AP Gov Federalism Lyberger 2015

1. Federalism
AP GOPO

2. Federalism defined
• Federalism is a political system in which power
is divided and shared between the
national/central government and the states
(regional units) in order to limit the power of
government.

5. The Powers of Government in the
Federal System
The distribution of powers in the federal system consists of several parts:
– exclusive powers: only that level of government (e.g. National…to coin
money, States…regulate intrastate commerce)
– shared or concurrent powers: both powers given to both national and
state levels (e.g. levy taxes)
– denied powers: not allowed for that level of government (e.g. states
can’t negotiate treaties with foreign governments, declare war or
regulate interstate commerce. National government can’t regulate
intrastate commerce.)
– enumerated powers: specifically listed powers, also known as
expressed or delegated powers (e.g. regulate foreign and interstate
commerce)
– implied powers: powers implied as necessary and proper to carry out
federal government’s enumerated powers (per Elastic or Necessary
and Proper Clause)
– Inherent powers: powers of national government because it is
sovereign (e.g. Jefferson acquiring territory, the Louisiana Purchase)

6. Enumerated powers of central government
(Artice I, Section 8.) The enumerated powers of
the central government consist of the power
to:
• lay and collect taxes, duties, and imposts
• provide for the common defense and general
welfare of the United States
• regulate commerce with foreign nations, and
among the states, and with Indian tribes
• coin money and regulate the value thereof
• declare war

7. Provisions of the Constitution that recognize the
dominance of the federal government:
• Supremacy Clause: makes the Constitution, federal laws and
treaties the supreme law of the land. (e.g. McCulloch v.
Maryland, 1819)
• Necessary and Proper Clause: enables Congress to pass laws
needed to carry out the enumerated powers. (e.g. McCulloch
v. Maryland, 1819)
• Commerce Clause: give Congress the power to regulate
interstate commerce. (e.g. Gibbons v. Ogden, 1824, Heart of
Atlanta Motel v. United States, 1964)
• General Welfare Clause: enables Congress ‘s spending power
to be used to promote the “general welfare.” (e.g. South
Dakota v. Dole, 1987…withhold portion of federal highway
funds in states with minimum drinking age below 21)

8. State Powers
• Most of State powers come from the Tenth
Amendment that says: "The powers not
delegated to the United States by the
Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the
people."
• These are often referred to as reserve or police
powers. States also have some powers that the
central government also wields called concurrent
powers such as the right to tax, borrow money,
establish courts, and make and enforce laws.

10. Advantages of Federalism
• Multiple layers of government increase potential for political
participation
• (e.g. civil rights advocates appealing to U.S. Congress vs. state
legislatures)
• State an local power centers give interest groups more than one
possible access point
• Promotes innovation: states serve as laboratories (e.g. work
requirements for welfare recipients)
• Encourages diversity on policy questions: death penalty, affirmative
action in college admissions (different states, different policies)
• Avoids concentration of political power
• Keeps government close to the people
• Accommodated already existing state governments

11. Disadvantages of Federalism
• Complexity and fragmentation of politics; so many levels that there may
be frequently low turnout and possible apathy in local elections such as
those for school boards.
• Inequity from one state or locality to another: per pupil educational
spending, welfare benefits, etc.
• Strong state and local constituencies can obstruct or delay
implementation of national policies (e.g. state blockage of desegregation
of public schools with “all deliberate speed.”)
• Conflicts of authority
• Duplication of offices and functions
• Inflexibility inherent in a written constitution

12. See P. 55 Wilson
• Restrictions on the Powers of States (Article 1
Section 10)
• Guarantees by the Federal Government to the
States
• Rules Governing How States Deal with Each
Other

