Federalism: Crash Course Government and Politics #4
Summary
TLDRIn this episode of Crash Course Government and Politics, Craig explains the concept of federalism in the United States, detailing its evolution from dual federalism to cooperative federalism. He clarifies the division of power between the national and state governments, discusses the impact of the Commerce Clause, and explores the New Deal's role in shifting federal responsibilities. The video also covers different types of federal grants, the concept of New Federalism, and the ongoing debate over the size and role of the national government.
Takeaways
- 🏛️ Federalism is the division of governmental power between the national government and state governments in the US.
- 🤔 The term 'federal' can be confusing as it refers to both the national government and the concept of federalism.
- 🛣️ Under dual federalism, which lasted from 1788 to 1937, government power was strictly divided between state and national governments, often called 'layer cake federalism'.
- 💵 The national government's jurisdiction included internal improvements, tariffs, public lands, patents, and currency control.
- 🏡 State governments had control over property laws, commercial laws, family law, public health, education, criminal laws, and licensing of professions.
- 📚 The Commerce Clause in the US Constitution is the basis for the federal government's power to regulate commerce and has shaped both dual and cooperative federalism.
- 🌐 Cooperative federalism, established post-New Deal, involves the national government providing financial incentives for states to pursue nationally-defined goals.
- 🪙 Grants-in-aid are financial assistance from the national government to states, which can be categorical, formula, project, or block grants.
- 🔄 'Marble cake federalism' is a term used to describe the intertwined nature of state and federal responsibilities in cooperative federalism.
- 📉 Regulated federalism involves the national government setting regulations that states must follow, sometimes without providing funds, known as unfunded mandates.
- 🔄 New Federalism, popularized by Presidents Nixon and Reagan, aims to give more power to the states through block grants, devolution, and 10th Amendment cases.
- 🔑 The 10th Amendment reserves powers not delegated to the US by the Constitution to the states or the people, which has been used to limit the Commerce Clause.
Q & A
What is the basic concept of federalism in the American government?
-Federalism is the division of governmental power between the national government of the United States and the state governments. It involves the national government handling certain responsibilities, like war and mail delivery, while state governments manage others, such as driver's licenses and local laws.
Why is federalism sometimes confusing in the context of the U.S. government?
-Federalism can be confusing because the term includes 'federal,' which is also used to describe the U.S. government as a whole, creating a semantic contradiction with the concept of dividing power between national and state levels.
What are the two main types of federalism discussed in the script?
-The two main types of federalism are dual federalism and cooperative federalism. Dual federalism refers to the strict division of powers between the national and state governments, while cooperative federalism involves the national government providing financial incentives to states to pursue nationally-defined goals.
What is dual federalism, and how does it differ from cooperative federalism?
-Dual federalism is characterized by a strict division of powers between the national and state governments, with each having its own jurisdiction. In contrast, cooperative federalism involves a more collaborative approach where the national government uses financial incentives, such as grants-in-aid, to encourage states to adopt certain policies.
What is the significance of the Commerce Clause in the context of federalism?
-The Commerce Clause, found in Article I, Section 8 Clause 3 of the U.S. Constitution, gives Congress the power to regulate commerce with foreign nations and among the states. It has been interpreted as the legal basis for the federal government's involvement in economic regulation, affecting both dual and cooperative federalism.
How did the New Deal change the role of the federal government in relation to federalism?
-The New Deal, enacted by Franklin D. Roosevelt and Congress, introduced cooperative federalism by significantly expanding the federal government's role in the economy and society. It provided financial support to states to pursue national goals, marking a shift from the limited government approach of dual federalism.
What are grants-in-aid, and how do they function in cooperative federalism?
-Grants-in-aid are financial assistance provided by the national government to states for specific purposes, such as transportation or education. They can act as incentives (carrots) for states to adopt certain policies or as penalties (sticks) when funds are withheld if a state does not comply with national government wishes.
What is the difference between formula grants and project grants in the context of grants-in-aid?
-Formula grants provide a fixed amount of money to states based on a mathematical formula, often related to the number of people in need. Project grants, on the other hand, require states to submit proposals and compete for a limited pool of resources, making them more performance-based.
What is New Federalism, and how does it relate to the concept of giving more power to the states?
-New Federalism is a political approach that aims to shift more power and responsibility to state governments. It involves the use of block grants for discretion in spending federal money, devolution of regulatory power to state and local governments, and court cases emphasizing state rights under the 10th Amendment.
How does the concept of 'marble cake federalism' describe the relationship between state and federal governments in cooperative federalism?
