Meaning of Federalism

Refers to the legal and political relationships among two or more units of government that operate at different levels

Relationship:

Between state and federal governments

Between and among state governments

Between local governments (i.e., cities, counties, etc) and federal government
 

Responsibility for governing is shared between one national government and multiple subnational units

Washington, DC, and the fifty state governments
 

Contrast to unitary systems

Great Britain

One central government wields all governing authority throughout the nation
 

Distribution of Powers

To understand federalism, must review U.S. Constitution

Provisions on intergovernmental relations

Some empower the national government

Others limit national government powers

Balance between the powers of the national and state governments
 

Provisions of the United States Constitution

Article I, Section 8 of U.S. Constitution

Powers granted to national government

Also known as exclusive powers

Provide national defense

Coin money

Regulate interstate commerce

Etc.

"Necessary and proper" clause

Congress has power to enact laws required for executing the powers granted to the national government
 

Supremacy clause (Article VI of U.S. Constitution)

Constitution, laws, and treaties of the national government are supreme

National trumps state and local laws when in conflict

National laws are "Supreme Law of the Land."
 

Constitutional limits on state action

State governments are prohibited from some activities

States cannot enter into treaties with foreign governments

States cannot coin money

States cannot grant titles of nobility
 

State powers not described by Constitution

States existed before Constitution

Founders did not feel it was necessary to identify state powers

Anti-Federalists (those opposed to a strong central government) thought otherwise

Bill of Rights includes the Tenth Amendment

States that any powers not given to the national government remain the authority of state governments or the people

Known as reserved powers
 

Concurrent Powers

Powers shared by the state and national governments
 

An Historical look at Intergovernmental Relations

Intergovernmental relations has evolved

Civil War

Height of intergovernmental tensions

Questions about the proper role of the national government

How limited were the state governments?
 

Dual Federalism (layer-cake federalism)

From the founding of the nation through about 1930

Powers of the national government were exercised more or less independently from those of the states

Important issues:

States' rights

Nullification

Secession

Layer-cake federalism

Each layer of government performed its functions and exercised its powers mostly separate from the other
 

Growth of local governments during this period

Cities like New York and Philadelphia

Little mention in the Constitution

Cities grew because of the Industrial Revolution and immigration

Need local government to provide services

Public safety

Roads and streets

State governments too far away to provide services
 

Cooperative federalism

1930 to about 1960

Increased interaction among national, state, and local governments

Caused by Great Depression and World War II

Unemployment solutions pursued by all levels of government

Large-scale public works projects

Parks, highways, and other projects constructed with federal funds granted to states and localities
 

Creative federalism

Early 1960s and through the 1970s

Great Society

President Johnson and Congress tried to fight poverty, crime, illness, and other social problems

National government provided most of the funding

States and localities supplied the administrative support and manpower for execution
 

"Marble-cake federalism"

Intergovernmental relations during the periods of cooperative and creative federalism

Extensive mixing and sharing of responsibilities for executing federally funded programs
 

Competitive federalism

Since the 1980s

Relations among actors at the different levels are tense and unsettled

National government has worked to reduce its role in state and local government

State and local governments continue to ask for federal assistance

Mandates

Congress requires the state and local governments to take a regulatory action

Carrot-and-stick approach

"Take action and continue to receive federal funds"
 

Resurgence of State Government

1980s trend was the resurgence of state governments as actors

State level policy innovation

"States are laboratories for democracy"

States experiment with ways to deliver services

If successful, other states adopt innovations

States give money to local governments

States had to act because federal government was cutting spending

Local governments also encountered difficult financial situations
 

Republicans in Texas believe in states' rights

Democrats more likely to accept role of federal government in state activities
 

Is federalism dead?

Do states have a role in the federal system in the United States?

What is the relationship between the states and local governments?