Political Science Chapter 3 Topic 3 Federalism I Different Ways to Divide Governmental Power A Confederation B Unitary Government C Federation D Differences Based on Legal Allocation of Power II Legal A B C D E F Division of Powers in American Federal System National Govt Powers Concurrent Powers State Powers Admission of new states States Rights Obligations of States III Evolution of American Federalism A Dual Federalism federalism in theory B Cooperative Federalism federalism in practice 03 25 2014 C New Federalism Topic 3 Federalism I A Confederation i A voluntary association of sovereign member states a Sovereign states enter into a contract constitution b Delegate certain powers to a central government to deal w common problems c Central gov t subordinate to regional governments 1 Can exercise only powers delegated by unanimous consent of the regional gov ts 2 No direct power over citizens in the regional gov ts d Unanimous consent to change constitution e Right to regional gov ts to withdraw ii Examples a Articles of Confederation b Confederate States of America c European Union established by treaty in 1993 B Unitary Government i Power concentrated in a single central government a Central gov t may create subdivisions b Local gov ts subordinate to central gov t c Most common form of gov t ii Examples a Great Britain b Relationship between U S State and cities counties C Federation i Constitutional division of power between central government and its parts states provinces a Each level has power independent of the other b Each level participates in amending the constitution c No right to withdraw ii Examples a U S Canada Mexico b European Union quasi federation c China D Differences Based on Legal Allocation of Power i Division of power in all 3 ii Essential difference HOW power is divided II Legal Division of Powers in American Federal System A National Government Powers i Enumerated powers a Levy and collect taxes b Borrow and coin money c Regulate interstate commerce d National security raise army and navy declare war ii Implied powers a Necessary and proper clause b Tax and spend for general welfare B Concurrent Powers i Overlap in powers of national and state gov ts ii Both can tax and borrow money iii Tension between national and state gov ts C State Powers i 10th Amendment The powers not delegated to the United States by the Constitution nor prohibited by it to the states are reserved to the states respectively or to the people ii Police powers power of states to pass laws for the health safety and morals of its citizens D Admission of new states i The typical procedure a Congress forms an incorporated territory b Residents petition Congress for admission c Enabling Act passed by Congress and signed by president 1 Authorizes territory to draft a state constitution 2 Must be approved by the residents in a referendum d Territory becomes a state when state Constitution is approved Congress and signed by the President e Immediately on equal footing with other states f Texas is a special case ii Recent Discussion a Puerto Rico b Washington DC iii Political Conflicts a Utah 1 Multiple attempts 1849 1896 2 Controversy over plural marriage party politics b Alaska and Hawaii 1959 1 Civil rights 2 Party politics E States Rights i Protection against invasion and insurrection ii republican form of government iii Equal representation in the Senate iv Equality of states after admission a No seniority all states have same degree of sovereignty with the same rights and powers b Boundaries cannot be changed without permission of 1 State or states concerned and 2 Congress c States have control over their internal affairs Ex placement of state capitol Coyle v Smith 1911 v States must agree to Constitutional amendments 38 out of 50 F Obligations of States i Recognize supremacy of US Constitution and laws a Article IV This Const laws of the US made in pursuance thereof and treaties shall be the supreme law of the land and anything in the const or laws of any state to the contrary notwithstanding b Creates hierarchy of law 1 US Constitution 2 Federal laws and treaties 3 State constitutions 4 State laws ii Full faith and credit a Article IV Each state must give full faith and credit to the public acts records and judicial proceedings of every other state b Not criminal laws c Civil judgments birth certificate d Marriage iii Interstate rendition extradition of criminals a States cannot enforce criminal laws of other states b Article IV A person charged in any state w a crime who shall flee be found in another state shall on demand of the exec authority of the state from which he fled be removed to the state having jurisdiction III Evolution of American Federalism A Federalism in Theory Dual Federalism i Clear line between national and state powers ii Federal and state governments are sovereign with separate and distinct responsibilities B Federalism in Practice Cooperative Federalism i Line between national and state responsibilities is blurry ii Shared responsibility requires cooperation iii Early cooperation a Land grants b Morrill Act of 1862 iv Grants in aid a Categorical grants for narrowly defined purposes Head Start highways b General Revenue Sharing c Block Grants for general gov t functions education law enforcement v Problems with Cooperative Federalism a Coordination and communication b Expensive c Threats to state authority 1 Matching funds Strings attached Cross over sanctions 2 Figure 3 4 State and Federal Spending as a Percent of GDP 3 Figure 3 5 Changing Priorities in Grants in Aid C New Federalism i Attempt to return to power and responsibility to states a Figure 3 6 b Sweeping welfare reform 1996 c Supreme court rulings supporting states rights 1 Federal government could not force local law enforcement agencies to perform criminal background checks Printz v US 1997 2 Citizens could not use a federal law to sue a state in state court Alden v Maine 1999 ii Problems and Controversies a Returning power to the states also returned responsibility and the financial burden b Advantage of federal regulation one set of standards vs 50 separate state standards c Unfunded Mandates 1 Federal statutes required to take on certain responsibilities without covering any of the costs 2 Examples Handicapped access to public buildings No Child Left Behind