What is Federalism?

-Federalism was the compromise between the Federalists and Anti-Federalists at the Constitutional Convention.  Gov’t is divided   between the nat’l and subnat’l levels.  State gov’ts are most imp. level.  Ea. Level has own powers and responsibilities but often overlap.  Citz must obey both.  Also get to vote for both levels.

Decentralized Gov’t

-Fed. System decentralizes power.  Opportunities for political participation (run for office or campaign for candidate).  Public involvement (elect local, state, and fed. Reps).  Access (gov’t more responsive cuz more interests can be represented).  Decisions can be made @ lower levels (Fed. Gov’t can concentrate on fewer issues).  Parties can function on 2 levels (loss of 1 election not serious setback)1 party won’t dominate whole system). Intergov’t relations esp. imp. (elaborate communication necessary to share power).

Decentralized Policy

-Policymaking shared between levels (states innovators-try out new laws).

-Policies can be made separately (Ex: family & social issues usually addressed by state laws).

-Policies discussed @ both levels (Ex:  issues of economy, environment & equality).

-Debate arises over which level has authority (court system determines whether a state or fed. law is constitutional).

-powers reserved for Fed. Gov’t-coin $, regulate economy & foreign & interstate commerce, declare war, manage nat’l military, direct foreign relations.

-powers reserved for state gov’ts-create local level of gov’t, regulate intrastate commerce, hold elections, ratify amendments, conduct social policymaking.

-Powers shared-make & enforce laws, collect taxes, maintain courts, allocate $ for public needs, propose amendments

Constitutional basis of Federalism

-Supremacy clause-in Article VI, asserts authority of Nat’l gov’t over states (supreme law of the land).

-Tenth Amendment-in Bill of Rights, grants all powers not specifically reserved for nat’l gov’t to states, often cited in arguments for states rights.

-Enumerated Powers-in Article I, Sec. 8, powers granted to Nat’l gov’t, & specifically to Congress.

-Implied Powers-established by McCulloch v Maryland (states ag. Nat’l bank), Ch. Justice John Marshall ruled ag. States & reinforced supremacy of nat’l gov’t, Elastic Clause (also called necessary & proper clause) in Article I Sec. 8 gives Congress authority to pass any laws necessary to carry out duties enumerated in Const. (allows Congress to act on implied powers), Gibbons v Ogden expanded congressional power to regulate commerce.

-Full Faith and Credit Clause-in Article IV Sec. 1, requires ea. State to formally recognize judgements of courts in other states, helps put state laws under nat’l umbrella.

-Extradition-Article IV sec. 2-requires return of fugitive criminals arrested in 1 state to the state in which crime was committed.

-Privileges & Immunities Clause-Article IV Sec. 2, helps unify states (all citz treated equally when traveling state to state

Intergov’tmental Relations Today

-Dual fed. (some responsibilites don’t overlap) “layer cake”

-Cooperative fed.-shared costs (to receive fed. aid states help pay for program), fed. guidelines (to get funding, states have to follow fed. Rules like education and transportation) “marble cake”

-Fiscal fed.-system of distributing fed $ to states.  About ¼ of states spending comes from fed. aid, $ comes from categorical grants $ block grants which allows for more spending discretion, mandates can create economic hardships for states when unfunded.