-The term 'marble cake federalism' metaphorically describes the intertwined nature of state and federal governments in cooperative federalism, where the influence and responsibilities are so mixed that it becomes difficult to distinguish between the two levels of government.
What is an unfunded mandate, and why might states dislike it?
-An unfunded mandate refers to a situation where the national government imposes regulations or rules on states without providing the necessary financial support to implement them. States may dislike unfunded mandates because they are required to comply with additional regulations without receiving the funds to do so, potentially straining state budgets.
Outlines
😀 Introduction to Federalism
In this introductory segment, Craig from Crash Course Government and Politics dives into the concept of federalism, a fundamental aspect of American government. He humorously addresses the confusion surrounding the term 'federal' and clarifies that federalism refers to the division of governmental power between the national government and individual state governments. Craig explains the roles of the national and state governments, highlighting the responsibilities of each in a federal system. He also touches on the complexity of federalism, noting that certain government functions are shared between the two levels. The historical development of federalism is briefly introduced, with a mention of dual federalism and cooperative federalism as two main types that have shaped American governance.
📚 Dual Federalism and Its Jurisdictions
This paragraph explores the concept of dual federalism, which dominated American governance from 1788 until 1937. Craig explains that under dual federalism, there was a strict division of power between state and national governments, with each having its own jurisdiction. The national government was responsible for matters such as interstate commerce, tariffs, and currency regulation, while state governments managed property laws, family law, and licensing of professions. The segment humorously refers to this division as 'layer cake federalism,' reflecting the clear layers of power and responsibility. Craig also discusses the Commerce Clause of the US Constitution, which has been instrumental in shaping the interpretation of federal and state powers.
🤝 The Emergence of Cooperative Federalism
Craig introduces cooperative federalism, which has been the dominant form of federalism since the 1930s, particularly with the advent of the New Deal. This form of federalism involves the national government providing financial incentives, known as grants-in-aid, to states and localities to pursue nationally-defined goals. He differentiates between formula grants, project grants, and block grants, explaining how they function as tools for the national government to influence state policies. The paragraph also touches on the concept of 'marble cake federalism,' which metaphorically describes the intertwined nature of state and federal responsibilities. Additionally, Craig discusses regulated federalism, where the national government imposes regulations that states must follow, sometimes without providing the necessary funds, leading to unfunded mandates.
Mindmap
Keywords
💡Federalism
💡National Government
💡State Governments
💡Dual Federalism
💡Cooperative Federalism
💡Grants-in-Aid
💡Formula Grants
💡Project Grants
💡Block Grants
💡New Federalism
💡Devolution
Highlights
Federalism is the division of governmental power between the U.S. national government and the state governments.
The national government is sometimes called the federal government, while state governments are simply called state governments.
Federalism can be confusing due to overlapping responsibilities and different types throughout American history.
Dual federalism refers to the period from the founding of the U.S. until the New Deal, characterized by a strict division of powers.
Cooperative federalism has been the rule since the 1930s, involving more interaction and shared responsibilities between state and national governments.
Under dual federalism, the national government had jurisdiction over interstate commerce, tariffs, and currency, among other things.
State governments controlled areas such as property laws, family law, and licensing of professions under dual federalism.
The concept of 'police power' typically resides with states, covering health, safety, and morality.
Dual federalism is sometimes referred to as 'layer cake federalism' due to the clear separation between state and federal powers.
The Commerce Clause in the U.S. Constitution is the basis for the federal government's power to regulate commerce.
The New Deal marked a shift towards cooperative federalism, with the national government encouraging states to pursue nationally-defined goals.
Grants-in-aid are financial assistance from the national government to states, used to encourage certain policies or compliance with regulations.
Categorical grants are a type of grants-in-aid, given for specific purposes like education or transportation.
Block grants offer states more discretion in how to spend federal funds, representing a move towards New Federalism.
Devolution is the process of transferring power from the national government to state and local governments.
Regulated federalism involves the national government setting regulations that states must follow, sometimes without financial support.
Unfunded mandates are regulations set by the national government that states must comply with without receiving financial assistance.
New Federalism, popularized by Presidents Nixon and Reagan, aims to give more power to the states.
The 10th Amendment supports the idea of states retaining certain powers not delegated to the national government.
The current state of federalism in the U.S. is a mix of cooperative federalism and regulation, with some aspects of New Federalism.
The debate over the size and role of the national government continues, reflecting the original intent of limited government versus modern realities.