13. Restrictions on the Powers of States (Article 1 Section 10)
• Contract Clause: No State shall enter into any Treaty, Alliance, or
Confederation; grant Letters of Marque and Reprisal; coin Money;
emit Bills of Credit; make any Thing but gold and silver Coin a
Tender in Payment of Debts; pass any Bill of Attainder, ex post facto
Law, or Law impairing the Obligation of Contracts, or grant any Title
of Nobility.
• Export Clause: No State shall, without the Consent of the Congress,
lay any Imposts or Duties on Imports or Exports, except what may
be absolutely necessary for executing it's inspection Laws: and the
net Produce of all Duties and Imposts, laid by any State on Imports
or Exports, shall be for the Use of the Treasury of the United States;
and all such Laws shall be subject to the Revision and Controul of
the Congress.
• Compact Clause: No State shall, without the Consent of Congress,
lay any duty of Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or Compact with another State, or
with a foreign Power, or engage in War, unless actually invaded, or
in such imminent Danger as will not admit of delay.

14. National guarantees to the states by the central
government (Articles I, IV, and V)
• Uniform taxes throughout the United States (I)
• Republican form of government (IV)
• Protections against foreign invasions (IV)
• Protections against domestic violence (IV)
• Respect for the geographic integrity of the
states (IV)
• Equal representation in the Senate (V)

15. Rules Governing How States Deal with Each Other
• Article IV requires states to give “full faith and credit”
to each others’ laws. (Full Faith and Credit Clause)
• States are also required to extradite criminals if
asked by another state.
• Privileges and Immunities Clause
• Interstate Compacts

16. Full Faith and Credit Clause
• Each state obligated to recognize laws, public records
and court decisions of other states (e.g. birth
certificates, marriage licenses, etc.). Not absolute,
though. (e.g. No “quickie divorce” recognition in
some cases; national Defense of Marriage Act did not
require states to recognize same sex marriages, but
Supreme Court ruled in Obergefell v. Hodges that
same-sex marriage is a fundamental right,
overturning a 1972 case precedent.)

17. Privileges and Immunities Clause
• Citizens of one state treated the same as
citizens of other states (e.g. traveling, holding
property, entering into contracts). Reasonable
restrictions are allowed, though. (e.g.
minimum residency period for voting, out-of-
state tuition allowed, licensing to practice
professions. Many states do have some
reciprocity agreements for the latter, though.)

18. Interstate Compacts
• Agreements between and among states are
allowed, including some that require
congressional approval. (e.g. Hot pursuit
agreements, parole and probation
agreements, regulating shared natural
resources.)

19. Types of Federalism
• Dual Federalism (including Dual Sovereignty) or Layer-
Cake Federalism
• Cooperative Federalism (Marble-Cake Federalism)
• Creative Federalism (also known as Centralized
Federalism)
• New Federalism (sometimes called Competitive
Federalism)
• See Federalism Timeline Posted on Edline
• Since 2001, the trend toward devolution seems to have
been reversed…examples: Bush, No Child Left Behind;
Obama, Stimulus program spending.

20. 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.
• Grants-in-aid: Money given by the national government to the
states and local governments
• Revenue sharing was a no strings attached form of aid to
states popular under the Nixon administration (but small in
total dollars). Eliminated by the Reagan administration.

21. 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 (e.g. university
research grants)
– Formula Grants: amount varies based on formulas
(e.g. Medicaid)
• Block Grants: Federal grants with only general guidelines:
given more or less automatically to support broad programs.
(e.g. Welfare program: Temporary Aid to Needy Families)

22. Mandates
• The Mandate Blues
• Mandates are the terms set by the national government that
states must meet whether or not they accept federal grants.
• Conditions of aid are terms set by the national government
that states must meet if they are to receive certain federal
funds
• Unfunded mandates are requirements on state & local
governments- but no money is provided by the national
government (e.g. Americans with Disabilities Act, Clean Air
Act)
• Devolution Revolution
– After 1994 midterm elections, Republican Congress
– Attempted to pass more federal functions to the states
– Also placed limits on unfunded mandates (Unfunded Mandates
Reform Act)

23. Federalism and the Supreme Court
• By the 1980s and 1990s, many Americans
began to think that the national government
was too big, too strong, and too distant to
understand their concerns.
• The Supreme Court, once again, played a
role in this new evolution of federalism.
– For example: Since 1989, the Court has been
allowing states to introduce limitations on the
right to an abortion.