Federalism

• Divides the power of government within the levels of government (sep of powers) but also across governments (between state and national governments)

• Federalist 51: federalism = “double security against majority tyranny”

Other Forms of Government

• Unitary Government

– Most nations have unitary governments

• Hierarchical power structure

• Authority lies with national government

– Example: Britain

• Confederation

– Members join together to achieve common goal

• Only has power lent to it by members

• Members can withdraw support at any time

– Example: NATO, Confederate States of America

Federalism

• One national government, 50 state governments

• Result: Shared power between the federal government and the states.

• Examples: (Table 3.1)

Validity of Federalism

• Basic Tradeoff between Unitary Government and Federalism

– A more centralized system is likely to be more uniform, equitable, and accountable
decentralized system is likely to be more democratic and flexible

Ways Federal Power Has Been Expanded

– Supremacy Clause: national laws superior to state laws

• McCulloch v. Maryland (1819)

– Commerce Clause: interstate commerce

– Spending Clause: power of the purse

– Necessary and Proper Clause (“Elastic Clause”)

Examples:

• South Dakota v. Dole (1987)

– Drinking age

• U.S. v. Lopez (1995)

– 1990 Gun-Free School Zone Act

• Katzenbach v. McClung (1964)

– Civil Rights Act of 1964

Types of Federalism

• Dual Federalism (United States)

– Layer cake federalism

– Each level is independent and separate from the other

• Cooperative Federalism

– Marble-cake Federalism

– Interaction between various levels of government

New Federalism

• Nixon: New Federalism

– Underlined notion that states were being returned authority over their own funds, not granted license to spend federal money

– Decentralization of power

• Reagan: New Federalism II

– Control over federal programs would be shifted more to the states

• George W. Bush:

– More state level control over policies (example: No Child Left Behind à More state level involvement and accountability

Strength of Federalism

• Local control

– Citizens place more trust in local government

• Proximity to Citizens

– Some argue that local gov’t knows needs of people better than federal government

• Innovation and Experimental Lab

– States are “laboratories of democracy”

Weaknesses of Federalism

• Allows local minorities to block the will of  national majorities (civil rights)

• Justice varies from state to state (policies)

Effects of Federalism:
Policy Decisions

• What level of government should make decisions about public policy issues?

– Death Penalty

– Gun Control Laws

– Welfare

– Education

– Voting laws

– Marriage

– Alcohol/Tobacco/Drugs