Federalism

1. Federalism

2. Defining Federalism • What is Federalism? • Definition: A way of organizing a nation so that two or more levels of government have formal authority over the land and people. • Intergovernmental Relations- • Definition: The workings of the federal system- the entire set of interactions among national, state and local governments.

3. Defining Federalism

4. Defining Federalism • Why is Federalism So Important? • Decentralizes our politics • More opportunities to participate • Decentralizes our policies • Which government should take care of which problem? • States can solve the same problem in different ways.

5. The Constitutional Basis of Federalism

6. The Constitutional Basis of Federalism The Supreme Court is the umpire in the federal system. One of its chief duties is to apply the supremacy clause. The Supremacy Clause shows that the Constitution is most important or most supreme.

7. The Constitutional Basis of Federalism

8. Hurricane Katrina and Federalism http://www.pbs.org/wgbh/pages/frontline/storm/view/ Disaster Outrage Response Response

9. Admitting New States • Only Congress has the power to admit new States to the Union. • Congress first passes an enabling act, an act directing the people of the territory to frame a proposed State constitution. • If Congress agrees to Statehood after reviewing the submitted State constitution, it passes an act of admission, an act creating the new State.

10. Intergovernmental Relations Today • Cooperative Federalism • Definition: A system of government in which powers and policy assignments are shared between states and the national government. • Shared costs • Shared administration • States follow federal guidelines

11. Federal Grants-in-Aid • - Grants of federal money or other resources to the States and/or their cities, counties, and other local units. • Schools and colleges, roads and canals, flood control work, etc. • Morrill Act of 1862 • Allowed for several colleges to be founded • $250 billion a year or 25 % of all State and local government spending each year.

12. Revenue Sharing In place from 1972-1987 (shut down by Reagan) Congress gave an annual share of the huge federal tax revenue to the States and their cities, counties, and townships. The money could not be spent for any program in which discrimination on the basis of race, sex, national origin, age, religious belief, or physical disability was evident.

13. Intergovernmental Relations Today • Fiscal Federalism • Definition: The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments. Figure 3.2

14. Intergovernmental Relations Today • Federal Grants to State and Local Governments (Figure 3.1)

15. Intergovernmental Relations Today • Fiscal Federalism continued: • The Grant System: Distributing the Federal Pie • Categorical Grants: Federal grants that can be used for specific purposes. They have strings attached. • Project Grants- based on merit • Formula Grants: amount varies based on formulas • Block Grants: Federal grants given more or less automatically to support broad programs. • Grants are given to states & local governments

16. Intergovernmental Relations Today • Fiscal Federalism continued… • The Scramble for Federal Dollars • $350 billion in grants every year • Universalism- a little something for everybody • The Mandate Blues • Mandates are the “strings” attached to federal money • Unfunded mandates are requirements on state & local governments- but no money

17. Advantages for Democracy Increasing access to government Local problems can be solved locally Hard for political parties / interest groups to dominate ALL politics Disadvantages for Democracy States have different levels of service Local interest can counteract national interests Too many levels of government- too much money Understanding Federalism

18. Understanding Federalism • State Welfare Benefits

19. Understanding Federalism • Spending on Public Education (Figure 3.4)

20. Understanding Federalism

21. Understanding Federalism • The Public Sector and the Federal System (Figure 3.5)

22. Interstate Compacts No State may enter into any treaty, alliance, or confederation. However, the States may, with the consent of Congress, enter into interstate compacts—agreements among themselves and with foreign states. More than 200 compacts are now in force, and range in a variety of uses from sharing law-enforcement data to resource development and conservation.

23. Full Faith and Credit • The Full Faith and Credit Clause of the Constitution ensures that States recognize the laws and, documents, and court proceedings of the other States. • There are two exceptions to the clause though: • (1) One State cannot enforce another State’s criminal laws. And, • (2) Full faith and credit need not be given to certain divorces granted by one State to residents of another State.

24. Extradition • Governors are the State executives that handle the extradition process. • If a governor is unwilling to return a fugitive to a State, federal courts can intervene and order that governor to do so. Extradition is the legal process by which a fugitive from justice in one State is returned to that State. Extradition is upheld through Article IV, Section 2, Clause 2 of the Constitution.

25. Privileges and Immunities The Privileges and Immunities Clause provides that no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States. States cannot, for example, pay lower welfare benefits to newly arrived residents than it does to its long-term residents, Saens v. Roe, 1999. However, States can draw reasonable distinctions between its own residents and those of other space, such as charging out-of-State residents higher tuition for State universities than in-State residents.