Transcripts
Hi, I'm Craig and this is Crash Course Government and Politics. And today we're going to talk about
a fundamental concept to American government: federalism.
Sorry. I'm not sorry. You're not even endangered anymore.
Federalism is a little confusing because it includes the word, "federal," as in federal
government, which is what we use to describe the government of the United States as a whole.
Which is kind of the opposite of what we mean when we say federalism. Confused? Google it.
This video will probably come up. And then just watch this video. Or, just continue watching this video.
[Theme Music]
So what is federalism? Most simply, it's the idea that in the US, governmental power is
divided between the government of the United States and the government of the individual
states. The government of the US, the national government, is sometimes called the federal
government, while the state governments are just called the state governments. This is
because technically the US can be considered a federation of states. But this means different
things to different people. For instance, federation of states means ham sandwich to
me. I'll have one federation of states, please, with a side of tater tots. Thank you. I'm kind of dumb.
In the federal system, the national government takes care of some things, like for example,
war with other countries and delivering the mail, while the state government takes care
of other things like driver's license, hunter's licenses, barber's licences, dentist's licenses,
license to kill - nah, that's James Bond. And that's in England. And I hope states don't do that.
Pretty simple right? Maybe not. For one thing, there are some aspects of government that
are handled by both the state and national government. Taxes, American's favorite government
activity, are an example. There are federal taxes and state taxes. But it gets even more
complicated because there are different types of federalism depending on what period in
American history you're talking about. UGH! Stan! Why is history so confusing!? UGH!
Stan, are you going to tell me? Can you talk Stan?
Basically though, there are two main types of federalism -dual federalism, which has
nothing to do Aaron Burr, usually refers to the period of American history that stretches
from the founding of our great nation until the New Deal, and cooperative federalism,
which has been the rule since the 1930s. Let's start with an easy one and start with dual
federalism in the Thought Bubble.
From 1788 until 1937, the US basically lived under a regime of dual federalism, which meant
government power was strictly divided between the state and national governments.
Notice that I didn't say separated, because I don't want you to confuse federalism with
the separation of powers. DON'T DO IT! With dual federalism, there are some things that
only the federal government does and some things that only the state governments do.
This is sometimes called jurisdiction.
The national government had jurisdiction over internal improvements like interstate roads
and canals, subsidies to the states, and tariffs, which are taxes on imports and thus falls
under the general heading of foreign policy. The national government also owns public lands
and regulates patents which need to be national for them to offer protection for inventors
in all the states. And because you want a silver dollar in Delaware to be worth the
same as a silver dollar in Georgia, the national government also controls currency.
The state government had control over property laws, inheritance laws, commercial laws, banking
laws, corporate laws, insurance, family law, which means marriage and divorce, morality
-- stuff like public nudeness and drinking - which keeps me in check -- public health,
education, criminal laws including determining what is a crime and how crimes are prosecuted,
land use, which includes water and mineral rights, elections, local government, and licensing
of professions and occupations, basically what is required to drive a car, or open a
bar or become a barber or become James Bond.
So, under dual federalism, the state government has jurisdiction over a lot more than the
national government. These powers over health, safety and morality are sometimes called police
power and usually belong to the states. Because of the strict division between the two types
of government, dual federalism is sometimes called layer cake federalism. Delicious. And
it's consistent with the tradition of limited government that many Americans hold dear.
Thanks Thought Bubble.
Now, some of you might be wondering, Craig, where does the national government get the
power to do anything that has do to with states? Yeah, well off the top of my head, the US
Constitution in Article I, Section 8 Clause 3 gives Congress the power "to regulate commerce
with foreign nations, and among the several states, and with the Indian tribes." This
is what is known as the Commerce Clause, and the way that it's been interpreted is the
basis of dual federalism and cooperative federalism.
For most of the 19th century, the Supreme Court has decided that almost any attempt
by any government, federal or state, to regulate state economic activity would violate the
Commerce Clause. This basically meant that there was very little regulation of business at all.
FREEDOOOOOOMM!
And this is how things stood, with the US following a system of dual federalism, with very little
government regulation and the national government not doing much other than going to war or
buying and conquering enormous amounts of territories and delivering the mail.
Then the Great Depression happened, and Franklin Roosevelt and Congress enacted the New Deal,
which changed the role of the federal government in a big way. The New Deal brought us cooperative
federalism, where the national government encourages states and localities to pursue
nationally-defined goals. The main way that the federal government does this is through
dollar-dollar bills, y'all. Money is what I'm saying. Stan, can I make it rain? Yeah?
