Transcript Federalism - Crawford's World

Chapter Three
Section 1
Federalism
Governmental Structure
• Federalism: a political system where local
government units can make final decisions
regarding some governmental activities and
whose existence is protected
• Unitary System: local governments are
subservient to the national government
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Chapter Three
Section 2
Federalism
Federalism Over Time
• Dual federalism (Dual Sovereignty?): Both
national and state governments are supreme in
their own spheres, which should be kept separate
• Hard to make distinctions between state and
federal spheres; distinctions between them were
blurred
• The Supreme Court has become the ultimate
final judge of the balance between states’ rights
and the national government
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McCulloch v. Maryland
1819
• John Marshall – Chief Justice
• Could Congress charter a corporation? Yes, even
though this power is not explicitly in the
Constitution (Necessary and Proper Clause)
• Could states tax the national bank? No, because
Federal government derives power from PEOPLE
NOT THE STATES, and “the power to tax is the
power to destroy”
• Enumerated powers could be ‘interpreted’: bank
power found in money/tax/borrow powers
• SUPREME COURT GETS TO INTERPRET!!
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NULLIFICATION
The legal theory that a U.S. State
has the right to nullify, or
invalidate, any federal law which
that state has deemed
unconstitutional.
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State Sovereignty
• State constitutions can be more detailed
• States’ constitutions may provide for direct
democracy rather than a Republic
– Initiative
– Referendum
– Recall
• Police Power
– can do what is not prohibited by the Constitution or
preempted by federal policy, and that is consistent with
its own constitution
– are also responsible for public education, law
enforcement, criminal justice, health, roads, public
welfare, and use of public lands
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Municipalities
• Cities, towns, counties, and districts
have no Constitutional protections.
They exist at the pleasure of the state
government.
– Municipal Corporations
• Dillon’s Rule: Express, Implied, or Essential
– General Act Charter
– Special Act Charter
• Home-Rule Charter
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Chapter Three
Section 3
Federalism
Federal Aid and Federal Control
• Categorical grants
• Mandates
• Block Grants
• Revenue Sharing
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Federal Aid and Federal Control
• Categorical grants for specific purposes
defined by federal law; often require local
matching funds (90/10)
– Conditions of aid: tell state governments what
they must do if they wish to receive grant
money
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Federal Aid and Federal Control
• Mandates: federal rules that states or
localities must obey, generally have little or
nothing to do with federal aid
– Environmental
– Civil Rights (Voting Rights Act, ADA)
• Race, religion, gender, origin, disability
– Educational? (NCLB)
• Legislative or Judicial
• Recent court cases have limited mandates
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Grants in Aid
Required broad congressional coalitions with
wide dispersion of funds, because every
state had incentive to seek grant money
• Leads to
– Special Interest Effect
– Intergovernmental Lobbying
– Pork barrel spending
• earmarks
– Log rolling
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Devolution
• Devolution initiatives returned program
management to the states, with some federal
guidelines, but there is no guarantee of federal
support
• Devolution proponents harbor a deep-seated
ideological mistrust of federal government and
believe that state governments are more
responsive to the people
• Deficit politics encouraged devolution
• Devolution is supported by public opinion, but the
strength of that support is uncertain
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Block Grants and Revenue Sharing
• Block grants (sometimes called special revenue
sharing or broad-based aid) devoted to general
purposes with few restrictions—states preferred
block to categorical grants
– Operational, Capital, and Entitlement
– Cities (CDBG), Law Enforcement (LEAA), Social
Programs (CETA): Unemployment and Welfare
(AFDC)
• Revenue sharing (GRS) requires no matching
funds and can be spent on almost any
governmental purpose.
– Determined by statistical formula
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