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FEDERALISM

System in which final authority is shared between national and state governments

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Three Approaches:

  • __________ System
  • __________ System
  • __________ System

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Three Approaches:

  • Unitary System: National > State
  • Confederal System: State > National
  • Federal System: powers divided

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Enumerated and Implied Powers

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Protection for state government power

  • Constitution (10th Amendment)
  • Preferences and dispositions of citizens

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National government exercises power through states

  • welfare system
  • interstate highways
  • clean water & air programs
  • military (National Guard)
  • Education (“No Child Left Behind,”

Common Core)

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Federalism: the good

  • built-in flexibility
  • democratic
  • more political activity: people feel more

able to have an impact

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Federalism: the bad

  • historically used to perpetuate racism
  • danger of ruling factions
  • states become “parasitic”

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Key Aspects of Federalism

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National Supremacy

  • Article VI (Supremacy Clause)
  • McCulloch v. Maryland
  • Nullification?
  • Dual federalism
    • Blurring of spheres? (commerce clause)
    • Recent rulings favor states

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Police Power: laws & regulations that promote health, safety, and morals

  • criminal codes
  • children: education, vaccinations
  • regulation of morals (adult

entertainment, etc.)

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Direct Democracy in the states

  • Initiative: allows voters to get legislative

measures directly on the ballot

  • Referendum: enables voters to pass or

reject a legislative measure

  • Recall: allows voters to remove an

elected official

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Federal-State Relations

Fourteenth Amendment’s Due Process Clause:

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No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

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Federal-State Relations

  • mandate: national govt. orders the states:
    • Civil Rights Acts
    • Americans with Disabilities Act
  • intergovernmental lobby
    • categorical grant: federal $ for specific purpose
    • block grant: federal $ with few restrictions
    • results:
      • Competition among states
      • “pork” (large part of federal budget)

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Devolution: states gaining more control over welfare, health care, etc.

  • Republican distrust for national government
  • National deficits --> budget cuts
  • Political popularity