Federalism and State Policies

Unitary System

A centralized governmental system where all authority derives from the national government. Subnational units can be altered or abolished by the central government.
Example: France.

Confederation

A voluntary association of independent states with a weak central government. Most power resides with subnational units.
Example: U.S. under the Articles of Confederation.

Federalism

Power is constitutionally divided between a central government and subnational governments (e.g., states), both with autonomous authority.
Example: United States.

Protection Against Tyranny (Reason for Federalism)

Prevents concentration of power by creating "opposite and rival interests" between government levels.

Policy Diversity (Reason for Federalism)

Allows states to address local issues (e.g., marijuana laws) without uniform national policies.

Conflict Management (Reason for Federalism)

Reduces pressure on the national government by decentralizing policy decisions.

Dispersal of Power (Reason for Federalism)

Safeguards liberty by distributing authority across multiple levels of government.

Increased Participation (Reason for Federalism)

Over 1 million local offices encourage civic engagement and political involvement.

Improved Efficiency (Reason for Federalism)

Local governance (e.g., schools, police) is more practical than centralized control.

Policy Responsiveness (Reason for Federalism)

Competition among states leads to better alignment with citizen preferences (e.g., "voting with feet").

Policy Innovation (Reason for Federalism)

States act as "laboratories of democracy" (e.g., New Deal policies originated in states).

Concentrated Benefits (Reason for Federalism)

Organized interests lobby the national government to secure nationwide policies (e.g., subsidies) efficiently.
Example: Federal legislation imposes uniform regulations.

Dispersed Costs (Reason for Federalism)

Costs of federal policies are spread across all taxpayers, minimizing individual opposition.
Example: Federal tax increases.

State-Centered (1787–1865)

States held primary authority (e.g., slavery policies).

Dual Federalism (1865–1913)

Clear separation of state and federal responsibilities ("layer cake").

Cooperative Federalism (1913–1964)

Shared responsibilities between levels ("marble cake"), e.g., New Deal programs.

Centralized Federalism (1964–1980)

Federal dominance in policymaking (e.g., Great Society programs).

New Federalism (1980–1985)

Reagan-era push to return power to states via block grants.

Coercive Federalism (1985–1995)

Federal mandates directly ordering states (e.g., minimum wage laws).

Representational Federalism

Federalism defined by states’ role in electing Congress/president, not constitutional divisions.

Devolution of Power

Transfer of responsibilities from federal to state governments.
Example: 1996 Welfare Reform Act (TANF block grants).

Supreme Court Revival of Federalism

Rulings limiting federal power under the Commerce Clause (e.g., U.S. v. Lopez, 1995).

Federal Grant-in-Aid

Financial transfers to states/local governments for specific purposes (e.g., Medicaid, highways).

Largest Federal Grant Purposes

1. Health (47.3%): Medicaid.

2. Income Security (18.7%): Welfare, food stamps.

3. Education/Transportation (16.3%/9.8%): Schools, highways.

Federal Mandates

Direct orders requiring states to comply with federal laws.
Examples:

1. Clean Air Act (1990).

2. Americans with Disabilities Act (1990).

3. No Child Left Behind Act (2001).

Unfunded Mandate

Federal mandate without funding for implementation.
Why Unpopular? States bear costs (e.g., ADA compliance).

Example of State Resistance:

Marijuana legalization.
Action: Colorado/Washington legalized recreational use despite federal prohibition. DOJ declined enforcement.

Pre-emption

Federal law overriding state laws.
Types:

• Total: Bans state regulation (e.g., copyrights).

• Partial: Allows state laws meeting federal standards (e.g., OSHA).

Initiative and Referendum

Citizens bypass legislatures to propose/approve laws.
Example: Colorado’s 2012 initiative legalizing recreational marijuana.

Policy Comparison:

1. Taxation: Texas (no income tax) vs. California (progressive taxes).

2. Education Spending: New York (~18,616perpupil) vs. Utah(6,849perpupik).