Federalism

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Federalism
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Definition of Government Structures

• Unitary all government authority comes from
  central government
• local governments derive power form national
  government
• examples UK, Russia

Strengths/Weaknesses?
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Definition of Government Structures

• Confederate a loose alliance or association of
  equal states
• Examples
• the Confederate States of America
• the USA under the Articles of Confederation

Strengths and Weaknesses?
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Definition of Government Structures

• Federal a division of powers between a central
  authority and sub-units (i.e. States, local
  governments)
• Examples
• most Western democracies, including US

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Benefits of Federalism

• Participation allows for multiple access
  points to the government
• Also allows for multiple opportunities to serve
  and for provision of government services

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Benefits of Federalism

• Judicial Benefits division of law between
  national and State/local
• Most civil and criminal law is State/local
• Most trials and law enforcement conducted at
  county level in TX

Johnson County Sheriff Bob Alford
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Benefits of Federalism

• Influence on policy States seen as the
  laboratory of national policy and laws
• Many national policies originated in the States
• i.e. the New Deal policies
• Health services
• No Child Left Behind

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Benefits of Federalism

• Madison proposed that, instead of the absolute
  sovereignty of each state under the Articles of
  Confederation, the states would retain a
  "residual sovereignty" in all those areas which
  did not require national concern.

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Federalism and the Constitution

• Constitution creates a conflict between State and
  national governments
• Article VI the Supremacy Clause

This Constitution, and the Laws of the United
States which shall be made in Pursuance thereof
and all Treaties made, or which shall be made,
under the Authority of the United States, shall
be the supreme Law of the Land and the Judges in
every State shall be bound thereby, any Thing in
the Constitution or Laws of any state to the
Contrary notwithstanding.
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Federalism and the Constitution

• 1819 McCulloch v. Maryland case involves
  whether a State law can supersede a national one
• Chief Justice John Marshall rules in favor of the
  national government when State and national law
  conflict, the national, if constitutional, takes
  precedence

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Federalism and the Constitution

• The Tenth Amendment the Reserve Clause (the
  States Rights Amendment
• Designates those powers not listed in the
  Constitution or deemed appropriate and
  constitutional by the Supreme Court or other
  federal courts are given to the States

The powers not delegated to the United States by
the Constitution, nor prohibited by it to the
States, are reserved to the States respectively,
or to the people.
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Federalism and the Constitution

• Article IV the relations between the States
• States must honor legal proceedings conducted in
  other states
• Examples
• contracts licenses court rulings
• marriages?

Sec. 1 - Full Faith and Credit shall be given in
each State to the public Acts, Records, and
judicial Proceedings of every other State. And
the Congress may by general Laws prescribe the
Manner in which such Acts, Records and
Proceedings shall be proved, and the Effect
thereof.
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Federalism and the Constitution

• Article IV Rights of citizens
• Extradition
• Article also guarantees every State a republican
  form of government

Sec. 2A - The Citizens of each State shall be
entitled to all Privileges and
Immunities of Citizens in the several States.
Sec. 2B - A Person charged in any State with
Treason, Felony, or other Crime, who shall flee
from Justice, and be found in another State,
shall on demand of the executive Authority of the
State from which he fled, be delivered up, to be
removed to the State having Jurisdiction of the
Crime.
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Expansion of Federal Power

• Let the end be legitimate, let it be within the
  scope of the constitution, and all means which
  are appropriate, which are plainly adapted to
  that end, which are not prohibited, but consist
  with the letter and spirit of the constitution,
  are constitutional.
• This provision is made in a constitution,
  intended to endure for ages to come, and
  consequently, to be adapted to the various crises
  of human affairs.

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Types of Grants

• Grants national government payments or
  subsidies to other sub-national units
• Categorical specifically for certain purposes

Education grants for math and science, special
ed, technology
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• Formula based on some type of calculation or
  perceived need most social welfare programs are
  formula grants

Types of Grants
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Types of Grants

• Block Similar to categorical but with less
  restrictions

Highway and road construction Homeland Security
and law enforcement
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Types of Grants

• Project specific programs, like research or
  development limited in scope and length of time

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Types of Powers in the Constitution

• Delegated given to the national government
• Enumerated Articles I, Section 8
• Reserved given over to the States
• Denied Article I, Section 10
• Concurrent powers given to both State and
  national
• Inherent powers given to a government because
  it is a government (i.e. military power)
• Exclusive only the national government