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Federalism and Nationalism

Chapter 4

CHAPTER 4: FEDERALISM AND NATIONALISM

In this chapter you will:

Learn what federalism is.

Explore the strengths of federal and state governments.

Examine how federalism works—and how it has evolved.

Review the contemporary conflicts that surround federalism.

Explore American nationalism, the force that binds and shapes our federalist polity.

CHAPTER 4: FEDERALISM AND NATIONALISM

Types of Government

Unitary government

The national government—the king and Parliament in England, for example—made policy for the nation. Local governments simply carried out their decrees. To this day, almost all nations are organized this way.

Confederation

All power flows from the local to the national level. Examples are Sweden, Denmark, and Norway.

Federalism

Power is divided and shared between national and state governments. Examples are the United States and India.

Some states grant local governments broad powers, known as home rule.

CHAPTER 4: FEDERALISM AND NATIONALISM

Federalism in the United States

Power divided and shared between national and state governments

Constitution reserves some decisions for the national government and some for the state

National: Declare war or coining money

State: Schools

Some decisions are made at both levels

Taxing and spending

CHAPTER 4: FEDERALISM AND NATIONALISM

Advantages of State-Level Policy

States are more responsive to citizens

States offer more protection for individual rights

Political innovation can occur when different states can experiment with different programs

People have more choices

People who do not like a particular state can move

CHAPTER 4: FEDERALISM AND NATIONALISM

Advantages of National Policy

Policies often more fair

Policies can equalize resources across the nation

Policies can standardize best practices across the nation

National government can more easily coordinate among agencies

CHAPTER 4: FEDERALISM AND NATIONALISM

The Constitution Sets the Ground Rules

Granted powers—Article 1, section 8, lists 19 powers of the federal government: Congress has the power to pay debts, raise an army, punish pirates, establish a post office, handle US foreign policy.

express or enumerated powers

The Constitution authorizes Congress to make all laws necessary and proper for carrying out the enumerated powers—or any other power the Constitution vests in the national government. This necessary and proper clause is also known as the elastic clause.

The elastic clause has expanded national authority to include what are called inherent powers—powers that are implied by, but not specifically named in, the Constitution’s text.

The supremacy clause declares that the national government’s laws and treaties are the “supreme law of the land” and are superior to state laws whenever the two clash.

CHAPTER 4: FEDERALISM AND NATIONALISM

Reserved Powers

States retain government authority not explicitly granted to the national government

Education

Public health

In-state commerce

State elections

CHAPTER 4: FEDERALISM AND NATIONALISM

Concurrent Powers

Many powers and duties are shared jointly by state and national governments.

Both national and state governments have the power to raise taxes, build roads, construct bridges, build railways, update telecommunications networks, borrow money, and regulate business.

The Constitution directs each state to give full faith and credit to the actions of other states.

CHAPTER 4: FEDERALISM AND NATIONALISM

Full Faith and Credit

Each state is required by the Constitution to recognize and uphold laws passed by other states.

Can be difficult when laws of neighboring states vary considerably

Example: gun laws—okay to openly carry in one state but in bordering state guns heavily restricted. Which law is supreme?

CHAPTER 4: FEDERALISM AND NATIONALISM

Dual Federalism

Dual federalism gave state and national governments relatively clearly demarcated responsibilities.

American historians with an eye for metaphor describe this arrangement as “layer cake.”

This left the national government in charge of three major areas:

international relations

internal improvements

relations and commerce between the states

CHAPTER 4: FEDERALISM AND NATIONALISM

Cooperative Federalism

Cooperative federalism: The period after the Great Depression was characterized by blurred lines of authority and a much more active national government.

A new bakery metaphor emerged: a marble cake with its various ingredients—the different government functions—all swirled together.

Officials in Washington provided federal funds through grants-in-aid—national funds accompanied by specific instructions to state and local officials about how the money could be spent.

CHAPTER 4: FEDERALISM AND NATIONALISM

New Federalism

Ronald Reagan’s presidency (1981–1989) ushered in another significant change in American federalism, enthusiastically termed New Federalism.

The Reagan administration relied more heavily on block grants. Block grants still channel federal dollars to a specific policy area.

Federal, state, and local authorities all compete for influence over programs—a multiflavored marble cake.

One pillar of the New Federalism movement was devolution, or transferring responsibility for government programs to state and local authorities.

CHAPTER 4: FEDERALISM AND NATIONALISM

Federalism Today

One pillar of the New Federalism movement is devolution.

States’ rights advocates sometimes find that devolving policies to the local level does not guarantee a less active government response.

When responsibility is passed to state or local officials, there must be national resources to match, or else Washington will saddle the state or locality with an

unfunded mandate: a law or regulation that imposes a duty that must be paid for primarily by state or local officials.

CHAPTER 4: FEDERALISM AND NATIONALISM

Federalism and the Parties

Dual, cooperative, and new: these successive descriptions of federalism point to ongoing negotiations about government power and accountability.

Republicans continue to urge state and local control on most issues, while Democrats are more likely to seek Washington-based solutions.

The political art of credit claiming also influences federalism.

CHAPTER 4: FEDERALISM AND NATIONALISM

  Federalism in the Courts

In a series of landmark decisions, the Supreme Court—led by Chief Justice John Marshall—protected national government powers from state incursions.

The first such case was McCulloch v. Maryland, decided in 1819.

In recent years—beginning under Chief Justice Rehnquist in the mid-1990s, and gaining strength with a consistently conservative majority under Chief Justice Roberts since 2005— the Supreme Court has emphasized local and state power.

CHAPTER 4: FEDERALISM AND NATIONALISM

  Nationalism, American Style

Constitution

Elastic Clause

Tenth Amendment

Institution evolution

Federalism

Cooperative Federalism

Layer Cake vs. Marble Cake

National vs. State

Seek equity

“Drown in the bathtub”

CHAPTER 4: FEDERALISM AND NATIONALISM

Nationalism

Kept federal experiment together despite

Civil War

Economic strains in every era

Partisan conflict

Different cultures and attitudes

New England towns

Southern Bible Belt

Midwestern Plains

Liberal “Left Coast”

CHAPTER 4: FEDERALISM AND NATIONALISM

National Identity

Maintain federal balance

Instill loyalty to nation, state, and locality

CHAPTER 4: FEDERALISM AND NATIONALISM

Nationalism

“Nationalism is membership in an ‘imagined community,’ a sense of connectedness across millions of people who will, for the most part, never see or meet one another.

“A nation exists because people believe that it does.”

Benedict Anderson

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Conclusion: Who Are We?

Federalism reflects an intense philosophical debate, carved into institutional stone.

The debate—about power and democracy, fairness and liberty—runs through American history.

Successive eras allocated power differently.

Federalism is the mark of a weak national government. However, the paradox of American politics is that weak government is balanced by a powerful nation with a robust, patriotic sense of national identity.

CHAPTER 4: FEDERALISM AND NATIONALISM