POLS Chapter 2 Book Notes 9 3 12 Federalism Political system in which national and regional governments share powers and are considered independent equals States are supposed to enjoy a high degree of independence from the central government Power and policy responsibility are distributed throughout any given political system by Unitary Government Political System in which power is concentrated in a central government o Typically have regional or local governments o But these can only exercise the powers and responsibilities granted to them by the central government not the citizens o United Kingdom Confederacy Political System in which power is concentrated in regional governments o Voluntary association of independent sovereign states or governments o Central government depends on regional government for its legal authority o U S has tried this approach twice Articles of Confederation South seceding into the confederacy during Civil War Federal Responsibilities are divided between the two levels of government o Neither level of government is dependent on the other for its power o This type of government is a mixture of Unitary and Confederacy Why Federalism in the U S After experiences with the Articles of Confederation framers of the constitution rejected the possibility of a confederacy because Central government had no power to address economic crisis after Revolutionary War in 1783 and create a nationwide response to the problem Federalists overcame resistance to achieve their goal of creating a stronger national government because of The Annapolis Convention 1786 meeting to establish an interstate trade agreement o Only federalist states sent delegates therefore all agreed upon calling a commission to rewrite Articles of Confederation Shay s Rebellion 1786 protest of MA farmer whose property had been taken by the state government to pay off taxes and other debts Constitutional Convention was called in Philadelphia in summer of 1787 Representative Government Form of government in which citizens exercise power indirectly by choosing representatives to legislate on their behalf Created system of checks and balances in fear of too much concentrated power turning into a tyranny States remained independent decision makers in wide range of policy arenas Advantages Allows for flexibility among state laws and institutions Reduces conflict because states can accommodate citizens interests Allows for experimentation at the state level Enables the achievement of national goals Federalism Disadvantages Increases complexity and confusion Sometimes increase conflict when jurisdictional lines are unclear Duplicates efforts and reduces accountability Make coordination difficult Creates inequality in services and policy Constitutional Basis of Federalism Division of powers between national and state governments Enumerated Powers Grants of authority explicitly given by the Constitution o National Supremacy Clause Article VI Section 2 Federal law takes precedence over all Preemption Process of federal government overriding areas regulated by state law o Exclusive Powers Article I Section 8 Powers given by Constitution solely to the federal Regulate commerce declare war raise and maintain army o Concurrent Powers Powers that both federal and state government can exercise Tax borrow spend o Implied Powers Broad but undefined powers given to the federal government by the other laws government Constitution General Welfare Clause Implied power giving Congress authority to provide for the general welfare Necessary and Proper Clause Implied power giving Congress right to pass all laws considered necessary and proper to carry out the federal government s responsibilities as defined by the Constitution Obligations of the states o Full Faith and Credit Clause Requiring states to recognize each other s public records o Privileges and Immunities Clause Prohibiting states from discriminating against citizens and acts as valid of other states Protects travelers Anti Federalists troubled by lack of talk about state s powers Madison and Federalists promised that to be the next order of business Hence the Bill of Rights Tenth Amendment Guarantees powers be reserved for states and people Fourteenth Amendment Guarantees individuals rights and privileges of citizenship and equal protection Powers are strongly determined by interpretation of the Constitution by the Supreme Court Dual Federalism Idea that state and federal governments have separate and distinct jurisdictions and responsibilities Federalists v state s rights advocates o Hamilton v John Calhoun Compact Theory Idea that the Constitution represents an agreement among sovereign states to form a common government o John Calhoun o Much like Articles of Confederation o Nullification Process of a state s rejecting a federal law and making it invalid within Key cases that related to the determination of the meaning of the Constitution McCulloch v Maryland State bank attempted to shut down national bank due to business loss Scott v Sanford Slave sewed for his freedom after his master moved them into a free state and later died state borders o John Marshall o Federal Government o Roger Taney o State Government Cooperative Federalism Notion that it is impossible for state and national governments to have separate and distinct jurisdictions that both levels of government must work together Roosevelt s New Deal Centralized Federalism Notion that the federal government should take the leading role in setting national policy with state and local governments helping to implement the policies Lyndon B Johnson s Great Society program Categorical grants Federal grants in aid given for specific programs that leave states and localities with little discretion on how to spend the money Crosscutting Requirements Constraints that apply to all federal grants Crossover Sanctions Federal requirements mandating that grant recipients pass and enforce certain laws or regulations as a condition of receiving funds o Drinking age 21 Highway funds Unfunded Mandates Federal laws that direct state action but provide no financial support for that action New Federalism Belief that states should receive more power and authority and less money from federal government Ronald Reagan o Cut money given to states o Gave power to states Block Grants Federal grants in aid given for general policy areas that leave states and localities with wide discretion on how to spend the money within the
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