Types of Federalism and Landmark Cases

Types of Federalism

• Dual Federalism (1789 - 1933): Characterized by a clear separation between national and state governments, limiting federal powers to those explicitly enumerated in the Constitution.
• Layer Cake Metaphor: Dual federalism is often likened to a layer cake to illustrate its distinct separation of powers.
• Commerce Clause Power: Congressional authority to regulate interstate commerce exemplifies dual federalism in practice.

Landmark Supreme Court Cases

• Chisholm v. Georgia (1793): Established that citizens could sue other states, leading to the Eleventh Amendment, which prohibits such lawsuits.
• McCulloch v. Maryland (1819): Confirmed Congress's authority to create a national bank and reinforced the principle of national supremacy over state laws.
• Dred Scott v. Sandford (1857): Declared that slaves were property and invalidated the Missouri Compromise, exacerbating tensions that sparked the Civil War.
• National Labor Relations Board v. Jones & Laughlin Steel Corp. (1937): Affirmed the National Labor Relations Act's alignment with the commerce clause, broadening federal regulatory powers.

Evolution of Federalism

• Cooperative Federalism (1933 - 1964): Described by the "marble cake" metaphor, emphasizing collaboration between national and state governments to deliver services.
• Civilian Conservation Corps (CCC): Example of cooperative federalism, showing how federal programs were implemented at the state level during FDR's New Deal.
• New Federalism (1969 - 2001): Aims to transfer power from federal to state governments through block grants, initiated during Nixon's presidency and continued under Reagan and Clinton.
• Welfare Programs: Illustrate the principles of New Federalism with a focus on state-level decision-making flexibility.

Coercive Federalism

• Definition: Federal government exerts pressure on states to modify policies through regulations and funding threats.
• No Child Left Behind: Notable example of coercive federalism, illustrating federal mandates imposed on states.

Contemporary Federalism

• Picket Fence Federalism: Highlights the collaboration among policymakers across different government levels within specific policy areas.
• Balanced Federalism Era: Characterizes the current federalism landscape, combining elements of cooperative federalism, national supremacy, dual federalism, and states' rights.
• Fiscal Federalism: Pertains to financial transfers from the national government to lower levels, influencing state policies.

Grants and Funding

• Three Types of Grants: Includes categorical, block, and general revenue sharing grants which vary in purpose and allocation authority.
  • Categorical Grants: Designated for specific purposes, such as a mass transit program.
  • Block Grants: Allocate funds to states with discretion on spending within certain policy areas.
  • General Revenue Sharing (1970-1980): Provided states with funds to be spent at their discretion, previously a point of contention among conservatives and liberals.

Additional Concepts

• Unfunded Mandates: Federal requirements for states to act without financial support from the federal government.
• Federal Preemptions: National legislation that overrides state law, based on the Supremacy Clause.
• Competitive Federalism: States compete for businesses by developing favorable policies, which can sometimes lead to negative consequences like weakened environmental regulations.
• Project Grants: Funding avenues for local and state governments seeking support for specific initiatives.