11GOV Q1 Ch06.pdf

CHAPTER 6 The FEDERAL GOVERNMENT Fifty state governments and over 80 000 local governments also govern the United States. Federalism directs the relationships among these governments. Federalism is a system in which governmental power is divided into two or more levels, usually a central...

CHAPTER 6 The FEDERAL GOVERNMENT Fifty state governments and over 80 000 local governments also govern the United States. Federalism directs the relationships among these governments. Federalism is a system in which governmental power is divided into two or more levels, usually a central government and component state governments. This is a horizontal division, whereas the executive/legislature/judiciary is a vertical division of power. Although they are distinct, the two levels of government often overlap in responsibilities. Federalism is based on the idea that limited government restrains tyranny and that one way to limit government is to divide power among several entities. The national government addresses national needs, whereas state and local governments are to serve state and local needs. I.The Partitions of Power The division of power between national and state governments gives both levels specific powers, and both are denied certain powers through constitutional limitations. The national government has delegated powers (powers specifically given by the Constitution) that define the limits of its authority. This delegated authority of the national government takes two forms: enumerated powers and implied powers. Enumerated powers are specifically granted by the Constitution. Implied powers are not spelled out in the Constitution, but are instead derived from the enumerated powers. Although not specifically permitted by the Constitution, certain actions may be necessary or convenient in exercising enumerated powers. State Power The powers not delegated to the national government nor denied to the states, are reserved for the various states and citizens. The reserved powers provide states with considerable freedom to exercise authority as they choose. They establish, for example, systems of public education and infrastructure (e.g. roads), and ban or permit liquor sales to eighteen-year-olds. Authority over those areas is not given to the national government or denied to the states; therefore, the states may exercise power in those areas. Certain businesses might decide to locate in a particular state because its laws are more favorable to their industry than are those of other states. Although each state has considerable power over its own affairs, there are limits to its authority. The Constitution places specific restrictions: The Bill of Rights places restrictions on both state governments and the national government. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved for the states respectively, or for the people. No government within the federal system may deny a citizen such constitutional rights as freedom of worship and the right of due process. In addition, power not given to the national government or assumed by state governments, is reserved for the people; that is, where no law prohibits a certain action, citizens are free to claim that freedom. Within each state is a variety of local governmental units, such as counties, cities, and townships (or ‘municipalities’). Local governments are not mentioned in the Constitution. Units of government have served primarily to implement state laws. “The Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. Under the U.S. federal system, the states have the constitutional right to pass their own legislation and judge their own cases, but their laws and judicial rulings cannot contradict national law or Supreme Court rulings.” States play a much more important role in the lives of their citizens than the federal government. Initially, states were more isolated, more independent, and more important in the nation’s social and political structure. In modern times, this is no longer the case. The National government held supreme power. Its role was well established, both by the Constitution and by the rulings of Chief Justice Marshall’s “nationalist” supreme court. New factors - economic, political, geographical and social - gradually redefined the nature of federalism in America. After the war, America continued to industrialize. Farmers left their farms and, with an influx of immigrants from Europe, flocked to cities, transforming the United States from an agrarian to an industrial nation. Governments at all levels also grew larger as increased productivity and a higher standard of living allowed more taxes to be taken with less detriment to taxpayers. American perception of the federal government shifted greatly during the Great Depression (1929 – 1939) when economic collapse exhausted state welfare funds, and the American public asked for federal relief. In 1933 the newly inaugurated Franklin D. Roosevelt began implementing a series of social and economic programs to address the poverty and unemployment of the Depression. These programs spanned the 1930s and were known collectively as the New Deal. The national government began providing grants (funds from tax collected by the state). A. Categorical grants are given to state and local government for a specific purpose and, like all other federal monies, come with certain guidelines for their use. Categorical grants may be either formula grants or project grants. Formula grants, as the name implies, are governed by demographic formulas in a given area. Project grants allow the national government greater discretion in deciding how much aid will be given to a specific project. Categorical grants are the most common – and the most controversial – form of federal aid. Their controversy centers around the requirements or demands (also called "strings") that are attached to federal money. Through such accompanying regulations, the federal government often becomes involved in areas what are regarded by some as state authority, such as public education and urban policy. This involvement tends to erode the national and state distinctions of federalism. The states are under no obligation to accept federal aid, but they actively lobby in Washington for more aid. B. Block Grants A second method of federal-aid distribution is the block grant, which was designed to streamline federal states and deadlines. - Block grants combine several categorical grants under a general umbrella, such as law enforcement or education, but involve fewer federal regulations and less “red tape”. C. Revenue Sharing - In revenue sharing, the national government allocates some of its tax revenues to the states. 2 Part II 4. Problems of Federalism Maintaining Federal Distinctions - Federalism is the division of political power between two or more government levels. This division is maintained through both constitutional provisions and political pressure. - The Constitution actually has little to say about what the national government can or cannot do in its relationship with the states. - There are also important political forces that help preserve the national and state levels of federalism. - First, in the US republican system, national officeholders are elected from the state and local levels. The accountability helps maintain a degree of independence for states and localities that might otherwise be overwhelmed by national power. - Second, political parties are built on the state level and are somewhat independent of their national organizations. Give and Take - Federal aid involves both services (giving) and controls (placing checks on expending given aid). - Federal grants give the national government a greater voice in state and local policymaking. - Areas that were previously matters of state prerogative are then constrained by federal regulations. Growing National Debt - Giving federal aid to the states can contribute to the national debt, which exceeds $35,100,000,000,000 (2024) - States become so used to aid from the national government so that reductions harm their budgets. Competition for Funding - Some states receive more federal funds than their residents pay in federal taxes, whereas other states receive less. States who pay more than they receive are, in effect, subsidizing mass transit, welfare, and education programs in states that pay less than they receive. - Many southern and southwestern states have lower taxes, and offer financial incentives for companies that relocate there. Conclusion - Federalism has greatly changed since its principles were outlined at the Constitutional Convention. - Today, Federalism is no longer a system that primarily preserves the spheres of national and state authority. Rather, it is a tool for implementing national policies and catering to local political constituencies. - The genius of federalism is that it tends to check tyranny: it permits no single institution to hold all the reins of authority. 3 Keesee, K. (2014) American Government, 3rd Edition. BJU Press: Greenville, South Carolina