Define federalism
The division of power among local, state, and national governments
Who established federalism ?
- Federalist Papers
- The Constitution
- Early supreme court decisions
What did the federalist papers argue for?
A stronger central government that would not be sooo strong as to strip all power from the states, but there would be an equilibrium.
Dual Federalism (as set forth in Constitution)
- Powers delegated to federal government based upon articles I, II, III, IV, VI
- Powers reserved to states based on articles VI and 10th amendment
What are the early supreme court cases delineating federalism?
McCulloch v. Maryland
Dartmouth v. Woodward
Gibbons v. Ogden
McCulloch v. Maryland
States cant tax national gov. Institutions
Dartmouth v. Woodward
States cant invalidate private contracts
Gibbons v. Ogden
States cant regulate interstate commerce
What is the upshot of the 3 cases?
National government supremacy over the states
Why were the 3 cases made even though the constitution is clear about powers belonging to the national gov and states?
The cases represent real world conflicts over how the powers would be sorted and which level would command which powers
Where did the former colonies belong?
- to a confederation
- states were largely sovereign and the national government was neutered (states loosely linked)
What are most European democracies?
- unitary(local control)
- national gov authority extends down to local level
Why is a federal system the only system the framers could adopt?
The U.S. wanted local control, but not a centralization of power (best fit for this psychology)
Example of federalism in U.S.
National: Department of Education
State: Ohio Department of Education
Local: Boards of Education
-all have distinct purviews, but there is some overlap
Timeline of Federalism
1790s-Civil War: Dual Federalism Civil War-1930s: Dual Sovereignty 1930s-1960s: Cooperative Federalism 1960s: Creative Federalism 1968-1994: New Federalism (Fiscal) 1994-2008: Devolution 2008-present: Regulation
Dual Federalism
- laid out in Constitution
- layer cake federalism: simple, don’t meddle in each others affairs
- spheres of authority are largely separate and distinct, but there is some overlap
Dual Sovereignty
Version of Dual Federalism where there is the least possible cooperation between state and national gov
Cooperative Federalism
- marble cake federalism
- characterized by national government creating and funding programs with the state governments administering them
Creative Federalism
- version of cooperative federalism marked by the following traits:
1) cost sharing of programs between national and state gov
2) Dual administration of programs
What is an example of creative federalism?
Medicaid
Competitive Federalism
- national gov imposes demand on state gov
1) demands may involve threat of punishment for non-compliance
2) demands may involve crossover requirements: states get $ from national gov. in return for some favor
What is an example of Competitive federalism ?
21 isnt national drinking age, but states make it 21 to get $
Fiscal Federalism (New)
- version of competitive federalism
- involves giving money to the states on the condition that the states spend it in a certain way
What are the 3 types of fiscal federalism?
Categorical grants, block grants, revenue sharing
