What is Federalism?

Federalism is a form of government in which a

constitution distributes powers between a
central government and subdivisional
governments, usually called states, provinces,
or republics. Lower entities such as
municipalities, towns, and districts are created
by the states (or other subdivisional
governments) and have no sovereign power of
their own. The national and subdivisional
governments both exercise direct authority over
individuals.
 Alternatives to Federalism
Unitary Systems (centralized powers)
Confederate Systems (an alliance of
sovereign nations)

Autocracy (dictatorship)
Oligarchy (rule by a small group)
Constitutional monarchy
Government under the Articles of
Confederation, 1781-1788
The confederation was a union of
states in which the central government
received power from the states and had
no direct authority over the people.
In practice, it was unable to force states
to pay the taxes they owed and
remained a weak system of
government.
Government under U.S. Constitution (Federation): 1789 -
The Flow of Power in Three Systems of
Government
 Advantages of Federalism
Federalism checks the growth of tyranny
Federalism allows unity without
uniformity
Federalism encourages experimentation
Federalism keeps government closer to
the people
Training for national officials
More arenas for public participation
 Federal Systems
Advantages
Permits diversity and
diffusion of power
Local governments can
handle local problems better
More access points for
political participation
Protects individual rights
against concentrated
government power
Fosters experimentation and
innovation
Suits a large country with a
diverse population
Disadvantages
Makes national unity difficult
to achieve and maintain
State governments may
resist national policies
May permit economic
inequality and racial
discrimination
Law enforcement and
justice are uneven
Smaller units may lack
expertise and money
May promote local
dominance by special
interests
Number of Governments in the
United States

3,143
 Number of Governments
In America there are close to 89,000
governments.
About half of these units are school or
other special districts, and many of the
remaining governments are townships
and municipalities.
there are over 3,000 counties
50 state governments and one federal
government.
 Quick Assessment
1) The advantages of federalism are that
it
A) creates a unified governmental
system
B) encourages experimentation
C) checks the growth of tyranny
D) All of the above
2) In a unitary system of government, a
constitution places all governmental
power
A) with all of the systems of government
B) with the central government
C) with the localities
D) with the state government
 An Expanding Nation
A great advantage of federalism and
part of the genius and flexibility of our
constitutional systemhas been the
way in which we acquired territory and
extended rights and guarantees by
means of statehood, commonwealth,
or territorial status, and thus grew from
13 to 50 states, plus territories.
 Admission of States to the Union
Louisiana Purchase - 1803
Florida - 1819
Texas - 1845
Oregon - 1846
Mexican Cession - 1848
Gadsden Purchase - 1853
Alaska - 1867
Hawaii - 1898
Philippines - 1898 to1946
Puerto Rico - 1899
Guam - 1899
American Samoa - 1900
Canal Zone - 1904 to 2000
U.S. Virgin Islands - 1917
Pacific Islands Trust Territory
- 1947
Admission of States to the Union
 Formal Constitutional
Framework
The national government has only those
powers delegated to it by the Constitution
The national government is supreme
The state governments have residual powers;
meaning those neither assigned to the national
government nor denied to the states
Some powers are specifically denied to both the
national government and the state government
The U. S. Constitution is the supreme law of the land. It
sets forth arrangements such as checks and balances,
federalism, separation of powers, rule of law, due
process, and the protection of individual rights.
Distribution of Power
(SHARED POWERS)

Set time, place, and manner of

elections
Ratify amendments to the U.S.
Constitution
Take measures for public
health, safety, and morals
Exert powers the Constitution
does not delegate to the
national government or prohibit
the states from using
Establish local governments
Regulate commerce within a
state
 Constitutional Division of Power

Powers delegated to the National

Government
Express powers stated in the Constitution
Delegated powers
Implied powers that may be inferred from
the express powers
Necessary & Proper Clause
Inherent powers that allow the nation to
present a united front to foreign powers
 Delegated National Powers
National Supremacy
War Powers
The power to tax and spend
Federal Mandates
The power to regulate interstate
commerce
Commerce Clause
Constitutional Division of Power

Some Powers Reserved for

the States
To create a republican form of
government
To charter local governments
To conduct elections
To exercise all powers not delegated to
the national government or denied to
the states by the Constitution
Constitutional Division of Power

Some Concurrent Powers Shared by the

National and State Governments

Concurrent
Powers

National State
Government Government

Power To Make Power To Power To

Power to
Tax
and Establish Police
Enforce Laws Courts (Limited)
The power to regulate interstate commerce allowed
Congress to forbid discrimination like this in places
of public accommodation in the 1964 Civil Rights
Act.
 Quick Assessment
1) Congresss ability to control the production,
purchase, sale, rent, or transport of goods,
services, and properties stems from
A) the power to spend
B) the power to tax
C) the war power
D) the power to regulate interstate commerce
2) The power of congress to tax and
spend money is an example of
A) an implied power
B) an express power
C) an inherent power
D) All of the above
3) The four constitutional pillars include
1) the supremacy clause, 2) the war
power, 3) the interstate commerce
clause, and 4) the power to
A) grant titles of nobility
B) pass bills of attainder
C) tax and spend for the general welfare
D) suspend the writ of habeas corpus
4) Which statement best summarizes the role of the
states in the constitutional division of power?
A) States have powers not delegated to the federal
government, except those denied by the
Constitution.
B) Within the scope of its operations, the national
government is inferior to the states.
C) States share all the powers delegated to the
federal government.
D) States have inherent powers over foreign affairs.
 Powers Denied to the States
Making treaties with foreign governments
Keeping troops or ships in time of peace
Authorizing private persons to prey on the
shipping and commerce of other nations
Coining money, issuing bills of credit, or
making anything but gold and
silver coin legal tender in
payment of debts
Taxing imports or exports
Taxing foreign ships
Engaging in war
 Quick Assessment
1) State governments have historically
been strong guardians against
A) segregation
B) discrimination
C) slavery
D) none of the above
2) State governments are
A) stronger than ever
B) continuing to lose power
C) weaker than ever
D) irrelevant

