Confederation (articles of confederation, EU) VOTERS
State and Local Government
Federation (the US and Canada) VOTERS
Central Government
State and Local Government
Central Government
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Federalism
Federalism
In
It
Three Qualifications of Federal Systems
Qualifications of Federal Systems
Geography: The
Under
a federated system, authority is divided between two or more distinct levels of government. In the United States the division is between the national (federal) government and the states.
same people and territory are included in both levels of government. Independence: The nation’s constitution protects units at each level of government from encroachment by the other units. Mutual Influence: Each unit is in a position to exert some leverage over the other (for example: redistricting).
should be no surprise then, that state vs federal rights is one of the defining issues in American political debate
the Articles of Confederation, there was no independence. States encroached on the federal government (which had no real power).
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Dual Federalism
Dual Federalism
States
States cannot:
National government can:
and national government preside over mutually exclusive “spheres of sovereignty.” States can: ◦ Run elections ◦ Regulate intrastate commerce ◦ Establish local governments ◦ Powers not delegated to the national government
◦ Tax imports and exports ◦ Coin money ◦ Enter into treaties ◦ Enter compacts with other states ◦ Coin money ◦ Regulate interstate and foreign commerce ◦ Tax imports and exports ◦ Make treaties ◦ Make war ◦ Make “necessary and proper” laws
Commerce Clause
Dual Federalism
Quick
National
note: inter vs intra:
◦ Inter: between ◦ Intra: within
government cannot:
◦ Tax state exports ◦ Change state boundaries ◦ Impose religious tests ◦ Pass laws in conflict with the Bill of Rights.
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Shared Federalism
Dual vs Shared
States
America
and national government jointly supply services and share powers. ◦ Taxation ◦ Borrowing Money ◦ Chartering banks and corporations ◦ Eminent domain ◦ Enforce laws and administer judiciary
has moved from mostly dual to mostly shared as more and more programs are nationalized. Generally this is just due to collective action problems.
Dual vs Shared
The Path to Nationalization
Examples: truck
Certain
driver licenses, pollution, inflation, national corporations (the banks), the internet, natural disasters, etc. etc.
Some
expansion, of course, is political.
things are just difficult for states to provide: food safety standards But it’s also true that mechanisms the founders thought would reign in federal power just haven’t worked out as intended.
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Congress and Federalism
Congress and Federalism
Congress
The
has interpreted its powers broadly – and the courts have supported them. Remember the social security ruling? The Senate is no longer elected by state legislatures (17th amendment).
Supremacy Clause, Article IV: “This Constitution, and the Laws of the United States which shall be made in pursuance thereof shall be the supreme law of the land.”
◦ Voters believed individuals were bribing state legislators to buy senate seats.
Congress and Federalism
Tenth Amendment
The
“The
enumerated powers of congress:
◦ Commerce Clause: “Congress shall have power… To regulate Commerce with foreign Nations, and among the several States…” ◦ Elastic Clause: “Congress shall have power… to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the Government of the United States.”
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.”
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Historic transfers of policy
Federalism and the states
The
In
New Deal: localities were eager to take federal assistance. Many social programs became federal domain. Mostly accomplished under the commerce clause. The War on Poverty: medicaid, TANF, etc. Administered by states, with requirements that had to be met to obtain federal funding.
many cases, states requested federal action. For example: trucking licenses. Races to the bottom: states underbid each other for economic reasons. Example: labor standards.
