American
Government
Chapter 3
Federalism and Intergovernmental
Relations
Limits on Government: Framework of Constitution
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Separation of powers divides government
against itself, and forces it to share powers.
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Federalism
Checks and Balances
Individual Rights define people separately
from the government.
Bill of Rights
{ Claims to identity: freedoms of speech,
press, assembly, and property (happiness)
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Vice Presidency
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Example of struggle over national
vs. states’ rights
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Role of VP as President of the Senate
This violated separation of powers
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representation
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Federalists Versus Antifederalists
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Federal balance of power was at the
heart of the constitutional struggle.
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Federalist No. 46
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Separation of Powers
Separation of Powers
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Division of Power Among Branches of
Government
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Legislative
Executive
Judicial
Federalism
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87,000+ governments in the United
States
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Federalism is the system of rules for the division of
public policy responsibilities among a number of
autonomous governmental agencies.
"Which can do what?" In other words, which level
of government (state or federal) should perform
what function or service?
Federalism is not written into the Constitution, but
was intended by the founders.
Governments in the United States, 2002
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National Government Æ 1
State Governments Æ 50
County Governments Æ 3,034
Municipal Governments Æ 19,431
Township Governments Æ 16,506
School Districts Æ 13,522
Special Districts Æ 35,356
Basis for Federalism
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Constitutional
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Article I, Section 8Æ "necessary and proper" clause
Article I, Section 8 Æ Commerce clause
Article IV, Section 4
Article VI
States: Tenth Amendment, "powers reserved to
the states“
Supreme Court decisions
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McCulloch v. Maryland (1819)
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Gibbons v. Ogden (1824)
Dual Federalism (1789–1937)
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Two layers of government with separate
and distinct responsibilities acting
independently in their own spheres.
State government: fundamental unit of
governance
Concurrent powers
Cooperative Federalism (1937–1975)
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Sharing of responsibilities between state
governments and the federal government
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Developed out of New Deal era (1937) with a
new trust for government
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Several Supreme Court decisions gave
Congress power to regulate local matters
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NLRB v. Jones & Laughlin Steel Corp. (1937)
allowed Congress to regulate local commerce.
Shared Authority
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Dual & Cooperative
Federalism
Tax
Borrow money
Charter banks and corporations
Take property
Enforce laws and administer a judiciary
NATIONAL GOVERNMENT
STATE GOVERNMENTS
Exclusive Powers
Exclusive Powers
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Coin Money
Regulate interstate and foreign commerce
Tax imports and exports
Make treaties
Make all laws “necessary and proper” to
fulfill responsibilities
Make war
Regulate postal system
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Run elections
Regulate intrastate commerce
Establish republican forms of state and
local governments
Protect public health, safety, and morals
All powers not delegated to national
government or denied to the states by the
Constitution
Powers Denied
Powers Denied
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Tax state exports
Change state boundaries
Impose religious tests
Pass laws in conflict with the Bill of Rights
Tax imports and exports
Coin money
Enter into treaties
Impair obligations of contracts
Enter compacts with other states without
congressional consent
Cooperative Federalism
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Grants-in-aid
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Block Grants
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Categorical Grants
Regulated Federalism (1975–Present)
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Federal government can set national standards or
goals and coerce states into complying with them
through use of block grants.
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Block grants allocate money to states based on guidelines.
Average 25 percent of state budget
Money can be withheld until a state complies with
national guidelines (seat belt laws, drinking age,
and speed limits.)
National standards are necessary for certain
policies.
Expansion of federal government did not come
at the expense of all of the states' power.
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There are national goals, but thinking on
how to achieve goals still varied by state.
For Example, the death penalty is allowed
by national law, but states vary on
implementation of it.
Returning Power to the States: Devolution
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Nixon, Carter, and Reagan Administrations initiated “new
Federalism
Republican Revolution in 1994 also pushed “new
Federalism”
United States v. Morrison (2000) declared a Congressional
Act unconstitutional because it imposed a new obligation
on a state (protecting women's civil right to be free from
gender-motivated violence, i.e. sexual assault).
United States v. Lopez (1995) limited national exercise of
the commerce clause. This decision also preserved states’
rights by limiting the ability of the federal government to
intervene at the state level.
Is Federalism Good or Bad?
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Encourages political participation
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87,000+ governments provide multiple entry
points for citizens
Diversity of viewpoints from different levels
{ Prevents tyranny through division of powers
{ Creates jurisdiction conflicts
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Overlapping nature of federalism
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State and local conflicts
Unfunded mandates
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National laws implemented by the states
without any federal money