chapter 2

• National govt creates sub national governments and gives them power (states, provinces, cantons)
• Sub national govts have NO independent authority but are administrative units

• Central govt has only those powers given to it by sub units
• A loose alliance of sovereign entities
(SWITZERLAND, BELGIUM, EU)

power constitutionally divided between central and sub national government

• Diff levels of govt control same people and territory
• Important policy-making powers at diff levels
• Each level of govt is protected from encroachment by others
• Each unit has the power to influence the behavior of the other

• Larger countries
• Countries w diverse racial, ethnic, linguistic, religious and economic interests
• Countries with longstanding historical divisions
• Federal systems can help maintain national level unity
• This system may be more state centered or more nation centered

Protects against tyranny by further dividing power (federal government, branches, etc.)

Decentralizes political power
• Keeps govt and policymakers closer to the people
• Resists the formation of a national political class

Offers more opportunities for political participation
• More offices and officeholders
• More venues for public involvement

Enables policy diversity and reduces conflict
• Rather than one size fits all, diff policies may be better suited for diff states and their people
• Avoids “winner takes all” policy struggles at the federal level

Potential for conflict w/ national interest
• Public policy can become fragmented, which can impede the ability to address common national problems
Creates complexity and confusion
• Two govts, two sets of rules to follow

May actually reduce govt accountability
• Uncertainty with govt responsible makes it more difficult to effect change
• Govts can deflect blame to each other

Can drive a “race to the bottom “
• Federalism can lead to inter-state competition, similar to that in international politics
• States may try to undercut others, lure away other states businesses, outbidding each other for resources

Creates and preserves inequalities
• In services and policies
• State-state diff in healthcare, public education, labor law, tax structures, minimum wage, social safety net

powers granted to federal govt (tax and spend, regulate commerce, war, tire ties, the post office)

powers noir directly stated in the constitution are implied to be available based on other powers “necessary and proper” clause

- Powers not given by the constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people
- U.S. constitution suggests broad spheres of undefined state power, no limited list of the powers of states
- Many concurrent powers shared with federal government

States have the police power
This is the power to make laws for the general welfare of their communities to advance:
- Health, safety, welfare, morals

Examples of this are: Labor regulations, policing, criminal law, public health, contracts, licensing

Guarantees states’ territorial integrity (article 4 and 5)
The U.S. also guarantees states
- A republican form of govt, protection from foreign invasion, protection from domestic violence
Equal representation in U.S. senate
- Federal countries have bicameral legislatures where 2nd chamber represents constituentegional governments (states)
- But those chambers don’t always have equal authority, the U.S. senate does and is very malapportioned

Election of the president by the Electoral College
Governors’ powers to fill congressional vacancies

Apportionment and redistricting
State legislatures draw U.S. congressional districts

- Horizontal federalism or “interstate relations”
- States obligations to each other include:
- Giving “full faith and credit” to “public records, acts, judicial proceedings” of other states
- Extradition
- Privileges and immunities: States can’t discriminate against citizens and residents of other states

Federal gov’t gives funds to state & local gov’ts to fund projects or programs
•This redistributes money throughout states
•Some states are net recipients; others are net contributors
•Which ones? (https://www.moneygeek.com/living/states-most-reliant-federal-government/ )
•Grants-in-Aid are a powerful national policy tool
•They offer monetary incentives for states to enact certain policies & advance national goals

Clear division b/t national & state functions
•Within their proper sphere of authority, each level of gov’t is sovereign & free to operate without interference from the other
•S.C.O.T.U.S. sought to limit federal gov’t to narrow interpretation of enumerated powers to keep balance
•Characterized by “layer cake” model of authority

Gov’ts mix resources to solve common problems & advance shared interests
•Intertwining of gov’ts & their authority accelerated by:
•Industrialization, the income tax, the World Wars, & the Great Depression
•Exemplified by FDR’s New Deal
•Characterized by “marble cake” model of authority

Fiction of “cooperation” & federal gov’t “assistance” breaks down
•Increasingly, federal gov’t takes lead in setting agenda & objectives
•Not just ‘helping’ w/ state/local problems
•Acting beyond traditional national powers
•Characterized by use of categorical grants & ever-more-stringent grant conditions
•Introduction of unfunded mandates: new conditions, but no new money!

Devolution revolution’ transfers back some policy responsibility to states
•Reduced dependence on federal funds
•More block grants w/ state flexibility & discretion in use of federal funds
•Associated w/ the modern conservative movement
•Reagan & Bush (‘41) administrations & Newt Gingrich’s “Contract with America”
•Legal revival of federalism by SCOTUS
•E.g. Scaling back commerce power

One’s view of federalism adopted based largely on partisan convenience
•Breakdown of association of Reps. w/ state-centered approaches & Dems. w/ nation-centered approaches
•E.g. George W. Bush’s “No Child Left Behind” policy
•E.g. Gov. Gavin Newsom (D-CA) invoking states rights
•Fewer “principled” philosophical commitments to federalism as a constitutional doctrine
•Federalism a nuisance when one’s party is in power
•…suddenly very important when out of power!