Federalism

• In any answer to questions about federalism, you must
  • Define it
  • Make clear that the relationship between federal and state govt have changed over time often depending on the success or otherwise of the economy
• As a general rule, Republicans tend to support a smaller fed govt role and Democrats a greater fed govt role.
• Definition

The constitutional division of power between the national govt and state govts, each having their defined areas of responsibility. Sovereignty is therefore divided.

Federal and state govts are equal. One is not subordinate to the other

The Supreme Court rules over disputes between them.

Constitutional Basis

• Word federalism is never used in the constitution.
• The constitution is rather vague about state powers therefore leading to fluctuating nature of state-fed relationships. It is not fixed.
• The 3 branches of fed govt have enumerated powers
• Implied power of fed govt ‘make all laws necessary and proper for the carrying into execution the foregoing powers’. Implies a lot of fed power.
• Appears to be contradicted by amendment X
  • The powers not delegated to the United States by the constitution, nor prohibited by it to the states are reserved for the states respectively, or the people.
  • Implies greater states powers
• Amendment XVI (1913) allowed for fed govt to raise taxes.
• Supreme Court therefore interprets constitution and determines state powers.

Delegated powers (delegated to Federal Government)

• Declare War
• Make Treaties
• Coin money
• Regulate interstate and foreign commerce

Concurrent Powers

• Raise Taxes
• Control drugs

Reserved Powers (reserved for the state governments)

• Draw electoral districts
• Determine police powers

Why Federalism?

• Originally 13 independent states. Americans accepted need for a Union, but not prepared to go very far.
• It was a compromise between strong federal government and state rights.
• It was appropriate in a vast, diverse country.

Advantages of state government

• Permits diversity and cultural difference
• Additional (to B of R) protection of citizens against abuse of power by government
• States are able to experiment with policy strategy, which may then be adopted by other states of even fed government. Therefore states acts as ‘policy labs’ (‘states can serve as a laboratory and try novel social and economic experiments without risk to the rest of the country’. Justice Brandeis)
• States become training grounds for national politicians ( G. W. Bush Jn. Clinton, etc)

Disadvantages of state government

• States can frustrate national will and slow down national policy.
• Gridlock, e.g. Civil Rights in 50’s and 60’s,
• increased levels of bureaucracy, costly and slow
• can lead to greater division(civil war slave states vrs non slave states)

Advantages of Federal Government

• Maintains national unity in a country that may otherwise split into nation states
• Fed govt co-ordinates matters between states and resolves disputes between them
• Fed govt takes control of major areas of policy eg foreign policy
• Fed govt can provide support for states in a crisis that could not cope with alone (Hurricane Katrina, 9/11, Gulf of Mexico Oil Spill, etc.)

History of State/federal governments

Dual Federalism(1780’s -1920’s)

• Strong state power
• Fed govt concerned only with money, war and peace

Co-operative Federalism (1930’s 1960’s) Increase in Fed govt power.

• Role of fed government increased significantly
• Great depression increased need for national policy eg public works schemes and states dependant on fed grants
• Partially due to great Democrats ( F.D.R, Truman, J.F.K and L.B. Johnson)
• Many new federal departments created eg. Housing, defence, health and education
• Categorical grants introduced which stipulated how federal grants must be spent by state govt
• Johnson 1060’s-period of ‘creative federalism’. Governors and state legislatures marginalised as fed govt intervened to eliminate poverty.

New Federalism (1970-2000) Decrease in federal government power

• Move towards decentralisation
• Partly due to Republican presidents (Nixon & Reagan) or Democrats with background of governorships.

Nixon-introduced ‘general revenue sharing’. Block grants introduced instead of categorical grants, which gave freedom to states to choose how to spend money.

Carter- Kept block grants. Reduced federal aid to force states to rely on own resources.

Reagan- Reduced fed anti poverty spending. $18 million spending cuts in first 2 years. States to take responsibility for welfare and food stamps, fed runs Medicaid.

Clinton- Economic boom therefore large revenues for states and therefore less reliant on fed.

Bush- (despite being a Republican and former governor) saw increase in fed govt power

• Moves towards greater centralisation again
• 9/11 and need for homeland security
• War on terror
• Financial crisis
• Education-No Child Left Behind
• Disaster management after Katrina

Obama (progressive federalism used to show his approach, e.g. states set their own gas emission, California allowed to enforce tougher level, Bush had not allowed this.

Obama is pro-state partly due to his background in community organisation in Illinois understands value of local action.

Economic situation might perhaps have a more centralising effect than intended. Stimulus package has been criticised by southern governors.

State /federal relationships fluctuate because constitution allows it through vagueness, often dependent on the economy. Fed govt have power over foreign affairs, therefore might appear more powerful in times of international crisis.

Consequences of federalism.

• State laws are often of greater significance to citizens since influence their daily lives.

Legal Consequences

• Laws differ greatly between states, especially on age of marriage, driving regulations, death penalty, drugs, and local taxation. E.g. Oregon has doctor assisted suicide.

Political Consequences

• Each state has different electoral methods.
• Different candidate selection, different mechanisms for polling, e.g punch cards,/touch screen. Montana had 100% postal ballot.
• Contributed to issues of 2000 election.
• Parties are state based. Virginia Republicans are more liberal than South Carolina Republicans, therefore relative lack of party unity in Congress

Economic Consequences

• Complex tax system as both fed and state govts can raise income tax
• Property and sales tax differ between states

Regionalism

• Very distinct cultures in the different regions in the country. E.g. Bible belt very different to New England.