Federalism and Government Structure

Federal and State Government Responsibilities

  • Federal Government Responsibilities:

    • National defense, military, immigration, international trade, interstate commerce, monetary policy, postal service, and admitting new states.
  • State Government Responsibilities:

    • Amendment process for the U.S. Constitution (requires 75% of states for ratification).
    • Administer elections (varying timing and regulations across states).
    • Manage education, health care, banking, corporate law, insurance law, commerce, and inheritance law.

Local Government Structure

  • General Purpose vs. Special Purpose Governments:
    • Handle sanitation, public safety, education, utilities, zoning, and housing issues.

Theories of Federalism

  • Dual Federalism (Layer Cake Model):

    • Federal and state governments have distinct, co-equal powers without overlap.
    • Characterized U.S. federalism from 1790 to 1933, limited by the Great Depression's impact.
  • Cooperative Federalism (Marble Cake Model):

    • Post-New Deal collaboration between national and state governments on policy issues.
    • Overlapping interests; incentivization through funding to ensure state compliance with federal programs.

Federal Devolution

  • Federal Devolution:
    • Process of returning powers to state governments, initiated by conservative politicians (Nixon, Reagan).
    • Shift from categorical grants (specific purpose) to block grants (flexible use) for states.

Immigration Enforcement and Sanctuary Cities

  • Sanctuary cities limit cooperation with federal immigration enforcement, leading to complex local and national dynamics.
  • Detainer Requests:
    • Federal requests to hold unauthorized immigrants; local governments can choose whether to comply.
  • Local policing decisions impact immigrant trust in law enforcement, affecting community safety and cooperation.
  • State and federal governments can influence local policies through funding incentives or penalties.