Federalism
CONSTITUTION
Federalism
National/
Central
States
States
States
Political Science 1
Tamina R. Alon, Laney College
Federalism
Goals for this Section:
 Federalism: A political system
in which power is divided
between central and regional
units
 Alternatives to Federalism
 Federalism Over Time
 Your Federal Government
 Federal = National
 Federal = National + State
 Federalism = Power given
to States and Nation
Alternative Systems to Federalism
UNITARY
CENTRAL
AND STATE
GOVTS
CONFEDERAL
“Confederation”
POWER
POWER
POWER
CENTRAL
GOVT
FEDERAL
STATE
GOVTS
Unitary Systems
v. Confederal Systems
 Central government has
all the power
 Examples: Britain,
France, Japan, Denmark,
Norway, Sweden,
Hungary, the Philippines
 Local units are
dependent on central
unit
 Power: can suspend
local lawmaking bodies,
dissolve administrative
units that do not agree
with it
 Local units (states)
hold all the power
 Examples: The United
Nations, The European
Union, America under
the Articles of
Confederation
 Central government is
dependent on local
units for its existence
 Power: requires
cooperation from units
1
Federal System
Why Federalism?
 Central government and state/local units
share power
 Both are dependent on each other
States As Laboratories Theory
 Different states may try different
solutions to common problems and
share the results of their experiments
 Federalism
includes a range
of behaviors, some
FEDERALISM
Which give states
more power, some
which give less
 Examples: Germany, Canada, Mexico,
Australia, Switzerland
American Federalism Over Time:
The Marshall Court
American Federalism Over Time
100
100
90
Strong
80
CENTRAL
70
Power
90
Strong
80
CENTRAL
70
Power
60
50
40
Strong
30
STATE
20
Power
10
0
Chief Justice John Marshall
60
50
40
Strong
30
STATE
20
Power
10
0
1819
1862
1934
•Necessary & Proper = “appropriate”
(McCullough v. Maryland)
•Commerce Clause = Congress can
regulate any kind of business
(Gibbons v. Ogden)
1969
1819
American Federalism Over Time:
The Civil War
100
1862
The Civil War
•Southern states are
denied use of the
Doctrine of Nullification
•Military victory for the
Union declaring
national sovereignty
60
50
40
Strong
30
STATE
20
Power
10
0
1819
1862
1934
1969
1969
American Federalism Over Time:
The New Deal
antiregulation
100
90
Strong
80
CENTRAL
70
Power
1934
90
Strong
80
CENTRAL
70
Power
The New
Deal
Pres. FD
Roosevelt
redefines
govt role as
employer
provider
and insurer
60
50
40
Strong
30
STATE
20
Power
10
0
1819
1862
1925
1934
1969
2
American Federalism Over Time:
Civil Rights
Where Are We Today?:
Recent Trends
100
90
100
90
Strong
80
CENTRAL
70
Power
Strong
80
CENTRAL
70
Power
60
60
50
40
Strong
30
STATE
20
Power
10
0
1819
1862
1934
HOMELAND
SECURITY
50
40
30
Strong
20
STATE
10
Power0
Civil Rights
•14th Am. guarantees national
Govt protection of rights
against State abuses
DEVOLUTION
18
1969
19
18
Recent Trends:
Devolution: the transfer of power from
the federal government to the states
100
90
Strong
80
CENTRAL
70
Power
60
50
40
Strong
30
STATE
20
Power
10
0
1969
1. Pres. Reagan
deregulation
2. Congress federal
budget
difficulties
3. Chief Justice
Rehnquist
supports move
to states’ rights
4. States support it
1980
1990
1997
2000
FEDERAL GOVERNMENT
34
19
69
1
9
80
1
9
90
1
9
97
2
0
01
2
5
00
2
9
00
100
90
Strong
80
CENTRAL
70
Power
60
50
40
Strong
30
STATE
20
Power
10
0
HOMELAND
SECURITY
DEVOLUTION
Tighten national defenses!
2001
2005
2009
What Federalism Looks Like:
FEDERAL GOVERNMENT
Central Government
Central Government
President
LEGISLATIVE
19
Recent Trends:
September 11, 2001
& Homeland Security
1997
What Federalism Looks Like:
EXECUTIVE
62
Congress
Supreme Court
JUDICIAL
sTATE Government
EXECUTIVE
LEGISLATIVE
JUDICIAL
sTATE Government
3
What Federalism Looks Like:
What Federalism Looks Like:
FEDERAL GOVERNMENT
FEDERAL GOVERNMENT
Central Government
Central Government
sTATE Government
sTATE Government
MUNICIPAL/LOCAL GOVERNMENT
Governor
Senate
Assembly
State Court
Mayor
City Council
State Legislature
Loni Hancock
Municipal Courts
Superior
Court of
California
Oakland
Branch
Jean
Quan
Sandre Swanson
FEDERAL
GOV’T
Central
State
(Municipal
/Local)
Judicial
Executive
Legislative
President
Congress
(House &
Senate)
Governor
State
Legislature
(Assembly
& Senate)
State
Courts
Mayor
City Council
Municipal
Courts
(exc. Federal
Courts)
Supreme
Court of
the US
Congressional Strategies for
Influencing State Policies
1.
2.
3.
4.
No Federal Influence
Categorical Grants
Block Grants
Unfunded Mandates
Federalism Works When Central
and State Work Together
1
Central
Congressional
Influence
Authority (Rules) and
Money (Federal Funding)
50
States
States
States
Differences in Congressional
Influence
Rules
Money
No Influence
No
No
Categorical Grants
Yes
Yes
Some
Yes
Yes
No
Block Grants
Unfunded Mandates
4
1. No Influence
2. Categorical Grants
 No rules + no funds = no federal
influence
 States have all power and direct
policy outcomes
 Strict rules + federal funds = federal govt
directs policy outcomes
 Step 1: States are given detailed rules and
compliance instructions
 Step 2: If States comply (red tape), they
are given federal money for the specified
purpose
 e.g. Head Start, Food Stamps, Medicaid
 Categorical grants amount to 80% of all aid
to state and local governments
 States will have different solutions;
inequality will result
3. Block Grants
4. Unfunded Mandates
 Loosely defined rules + federal funds
= state flexibility in shaping federal
policy outcomes
 Step 1: States are given broad
program requirements
 Step 2: States can choose how to use
the funds in that general area
 e.g. Education, State TANF Programs
 Specific rules and compliance regulations
+ no funds = threat of penalty
 Step 1: States are given detailed rules
and compliance instructions
 Step 2: If States fail to comply, they can
lose other, unrelated federal funding, or
incur civil or criminal penalties
 e.g. Withholding 5% of highway funds if
states did not raise drinking age to 21
How Politicians Feel About
Congressional Influence
Preemption: What Happens When
Central and State Clash?
State
Politicians
No Influence
Categorical Grants
Block Grants
Unfunded Mandates
Congress
 The Case of “Medical Marijuana”
Medical
Marijuana
Is Illegal
Federal Controlled
Substances Act
California’s
Prop 215
Medical
Marijuana
Is Legal
5
State Law v. Federal Law
 Clash = decision for Supreme Court
 Court will decide if Federal law preempts
State law
 Gonzales v. Raich (2005)
End
Founding A Political Nation
Understanding the Rules
 Held: Congress' Commerce Clause authority
includes the power to prohibit the local
cultivation and use of marijuana in compliance
with California law.
 Congress may ban the use of cannabis
even where states approve its use for
medicinal purposes.
6