2. BACKGROUND
‘Halfway house’ between the concept of a
centralised unitary state & the idea of a
confederation which would have been a weak
association of autonomous states
Grant ‘It arose out of a desire to bolster national
unity whilst …accomodating regional diversity’
Wheare –method of dividing powers so that the
general and regional govts are each within a
sphere coordinate and independent
A degree of decentralisation. Madison –a middle
ground. Compromise between federalists & anti
federalists
3. FEDERALISM &
CONSTITUTION
Constitution does not mention words federalism, but in
constitutional terms the federal and state govts are seen as
being of equal status within their own distinctive realms of
authority
Written into the enumerated (Article 1- federal Congress can
legislate on defence, currency, naturalisation of citizens etc
and implied powers (not explicit but shown in constitution’s
wording Congress can make laws that are necessary and
proper/general welfare – healthcare), concurrent powers
(shared), and 10th amendment- links to reserved powers of
the states – diversity of laws in the states
Supreme Court settles any disputes about the division of
powers between them and its judgements are binding. Chief
Justice Hughes 1907 – ‘We are under a Constitution, but the
Constitution is what the judges say it is’. Mc Culloch v
Maryland 1819
4. DEVELOPMENT
Several factors have been adopted which have
served to increase the influence of Washington
over the states
Constitutional amendments – 14th amendment
provided equal protection of the law to all citizens
–school segregation
Supreme Court decisions especially 1937-1970s –
allowed an expansion of national intervention –
the congressional power to tax for the common
defence of the USA
Financial – education, health, welfare (grants in
aid)
5. DIFFERING CONCEPTIONS
Relationship has fluctuated in different periods of
US history
Dual, cooperative, creative, coercive, new,
progressive
Categorical grants – grants from federal govt to
be used for specific purposes
Block grants – discretionary grants, states can
choose how the money is spent
State resurgence in late 20th century – reasons –
election of state governors (Reagan,Clinton), less
trustful of Washington, policy laboratories,
Republican appointed Supreme Court decisions
6. PRESIDENTS
Roosevelt- Great Depression & New Deal –
deploy resources of central
government/interventionist measures
JFK – promised to take the country forward
with federal money. Policy taken up by
Johnson in Great Society programme .War on
Poverty –categorical grants
Nixon –new federalism –block grants
Regan –new/dual federalism-reduction in
grants in aid and federal regulations
7. BUSH & OBAMA –
FEDERALISTS?
Clinton - era of big govt is over –wanted to cut budget
deficit and spoke of increased opportunities for local
experimentation
George W Bush- expansion of federal govt-homeland
security, expansion of Medicare and education
programmes and economic crisis
Obama –progressive federalism? October 2009 –
reversed the Bush policy of prosecuting medical
marijuana cases in states which had legalised the
practice
Critics argue that Obama’s record on the 10th
amendment is mixed – he will let the states have their
own way when their policies please him
8. OBAMA – FEDERALIST?
Granted California a waiver to allow it to raise
auto emissions standards, but called in the
feds when the state tried to cut payments to
unionised health care workers
Health care reform – demise of federalism?
Currently states regulate the health insurance
available in their states. Under Obama’s plan
the federal govt would take over the role of
regulator, leaving governors to implement new
federal framework
9. Federalism –a good thing?
Allows diversity
Frustrates the ‘national will’
Well suited to a geographically large nation
Policy laboratories
Protection of individual rights
Continuous source of conflict
Can mask racial inequalities
Creates more access points
10. Conclusion
Bennett – US Government and Politics ‘Some
Americans may think that federal-state
relationship has at times got out of kilter, but
most believe that its strengths far outweigh its
weaknesses’
Degree of govt intervention has tended to vary
according to economic necessities and the tide
of public opinion. Sometimes public have had
confusing aspirations – smaller govt but
decisive national leadership