Federalism in the United States: Theories, Development, and Modern Relations - Prof. Mark , Study notes of Local Government Studies

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Census Bureau reports 89,527 governments in U.S. in

Dollars received by states per dollar paid in taxes,

Divisions of powers under federalism:

National powers:

Defense Currency

Post Office Foreign Affairs

Interstate Commerce

State Powers:

Organization of local governments

Education (State and local)

Public Safety (State and local) Registration and voting

Alcohol regulations

Concurrent or Shared powers:

Leading and borrowing of money Taxation

Law enforcement Chartering of banks

Transportation

Note: War on terror extends federal power. (War always

expands federal power).

The Development of Modern Federalism

Two kinds of federal power:

1: enumerated powers 2: Implied powers

McCulloch v. Maryland (1819)

“

“ The power to tax is the power to destroy”

The power to tax is the power to destroy”

Gibbons v. Ogden

Gibbons v. Ogden (1824)

(1824)

Defines commerce clause.

Defines commerce clause.

Civil War era:

“Nullification”

Lincoln: “The union is older than the

Lincoln: “The union is older than the

states.”

states.”

Federal policies for national development:

Federal policies for national development:

Morrill Act/Homestead Act/Pacific Railroad

Morrill Act/Homestead Act/Pacific Railroad

Methods of Modern Federalism:

Federal government collects 63% of all taxes in

U.S.

Almost half of federal money to states goes for

health care (see page 54).

1: Categorical grants (75%)

a: Formula grants

b: Project or program grants

(“earmarks”)

C: Matching grants

2: Block Grants (The state’s favorite)

(The state’s favorite)

Since 1994 more federal to state

Since 1994 more federal to state

Current Federal-State Relations Under

“Devolution” or “the New Federalism”

1: More money to states in block grants.

2: State control of spending and programs.

A: Welfare policy (TANF) B: Health care

3: Less federal money to states.

1975: 25% of state and local budgets from

feds.

Today: about 20%

Public school funding from feds: In 1980:

11%

Today: about 8%

Federalism Today

The Supreme Court has:

The Supreme Court has:

1: Limited citizen ability to sue states.

1: Limited citizen ability to sue states.

Kimel v. Florida Board of Regents

Kimel v. Florida Board of Regents

(2000)

(2000)

2: Limited ability of federal government to

2: Limited ability of federal government to

force state and local officers to carry out

force state and local officers to carry out

federal law.

federal law.

Key case:

Key case: Printz v. United States

Printz v. United States 1997

1997

The Congress has:

1: Ended unfunded mandates (1995)

1: Ended unfunded mandates (1995)

But note No Child Left Behind (2001)

But note No Child Left Behind (2001)

2: Returned welfare policy to the states.

2: Returned welfare policy to the states.

Note: states must have balanced budgets,

Note: states must have balanced budgets,

3: Cross-state effects

Environmental and economic

Environmental and economic

Sales Taxes

Sales Taxes

Blue Laws

Blue Laws

Gun Laws

Gun Laws

Labor laws

Labor laws

4: “Race to the Bottom”/Incentives

“Beggar my neighbor”

(Alabama incentives to Mercedes-

(Alabama incentives to Mercedes-

Benz)

Benz)

5: Whose responsibility?

State or Federal.