Federalism

1
Federalism

• Divides the power of government within the levels
  of government (sep of powers) but also across
  governments (between state and national
  governments)
• Federalist 51 federalism double security
  against majority tyranny

2
Other Forms of Government

• Unitary Government
• Most nations have unitary governments
• Hierarchical power structure
• Authority lies with national government
• Example Britain
• Confederation
• Members join together to achieve common goal
• Only has power lent to it by members
• Members can withdraw support at any time
• Example NATO, Confederate States of America

3
Federalism

• One national government, 50 state governments
• Result Shared power between the federal
  government and the states.
• Examples (Table 3.1)
• Dual sovereignty

4
Validity of Federalism

• Basic Tradeoff between Unitary Government and
  Federalism
• A more centralized system is likely to be more
  uniform, equitable, and accountable
  decentralized system is likely to be more
  democratic and flexible

5
Types of Federalism

• Dual Federalism (United States)
• Layer cake federalism
• Each level is independent and separate from the
  other
• Cooperative Federalism
• Marble-cake Federalism
• Interaction between various levels of government

6
Ways Federal Power Has Been Expanded

• Supremacy Clause national laws superior to state
  laws
• McCulloch v. Maryland (1819)
• Commerce Clause interstate commerce
• Spending Clause power of the purse
• Necessary and Proper Clause (Elastic Clause)

7
Examples

• South Dakota v. Dole (1987)
• Drinking age
• U.S. v. Lopez (1995)
• 1990 Gun-Free School Zone Act
• Katzenbach v. McClung (1964)
• Civil Rights Act of 1964

8
New Federalism

• Nixon New Federalism
• Underlined notion that states were being returned
  authority over their own funds, not granted
  license to spend federal money
• Decentralization of power
• Reagan New Federalism II
• Control over federal programs would be shifted
  more to the states
• George W. Bush
• More state level control over policies (example
  No Child Left Behind ? More state level
  involvement and accountability)

9
Strength of Federalism

• Local control
• Citizens place more trust in local government
• Proximity to Citizens
• Some argue that local govt knows needs of people
  better than federal government
• Innovation and Experimental Lab
• States are laboratories of democracy

10
Weaknesses of Federalism

• Allows local minorities to block the will of 
  national majorities (civil rights)
• Justice varies from state to state (policies)

11
Effects of FederalismPolicy Decisions

• What level of government should make decisions
  about public policy issues?
• Death Penalty
• Gun Control Laws
• Welfare
• Education
• Voting laws
• Marriage
• Alcohol/Tobacco/Drugs