Why states still matter in a national system

UNIT 1 · FOUNDATIONS

CHAPTER 7

Federalism divides authority between the national government and the states, but the two levels often act in the same policy areas. The national government and the states do not occupy separate boxes with no overlap. They tax the same people, regulate some of the same activity, share responsibility for major programs, and regularly use money, law, litigation, and administration to push against one another.

Making sense of that overlap starts with sorting which powers belong to which level, and what happens when both levels claim authority over the same problem.

EXCLUSIVE, RESERVED, AND CONCURRENT POWER

Some powers belong to the national government alone. Congress alone coins money, declares war, and regulates commerce with foreign nations and among the states. Other powers belong to the states through the Tenth Amendment’s reservation of authority not delegated to the national government. States hold broad police power over public health, safety, morals, and welfare, which covers areas such as marriage law, most criminal law, and the structure of local government.

A third category, concurrent power, belongs to both levels at once. Both the national government and the states can tax, borrow money, build roads, and establish courts. Congress still needs a connection to a constitutional power before it can act; the existence of concurrent authority does not erase that requirement.

THE SUPREMACY CLAUSE

Article VI makes the Constitution, valid federal laws, and treaties supreme over conflicting state law. When state and federal law genuinely conflict, the valid federal law controls.

The Supremacy Clause does not give the national government power to regulate any subject it chooses. Supremacy resolves a conflict once federal action is already a valid exercise of a real constitutional power; it does not create that power in the first place. A federal law that exceeds Congress’s constitutional authority gains nothing from the Supremacy Clause.

FEDERAL FUNDING, GRANTS, AND MANDATES

Congress can shape state policy by sending money to state and local governments. Revenue sharing gives national funds to states with almost no restrictions on their use and is the least-used funding form in the current AP framework. Block grants fund a broad policy area and give states substantial discretion within statutory limits. Categorical grants fund a narrower purpose and attach more specific restrictions.

Mandates require states to take an action. Some mandates include federal funding and some do not. Conditions of aid use federal money to encourage state cooperation. Spending conditions have constitutional limits, and the national government generally cannot force states to administer a federal program simply by command.

WHY POLICY PROBLEMS CROSS LEVELS OF GOVERNMENT

Education, health, elections, transportation, and public safety all involve both national and state authority at once. A national interest in consistent standards runs into a state interest in local control, and the same policy area can produce cooperation in one period and conflict in another.

The exam typically asks a narrower version of that broad pattern: given a specific policy dispute, which level can act, why that level has the authority to act, and what limits that authority. General claims about federalism rarely earn credit without identifying the specific power, clause, or condition controlling the dispute in front of the reader.

FEDERALISM AS MULTIPLE ACCESS POINTS

Federalist No. 39 also helps explain why federalism creates several routes into policymaking. The constitutional system combines national and state features, so citizens and organized groups can pursue action through state governments, Congress, executive agencies, or courts depending on the issue. Divided authority therefore limits concentration of power and creates multiple access points for political participation.

Because authority is divided rather than concentrated, a group that loses a fight in Congress can still pursue the same policy through a state legislature, a state court, or, in states that permit citizen initiatives, a ballot measure. A group that loses in one state can organize in a state more receptive to its position, or push for a national standard that would apply everywhere at once.

That multiplication of access points is a direct consequence of dividing power between levels. It is also why federalism disputes rarely stay settled for long: a policy loss at one level changes where the next political effort gets directed, not whether the effort continues.

Power type	Example	Level
Exclusive national	Declaring war, coining money, regulating foreign commerce	National only
Reserved	Marriage law, most criminal law, local government structure	States only
Concurrent	Taxing, borrowing money, establishing courts	Both levels
Prohibited	Granting titles of nobility, states making treaties	Neither level

Table 7.1 Where constitutional power is allocated.

GRANTS AND MANDATES AT WORK

Congress has three main tools for shaping state policy through money. The scenarios below use each one; identify the tool before the explanation confirms it.

Scenario 1. Congress funds a narrow highway-safety program and requires states to spend the money only on speed-limit enforcement equipment to qualify.

Tool at work: a categorical grant. The purpose and the conditions are both specific and narrow.

Scenario 2. Congress funds a broad community-development program and lets each state decide which local projects to prioritize, within general statutory limits.

Tool at work: a block grant. States have more discretion over spending than a categorical grant allows, though statutory conditions still apply.

Scenario 3. Congress requires states to make certain public buildings accessible to people with disabilities but provides no funding to cover the cost.

Tool at work: an unfunded mandate. States must comply, but Congress has not attached money to the requirement.

Scenario 4. Congress distributes money to state governments and allows each state to use the money for almost any public purpose, with very few federal restrictions.

Tool at work: revenue sharing. The national government supplies the money while leaving states with broad control over how it is used.

QUESTIONS TO ANSWER WITHOUT NOTES

1. Give one example each of exclusive national power, reserved state power, and concurrent power.

Exclusive national: declaring war. Reserved: most criminal law. Concurrent: taxing (other accurate examples are acceptable).

2. What does the Supremacy Clause do, and what does it not do?

It makes valid federal law controlling when state and federal law conflict. It does not create federal power on its own; the federal action must already be constitutionally valid.

3. What is the difference between a categorical grant and a block grant?

A categorical grant funds a narrow purpose with specific conditions. A block grant funds a broader purpose with more state discretion, though it still carries statutory conditions.

4. What is an unfunded mandate?

A federal requirement that states must meet without accompanying federal funding to cover the cost.

5. Can the national government directly commandeer state governments into administering a federal program?

Generally no. It can make funding conditional on a state’s cooperation, but it cannot simply compel state administration of a federal program.

6. List two policy areas where national and state authority commonly overlap.

Education and public safety (transportation, health, and elections are also acceptable).

7. What question does the exam usually ask about a federalism conflict?

Which level of government can act, why it has that authority, and what limits the authority, rather than a general description of federalism itself.

8. What is revenue sharing, and how does it differ from a block grant?

Revenue sharing provides national funding with almost no restrictions on state use. A block grant still directs money to a broad policy area and operates under statutory conditions.