Understanding Federalism in American Politics

Aug 26, 2024

Crash Course Government and Politics: Federalism

Introduction to Federalism

  • Federalism is a key concept in American government.
  • It involves the division of power between the national government (federal government) and state governments.
  • The US government can be seen as a federation of states.

Dual Federalism

  • Time Period: 1788 - 1937
  • Government power was strictly divided between state and national governments.
  • Known as "layer cake federalism" due to the clear divisions.
  • National government responsibilities:
    • Internal improvements (roads, canals)
    • Tariffs and foreign policy
    • Public lands
    • Regulating patents
    • Currency control
  • State government responsibilities:
    • Property, inheritance, commercial, banking, corporate, and insurance laws
    • Family law, public health, education, criminal law
    • Land use and local government
    • Licensing of professions
  • Based on the Commerce Clause from the Constitution (Article I, Section 8, Clause 3).

Cooperative Federalism

  • Initiated with the New Deal in the 1930s.
  • National government encourages states to pursue nationally defined goals.
  • Main method: Financial incentives through grants-in-aid.
    • Categorical Grants: For specific purposes like education or transportation.
      • Formula Grants: Based on a mathematical formula (e.g., welfare under AFDC).
      • Project Grants: States submit proposals to compete for funding.
    • Block Grants: Large sums for general purposes, with states deciding on expenditure.
  • Known as "marble cake federalism" due to mixed government roles.
  • Involves regulated federalism with rules and mandates that states must follow.
    • Unfunded mandates occur when states must comply without federal funding.

New Federalism

  • Promoted by Presidents Nixon and Reagan.
  • Focuses on giving more power to the states.
  • Achieved through:
    • Block Grants allowing state discretion.
    • Devolution: Transferring power back to state/local governments.
    • Judicial interpretations favoring state powers under the 10th Amendment.

Current Federalism Landscape

  • Modern federalism is a mix of cooperative and regulated federalism.
  • Debate continues over the size and role of the national government.
  • Historical tendency shows reluctance for national government to relinquish power.

Conclusion

  • Dual federalism with primarily state control is unlikely.
  • Federalism will likely continue with elements of cooperation and regulation.