All right, I'm doing it. I happen to have cash in my hand now. Oh yeah, take my federal money, states.
Regulating ya. Regulator.
This money that the federal government gives to the states is called a grant-in-aid. Grants-in-aid
can work like a carrot encouraging a state to adopt a certain policy or work like a stick
when the federal government withholds funds if a state doesn't do what the national government
wants. Grants-in-aid are usually called categorical, because they're given to states for a particular
purpose like transportation or education or alleviating poverty.
There are 2 types of categorical grants-in-aid: formula grants and project grants. Under a
formula grant, a state gets aid in a certain amount of money based on a mathematical formula;
the best example of this is the old way welfare was given in the US under the program called
Aid to Families with Dependent Children. AFDC. States got a certain amount of money for every
person who was classified as "poor." The more poor people a state had, the more money it
got. Project grants require states to submit proposals in order to receive aid. The states
compete for a limited pool of resources. Nowadays, project grants are more common than formula
grants, but neither is as popular as block grants, which the government gives out Lego
Blocks and then you build stuff with Legos. It's a good time.
No no, the national government gives a state a huge chunk of money for something big, like
infrastructure, which is made with concrete and steel, and not Legos, and the state is
allowed to decide how to spend the money. The basic type of cooperative federalism is
the carrot stick type which is sometimes called marble cake federalism because it mixes up
the state and federal governments in ways that makes it impossible to separate the two.
Federalism, it's such a culinary delight.
The key to it is, you guessed it -- dollar dollar bills y'all. Money. But there's another
aspect of cooperative federalism that's really not so cooperative, and that's regulated federalism.
Under regulated federalism, the national governments sets up regulations and rules that the states
must follow. Some examples of these rules, also called mandates, are EPA regulations,
civil rights standards, and the rules set up by the Americans with Disabilities Act.
Sometimes the government gives the states money to implement the rules, but sometimes
it doesn't and they must comply anyways. That's called an unfunded mandate. Or as I like to
call it, an un-fun mandate. Because no money, no fun. A good example of example of this
is OSHA regulations that employers have to follow.
States don't like these, and Congress tried to do something about them with the Unfunded
Mandates Reform Act or UMRA, but it hasn't really worked. In the early 21st century,
Americans are basically living under a system of cooperative federalism with some areas
of activity that are heavily regulated. This is a stretch from the original idea that federalism
will keep the national government small and have most government functions belong to the states.
If you follow American politics, and I know you do, this small government ideal should
sound familiar because it's the bedrock principle of many conservatives and libertarians in
the US. As conservatives made many political inroads during the 1970s, a new concept of
federalism, which was kind of an old concept of federalism, became popular. It was called,
SURPRISE, New Federalism, and it was popularized by Presidents Nixon and Reagan.
Just to be clear, it's called New Federalism not Surprise New Federalism. New Federalism
basically means giving more power to the states, and this has been done in three ways. First,
block grants allow states discretion to decide what to do with federal money, and what's
a better way to express your power than spending money? Or not spending money as the case may
be. Another form of New Federalism is devolution, which is the process of giving state and local
governments the power to enforce regulations, devolving power from the national to the state
level. Finally, some courts have picked up the cause of New Federalism through cases
based on the 10th Amendment, which states "The powers not delegated to the United States
by the Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people." The idea that some powers, like those police powers I talked about before,
are reserved by the states, have been used to put something of a brake on the Commerce Clause.
So as you can see, where we are with federalism today is kind of complicated. Presidents Reagan,
George H.W. Bush, and Clinton seem to favor New Federalism and block grants. But George
W. Bush seemed to push back towards regulated federalism with laws like No Child Left Behind
and the creation of the Department of Homeland Security. It's pretty safe to say that we're
going to continue to live under a regime of cooperative federalism, with a healthy dose
of regulation thrown in. But many Americans feel that the national government is too big
and expensive and not what the framers wanted.
If history is any guide, a system of dual federalism with most of the government in
the hands of the states is probably not going to happen. For some reason, it's really difficult
to convince institutions to give up powers once they've got them. I'm never giving up
this power. Thanks for watching, I'll see you next week.
Crash Course Government and Politics is produced in association with PBS Digital Studios. Support
for Crash Course US Government comes from Voqal. Voqal supports non-profits that use
technology and media to advance social equity. Learn more about their mission and initiatives
at Voqal.org. Crash Course is made with the help of these nice people. Thanks for watching.
You didn't help make this video at all, did you? No. But you did get people to keep watching
until the end because you're an adorable dog.
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