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Federalism Today Note to students: The best preparation for taking the reading quiz is to pay close attention to the key terms as you read. Each question in the question banks is directly linked to these key terms and phrases.

Chapter Focus Question: What have been some of the major struggles of federalism in the last 100 years?

Section Focus Question: What are the features of federalism, and what kinds of federalism are there?Key Terms:Federalism and levels of government

Dual and shared federalism State and federal power in the states National defense as a national government power

Constitutions that feature federalism designs have three features. First, federal systems cover the same territory and people across all levels of government. This is to say that the US federal government covers all 50 states and anyone residing in them, and simultaneously each of the 50 states has a government whose jurisdiction covers a specific state territory and anyone residing in these. Thus, people living in each state of the United States are governed by both a federal and a state authority. Second, each level of government has some areas of jurisdiction that are protected from encroachment by the other levels. For example, defense of the United States is a power reserved to the federal government. On the other hand, public services like sanitation or libraries are reserved to state governments or their designees at a local level. In a federal framework, local governments are not a separate level of government, because each state determines the scope and depth of local governments’ responsibilities. Thus local governments are not “independent” or protected from encroachment. Third and finally, each level of government has some (but not total) power that can be used as leverage against the other. Often the protection of civil liberties or civil rights involves a struggle between the levels of government regarding how individuals and/or groups will be treated in the future.

Responsibilities Under Federalism

Over the course of history, two types of American federalism have emerged. Dual federalism features the national and state-level governments presiding over mutually exclusive spheres of influence. This structure was the predominant format of the United States in 1789-1901 and featured little collaboration between the two levels of government. The 20th and 21st centuries of American government have functioned under shared federalism. Shared federalism refers to the idea that states and national governments share responsibility for solving the needs of citizens.

Dual Federalism vs. Shared Federalism

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The US is not alone in its embrace of shared federalism. Australia, India, and Canada all have different incarnations of shared federalism as well. For all of these countries, shared federalism has emerged as contemporary political challenges have become increasingly complex, as have the challenges we face on a global level (that is, climate change, non-state sponsored terrorism), requiring further collaboration. For that reason, some scholars consider regional government systems like the European Union another example of a shared federalism framework.

Section Focus Question: Does the Supremacy Clause of the US Constitution settle the lines between federal and state power? Why?Key Terms:9/11 and centralization of government

Homeland Security Department Supremacy Clause Federalism's effect on civil liberties Devolving power to the states Federalism and individual rights

Federalism and conflicts between state and federal governments Federalism and national disasters

Thinking about today’s domestic context, questions of federalism affect protection of civil liberties and rights in a diverse society. Consider the following questions. Where do we draw the line between the free speech of one individual and another’s right to be protected from online bullying, especially if the alleged victim and accused “bully” live in different states? How do we protect the rights of minorities when different groups have different conceptions of cultural norms? How do the levels of government share responsibility for addressing citizens’ needs?

The balance of power between state and federal responsibility has tacked back and forth, with greater power centralized in the federal level during the 1950s-70s. The 1980s and 1990s featured efforts by Democrats and Republicans alike to devolve greater authority to lower levels of government and to trim the federal government. The compelling nature of 9/11, however, led to a swing of the pendulum toward increased federal power and spending as national defense and related issues took center stage, leading to the creation of new presidential cabinet-level departments like the Department of Homeland Security.

These debates about the proper balance between state and federal governments' responsibilities rage in state capitals, the halls of Congress, and the federal courts. In spite of these debates, the Constitution is clear about the ultimate result, due to what is commonly called the Supremacy Clause of the US Constitution:

This 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.

The Supremacy Clause is found in Article VI of the US Constitution and establishes that federal law is supreme when conflicts occur between federal and state law.

While the federal system of the United States government satisfies the Founding Fathers’ desires for limited government, federalism also carries a number of distinct strengths and weaknesses that are endemic to its potential as a successful government structure. For example, federal government systems provide greater flexibility and a check on unilateral government power — two important values in contemporary civil liberties debates. Federalism also encourages tailored policy to the needs of particular groups or certain communities. In other words, if a hurricane devastates one state or group of communities, federalism allows for adaptation of policies to meet a particular need, like recovery from an act of nature. In a different vein, having some uniform rules at the federal level can protect individuals from discrimination by different states, an important element of guaranteeing the Equal Protection Clause of the 14th Amendment, which we will discuss in another section.

FEMA Disaster Areas Following Hurricane Katrina, 2007-8

Section Focus Question: What are some of the strengths and weaknesses of federalism?Key Terms:Critical role of civic activities to federalism

Consequences of lack of voter participation Check on federal or state power Federalism and conflicts between state and federal governments Immigration and federalism States with international borders Access to public officials Dissatisfaction with government

However, federalism is a form of government that is reliant on democratic participation. As citizens of both a state and a country, we as constituents are provided multiple opportunities to engage with government officials. The flexibility of federalism is contingent on all individuals and/or groups having an equal ability to participate in democratic processes like voting and policy-making. When some citizens are denied the equal ability to participate or when they choose to systematically “opt out” by choosing not to vote or engage in civic activities like town hall meetings, then federalism’s potential to successfully tailor policies to the needs of its people is limited.

American Opinion on Trust in Government, Gallup Poll, 1992-2010

Even with equal participation, no system of government is perfect. Federalism’s strengths in flexibility and limited government are balanced by its weaknesses in preventing both intergovernmental conflict, which occurs when the states and federal government disagree about the appropriate strategies and policies going forward, and avoidance of responsibility, which often occurs when it is unclear whether the state or the federal level of government is responsible for a particular problem.

For example, while the federal government has primary responsibility for regulating immigration, 13 states share land borders with other countries, meaning they serve as gateway communities for immigrants. Which level of government should regulate the treatment of immigrants once they are living in the United States? What rights and freedoms should citizens and noncitizens share? These questions illustrate the connections between federalism and civil liberties.

States With International Borders