Slide 1Comparative FederalismFederalismThe Constitution and FederalismConstitutional ArrangementModern State and Federal RelationsTrends in FederalismThe Good News About FederalismThe Bad News about FederalismCase Study – The NEW TOWNS ProjectNext: Civil LibertiesFederalismOne of the ways that power is divided is Vertically or between the Federal Government and the StatesComparative FederalismOther Federal systems include; Canada, India, Australia and GermanyThere are also unitary, non-federal states that include; France, Japan, Sweden and ItalyThen there are confederated systems – loose collections of largely independent states – The European UnionThis is like the original United StatesFederalismFederalism is one of the three “great silences” in the ConstitutionThe Tenth Amendment says, “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.”But Article VI of the Constitution also says, “This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.”Article I, Section 3; The U.S. Constitution allocates two Senators for every state, regardless of population. That means that small states are overrepresented in American Government.And that carries over into the Electoral college tooThe Constitution and FederalismAs noted above, the Framers were ambivalent about FederalismThe Civil War was fought over states’ rights and the states lostThe 14th Amendment nationalizes the Bill of RightsThe Supreme Court (being a Federal institution has been generally unsympathetic to states’ rights)However several new justices have indicated that they are more likely to favor a “new federalism”Constitutional ArrangementModern State and Federal RelationsLargely governed by the flow of cash from Washington to the StatesMost states have a balanced budget requirementWhich they don’t really follow themselvesThe Federal Government doesn’t run out of money until it runs out of paperThus, the states try to transfer their expenses to the Federal Government through revenue sharingThe Fight is basically over how much control to impose on Federal revenue sharingThe main revenue sharing program is Medicaid $622 BillionAlso SNAP (Food Stamps) FY 2012 $78 BillionBut there is also TANF (AKA Welfare) FY 2012 $31 BillionAnd, now, Homeland Security and Disaster assistanceWater, highway and other infrastructure projects are often paid for by the Federal governmentThe Issue of “unfunded mandates”Trends in FederalismThe Good News About FederalismCitizens are more comfortable with local controlLocal governments are sensitive to local needsThe States become the laboratory of government – that’s where welfare reform came from (Tommy Thompson and Wisconsin) – Many new ideas of government are created in the statesThe Bad News about FederalismThe smaller the political unit, the more likely it is to be dominated by a factionStates’ rights was often the “code” for local policies of discrimination known as Jim Crow lawsDecentralization leads to the duplication of effort and, thus, is expensiveThere are 159 counties in the State of GeorgiaDecentralization makes it difficult to implement national policiesThe New Towns program of the 1960’sCase Study – The NEW TOWNS ProjectNext: Civil LibertiesJames Madison Presents the Bill of Rights to the First