POLS 206 American National Government Megan K Dyer September 18 2014 Some Review Major Institutional features of U S Gov t Union Enumerated Powers Separation of Powers Checks and Balances Federalism Some Review Political actors need to know which rules institutions matter A framework for action Federalism creates Different levels of rules institutions Taking states seriously Overview Today 1 Federalism Systems of Gov t 2 Federalism in the Constitution State authority National supremacy 3 The growth of national power 4 Devolution Federalism Systems of Gov t Power sharing arrangements 1 Unitary System 2 Confederate System 3 Federal System Federalism Systems of Gov t 1 Unitary System National gov t creates sub national gov ts gives them power Subnational units No independent authority Simply execute national policy e g France Japan Federalism Systems of Gov t 2 Confederate System Central gov t has only those powers given to it by the sub units A loose alliance of sovereign entities e g EU U S under the Articles Federalism Systems of Gov t 3 Federal System Power constitutionally divided b t a central gov t subnational gov ts e g U S Canada Switzerland Aside Scotland decides http www bbc com news events scotland decides Federalism Systems of Gov t Federal System Different levels of gov t control same people territory Each level of gov t protected from encroachment by the other Each unit has the power to influence the behavior of the other Federalism Systems of Gov t Why federalism Solve collective action problems among the states BUT Prevent tyranny of the national government And allow for diversity of political cultures Neither confederacy nor consolidation Constitutional Basis of Federalism Federalism in the Constitution 1 Division of power 2 States obligations to each other 3 National supremacy Constitutional Basis of Federalism 1 Division of Power National government gets Enumerated implied powers Powers states are denied e g treaties war tax imports or exports What do states get Constitutional Basis of Federalism 1 Division of Power Constitution silent on what states can do Implication Many concurrent powers shared by the national state gov ts e g power to tax spend Constitutional Basis of Federalism 1 Division of Power 10th Amendment spells it out 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 A domain of state power Or just a Constitutional truism Constitutional Basis of Federalism 2 States Obligations to each other Full faith and credit Note gay marriage Extradition Privileges immunities States can t discriminate against citizens of other states Note in state tuition Constitutional Basis of Federalism 3 Supremacy Clause the supreme law of the land National law prevails Where Constitution gives national gov t authority What are the boundaries of national power National gov t limited State gov ts not so limited Growth of National Power Nat l authority has grown Three primary ways 1 Implied Powers 2 Commerce Clause THE BIG ONE 3 General Welfare Clause Growth of National Power 1 Implied powers necessary and proper Elastic Clause Limited if enumerated powers are limited Drama Bank of the United States Growth of National Power 2 Commerce Clause Broad definition of interstate commerce has increased nat l power What is commerce For what purposes can Congress regulate commerce Growth of National Power 3 General Welfare Clause Power to tax spend for the general Welfare of the United States A mere statement of purpose Or an independent grant of power Aside Federalist Papers Growth of National Power What keeps national gov t from encroaching on state power the first and most natural attachment of the people will be to the governments of their respective States Federalist 46 States can fend it off Growth of National Power Madison s claim States kept safe by political dynamics NOT constitutional designs Do these political dynamics still hold Are citizens attachments to their states enough to fend off national encroachments Intergovernmental Relations The changing federal balance of power Intergovernmental relations how national state local gov ts interact Dual Federalism Cooperative Federalism Intergovernmental Relations Dual federalism National state gov ts have clearly delineated jurisdictions A layer cake model of authority Intergovernmental Relations Cooperative federalism National state local gov ts mix resources to solve problems A marble cake of authority Intergovernmental Relations Evolution of American federalism Growing nationalism Dual federalism Ante bellum Civil war Great Depression Cooperative federalism New Deal Era Fiscal federalism Common today Intergovernmental Relations Fiscal Federalism National gov t provides incentives to local gov ts Categorical grants conditional Block grants gives states communities discretion Mandates new requirements for e g No Child Left Behind Intergovernmental Relations Fiscal Federalism Intergovernmental Relations 1994 Republican takeover Rhetoric of devolution Devolution transferring policy responsibility from federal to state local Devolution Why devolution Ideology Constitutionality Efficiency Innovation Devolution Tailored policies v one size fits all policies Arguments against devolution Policy fragmentation can create reinforce cultural fragmentation Wrap Up Which policies are truly national and should be instituted for all Federalism DRAMA Healthcare Taxes Drugs Abortion Gay marriage Immigration Next Policy Variation Adventures Issues in U S Federalism