3) Federalism

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Federalism

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In the United States, power is divided among the national and state governments so that each government has some independent authority.

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concurrent powers

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a form of government that divides sovereign power across at least two political units.

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Unitary government

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a system in which the national, centralized government holds ultimate authority. It is the most common form of government in the world.

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Confederal government

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a form of government in which states hold power over a limited national government. This was the first form of government in the United States under the Articles of Confederation.

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A Strong National Government

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The Founders wanted a strong national government to provide national security and a healthy and efficient economy.

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State Powers and Limits on National Power

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power to choose members of the Electoral College and to amend the Constitution. The Tenth Amendment reserves all powers not delegated to the United States by the Constitution for the states or the people.

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Full faith and credit clause

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part of Article IV of the Constitution requiring that each state’s laws be honored by the other states. For example, a legal marriage in one state must be recognized across state lines.

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Privileges and immunities clause

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part of Article IV of the Constitution requiring that states must treat nonstate residents within their borders as they would treat their own residents.

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dual federalism

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whereby national and state governments are seen as distinct entities providing separate services.

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commerce clause powers

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The powers of Congress to regulate the economy granted in Article I, Section 8, of the Constitution.

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cooperative federalism

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national and state governments work together to provide services efficiently.

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Picket fence federalism

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policy makers within a particular policy area work together across levels of government.

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fiscal federalism

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the system of transfer payments from the national government to lower levels of government.

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categorical grants

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which consist of federal aid to state or local governments for a specific purpose.

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block grants

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federal aid that can be spent by the states within a certain policy area, but with more state discretion.

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New Federalism

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State and local politicians are closer to the people, they know better how to spend the money.

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unfunded mandates

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federal laws that require the states to do certain things but do not provide state governments with funding to implement these policies.

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Coercive federalism

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a form of federalism in which the federal government pressures the states to change their policies by using regulations, mandates, and conditions (often involving threats to withdraw federal funding).

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federal preemptions

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impositions of national priorities on the states through national legislation that is based on the Constitution’s supremacy clause.

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competitive federalism

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a form of federalism in which states compete to attract businesses and jobs through the policies they adopt.

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remedial legislation

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whereby national laws address discriminatory state laws.

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states’ sovereign immunity

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protects states from a much broader range of lawsuits in state and federal court unless the state consents to the suit than what is explained in the 11th amendment about residents not being able to sue other states than the one they live in.

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Advantages of a Strong Role for the States

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(1) states can be laboratories for democracy, (2) state and local governments are closer to the people, (3) states provide more access to the political system, and (4) states provide an important check on national power.

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Disadvantages of Too Much State Power

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(1) unequal distribution of resources across the states; (2) unequal protection of civil rights; and (3) competitive federalism, which produces a “race to the bottom.”