schools receive some federal assistance. To do so they must comply with federal rules and regulations which include desegregation and nondiscriminatory policies. Also in 1956 an Interstate highway system was developed. Cooperative federalism involves shared costs, federal guidelines (i.e. drinking age) and shared administration. (See chart on p. 81 and read through fiscal federalism)

4 The public has a pragmatic view of governmental responsibilities, seeing the national government as more capable of and thus responsible for handling some issues. Republicans passed bills giving states more authority over social and environmental programs (Welfare Overhaul under Regan). Feds must supply money to states to carry out imposed requirements. Republicans designated the federal government as the sole regulator of products, nullified state laws that restricted telecommunications competition and set national standards requiring insurers to cover at least 48 hours of hospitalization for mothers and newborns. In immigration issues states were required to adhere to federal antifraud specifications for birth certificates and driver s license. Fiscal Federalism is the cornerstone of relations between national government and state/local governments. Fiscal federalism includes spending, taxing and providing grants. The sub government can influence the national government through elections, but the national government influences states with money. Catalogue of Federal Domestic Assistance is a massive volume listing the federal aid programs available to states, cities and other local governments. The book lists federal programs that support energy assistance for the elderly poor, housing allowances for the poor, drug abuse services, urban rat control efforts, community arts programs and state disaster preparedness programs. Two major types of federal aid for states and localities are categorical grants and block grants. Categorical grants are the main source of federal aid. The Equal Opportunity Act of 1982 bars job discrimination by state and local government and no pay below union wage. Title VI of the 1964 Civil Rights Act bars discrimination of race, color, national origin, gender or physical disability. Cross Cutting violation of federal regulation under one grant can cause you to lose all federal money. There are two types of categorical grants: Project grants which are competitive and formula grants such as Medicaid, child nutrition, sewage treatment plant construction, public housing, community development programs, training and employment. Formulas are computed on the basis of population, per capita income or percentage of rural population. Block Grants are money given to states to distribute according to their discretion. They were first adopted in 1966 to support programs in areas like community development and social services. Most states and cities have established full time staffs in D.C. whose job is to keep track of what money is available and help the state or city get some. Money is awarded according to the theory of universalism which means something for everyone. Chapter I of the 1965 Elementary and Secondary Education Act (ESEA) is the federal government s principal endeavor to assist public schools. The primary intent is to give extra help to poor children yet 95% of all school districts receive funds.

5 The Mandate Blues requirements that direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant are called mandates. Medicaid provided healthcare for poor people. The national government pays 50 83% of the Bill. States pick up the rest. A related problem arises when congress passes a law creating financial obligations for the states, but provides no funds to meet those obligations. State and local governments are the first responders in most emergencies. They are responsible for protecting the public s health and providing emergency health care. A combination of federal regulations and inadequate resources may also put the states in a bind. Understanding Federalism The founders established a federal system to allay the fears that a powerful and distant central government would tyrannize the states and limit their voice in government. Advantages for democracy the more levels of government the more opportunities there are for participation in politics. Two levels provide more access to government and increase opportunities for response to demands. Advocates for civil rights found the national level to be helpful in achieving racial equality. Business interest has traditionally found state governments to be responsive to their demands and labor unions often find sympathetic officials at the national level. States have specific interests: Texas oil, Virginia tobacco farming, Montana copper mining. The federal system allows an interest concentrated in a state to exercise substantial influence in the election of that state s officials both local and national. Most disputes over policy are handled at the state level which reduces decision making and conflict at the national level. Disadvantages for Democracy relying on states to supply public services has some drawbacks. States differ in resources they can devote to services like public education. States that pay high welfare benefits may attract the poor from other states. A national program with uniform welfare benefits would provide no incentive for welfare recipients to move to another state in search of high benefits. Also 38/50 states have a death penalty. Some believe that citizens of the same country ought to be subject to uniform penalties. Federalism and the scope of the National Government Why did the national government grow? To help automobile industries, steel industries, bail out saving and loans institutions equip the nation for the technological age and address the problems that arose when this country s economy changed from agriculture to industry to information services. Legislation was created to control monopolies, provide new services in rural areas, protect the rights of organized labor and protect our environment. Why not turn to state Governments? A national government can look out for the nation as a whole instead of only focusing on one region.

Identify the positive and negative effects American federalism has on democracy. INTRODUCTION

Identify the positive and negative effects American federalism has on democracy. C HAPTER OVERVIEW INTRODUCTION The relationships among the federal, state, and local governments often confuse people, yet