Federalism Chapter 3. Federation (the US and Canada) 2/4/14. Unitary Systems (many countries) Confederation (articles of confederation, EU) VOTERS

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1 Federalism Chapter 3 Unitary Systems (many countries) VOTERS Central Government State and Local Government Confederation (articles of confederation, EU) VOTERS Federation (the US and Canada) VOTERS State and Local Government Central Government State and Local Government Central Government 1

2 Federalism In 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. Federalism It should be no surprise then, that state vs federal rights is one of the defining issues in American political debate Three Qualifications of Federal Systems Geography: The 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). Qualifications of Federal Systems Under the Articles of Confederation, there was no independence. States encroached on the federal government (which had no real power). 2

3 Dual Federalism States 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 Dual Federalism States cannot: Tax imports and exports Coin money Enter into treaties Enter compacts with other states National government can: Coin money Regulate interstate and foreign commerce Tax imports and exports Make treaties Make war Make necessary and proper laws Commerce Clause Quick note: inter vs intra: Inter: between Intra: within Dual Federalism National government cannot: Tax state exports Change state boundaries Impose religious tests Pass laws in conflict with the Bill of Rights. 3

4 Shared Federalism States and national government jointly supply services and share powers. Taxation Borrowing Money Chartering banks and corporations Eminent domain Enforce laws and administer judiciary Dual vs Shared America 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 Examples: truck driver licenses, pollution, inflation, national corporations (the banks), the internet, natural disasters, etc. etc. Some expansion, of course, is political. The Path to Nationalization Certain 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. 4

5 Congress and Federalism Congress 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 (17 th amendment). Voters believed individuals were bribing state legislators to buy senate seats. Congress and Federalism The 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. Congress and Federalism 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. Tenth Amendment 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. 5

6 Historic transfers of policy The 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. Federalism and the states In many cases, states requested federal action. For example: trucking licenses. Races to the bottom: states underbid each other for economic reasons. Example: labor standards. 6