Federalism: A changing concept

1
Federalism A changing concept

• The division of authority between federal and
  state governments.
• Some define federalism as the division of
  sovereignty.
• A new concept devised with the express purpose of
  sharing power.
• States existed first in this land.

2
Federalism continued

• Not a fixed principle but an evolving concept
  that is driven by public opinion and the
  evolution of our society.
• The relationship between the 2 governments is
  impacted by change.
• Framers never envisioned computer fraud, drug
  abuse, etc.

3
Division of Powers

• Framers had to safeguard state interests for
  ratification, but wanted a strong central
  government.
• Gave designated and implied authority (necessary
  and proper clause) to the fed and left the rest
  to the states. (reserved powers)
• 10th Amendment grants powers not given to the fed
  to states.

4
Shifting Balance of Power

• The powers (not authority) of each level of
  government has shifted both ways throughout our
  history.
• The Framers view (and most people of the time)
  thought if the fed and state disagreed, the fed
  had the upper hand. This definition of the
  balance held until the 1930s.
• Commonly called Nationalist view.

5
Balance of Power continued

• Nationalist view of government is generally tied
  to the Laissez-faire (hands off) view of
  capitalism.
• States rights generally viewed as subjugated to
  the federal government.
• Very little government intervention into economic
  areas.
• What changed this attitude? Great Depression and
  the New Deal.

6
Federal Powers and the New Deal

• New Deal programs greatly extended the sphere of
  influence of the federal government. Based this
  expansion of power on the necessary and proper
  clause of Article 1 and the power to promote the
  general welfare given in the Preamble.
• Great Depression gave cause for the fed to become
  involved in the economy.

7
Gradual Change in Power

• The New Deal (and the powers given to the fed)
  began a huge expansion of federal powers and
  forays into the economic arena. Spending, and
  the required taxation increased dramatically.
• Role of the fed began to change from uninterested
  keeper of the country to a problem solver.
  Addressed perceived economic, environmental,
  equity, and income disparity issues.

8
Winds of Change

• With increased federal government money came
  demands that state tailor programs to meet fed
  guidelines.
• This carrot and stick approach led expansion of
  the power of the fed to control public policy.

9
States Rights

• The most recent trend in federalism is toward
  states rights. Remember, the definition is
  driven by public opinion.
• Doubts about the feds success in dealing with
  various perceived ills.
• Concern with the reach of the fed.
• Enormous expense of programs.
• General mistrust of the fed.
• Representatives seen as too distant.