Police Power:
In the U.S., most police power
is reserved to the states.
3) State regulation of their economies
have led some business interests to
call for
A) state compacts
B) decreased federal control
C) increased federal regulation
D) none of the above
 Interstate Relations
Article IV of the Constitution attempts to
resolve potential problems between states
by stipulating the following:
Full faith and credit
Privileges and
immunities
Extradition
Interstate compacts
Political Culture: Reflected in States Policies
Gay couples renew their vows to each other in this ceremony in San
Francisco's Metropolitan Community church.
States must give full faith and credit to each others
public acts, records, and judicial proceedings; extend
to each others citizens the privileges and immunities
it gives its own; and return fugitives from justice.
 The Role of the Federal Courts:
Umpires of Federalism

McCulloch v. Maryland (1819)

Gibbons v. Ogden (1824)
Federal Courts and the Role of States
The Great Debate: Centralists vs. Decentralists
The Decentralist Position - favor state or local
action rather than national action.
The Centralist Position - favor national action over
action at the state and local levels.
The National Courts and Federalism

The Great Debate

Centralists
Abraham Lincoln, FDR Antifederalists, Thomas
Reject the idea that the
Constitution is an
interstate compact
National government is
the government of all
the people
Decentralists
Jefferson, Ronald Reagan
Constitution is a compact
among sovereign states
National government
should not interfere with
activities of the states
Devolution revolution,
states rights
 Defining Constitutional Powers
The Supreme Court
and the Role of
Congress
McCulloch
Affirmed v. Maryland
that the power of Congress is
not strictly limited to the expressed
powers. Marshall held that Congress
has implied powers to carry out the
expressed powers.
This case set the precedent for the Bettmann /Corbis

national government to regulate a wide

range of economic activities. Chief Justice John Marshall:
Let the end be legitimate.
 Types of Federal Grants
In 1996 there was a 2007
shift from categorical in billions
grants to block
grants
$51.5
2 types of
$95
categorical grants:
Formula grants $57.9
Project grants
$216.5
Block grants
Far more flexible Purposes of Federal Grants to
State and Local Governments
Where the Money Goes
Increase in Federal Aid to State and
Local Governments Since 1950

Categorical Strings-Attached
Grants
Formula Grants
Project Grants
Block Grants
Federal Mandates
 Utility of Federal Grants
To supply state and local governments
with revenue
To establish minimum national standards
for such things as highways and clean air
To equalize resources among states
To attack national problems yet minimize
the growth of federal agencies
 Quick Assessment
1) Federal grants serve four purposes, one
of which is to
A) equalize state revenues.
B) provide government with a way to levy
more taxes.
C) supply the Supreme Court with revenue.
D) supply the state and local governments
with revenue.
2) Which type of federal grants "are
allocated by formula and are subject
to detailed federal conditions?"
A) block grants
B) categorical-formula grants
C) project grants
D) revenue-sharing grants
3) If you are not a government agency
but have a proposal for a program, you
might apply for a
A) loan
B) special-funds grant
C) project grant
D) none of the above
4) A rule or regulation handed down to
the states without money attached is
called
A) unfunded mandates
B) unitary government
C) regulatory infringement
D) line-item regulation
Accomplishments of Federal Authority
Civil rights & the War on Poverty
Economic relief
States favor the status quo

The Shift
Toward Central
Government
Spending
 The Politics of Federalism, a
Republican Issue
The Growth of Big Government
The Devolution Revolution: Rhetoric Versus
Reality
New Federalism. Beginning with President Richard
Nixon (19691974), the Republican Party championed
devolution, or the transfer of powers from the national
government to the states. They called this policy
federalism, a new use of the term.
Under current conditions liberals may have pragmatic
reasons to support states rights in some instances, such
as in gay rights issues.
A new survey from
the Pew Research
Center finds wide
gaps in how different
generations view
politics.

Older voters (Silent)

are more
conservative, more
angry at the
government and less
hopeful about the
future of the country.
The Publics View of the Role of
Government

Source: Washington Post, 2008

 Quick Assessment
1) Americans trust in the federal
government has
A) remained unchanged
B) grown in recent years
C) historically been low
D) declined in recent years
2) Those who favor state or local action
rather than federal action are called
A) patriots
B) decentralists
C) confederates
D) unifiers
3) The "devolution revolution" refers to
A) reductions in the power of state
governments
B) reductions in the value of the
American dollar
C) a movement begun by 1974 to shift
federal responsibilities to the states
D) none of the above
 The Future of Federalism
"Federalism has a dark history to overcome. For
nearly two hundred years, states' rights have
been asserted to protect slavery, segregation, and
discrimination."
"One national dumb rule is better than 50
inconsistent rules of any kind," says a lawyer who
represents trade groups in the food industries and
medical devices.
Some evidence suggests that the anti-Washington
sentiment "is 3,000 miles wide but only a few
miles deep."