0:00:00.366,0:00:03.264
(soft music)

0:00:03.264,0:00:04.647
- Hi, I'm Craig, and this is

0:00:04.647,0:00:06.375
Crash Course Government and Politics

0:00:06.375,0:00:07.433
and today we're gonna talk about

0:00:07.433,0:00:10.088
a fundamental concept in[br]American government, federalism.

0:00:10.088,0:00:11.605
(eagle screeching)

0:00:11.605,0:00:12.920
I'm sorry.

0:00:12.920,0:00:14.848
I'm not sorry, you're not[br]even endangered anymore.

0:00:14.848,0:00:16.077
Federalism is a little confusing

0:00:16.077,0:00:17.504
because it includes the word federal,

0:00:17.504,0:00:18.767
as in federal government,

0:00:18.767,0:00:20.193
which is what we use to[br]describe the government

0:00:20.193,0:00:21.706
of the United States as a whole.

0:00:21.706,0:00:23.170
Which is kind of the[br]opposite of what we mean

0:00:23.170,0:00:24.474
when we say federalism.

0:00:24.474,0:00:26.025
Confused?[br]Google it.

0:00:26.025,0:00:27.331
This video will probably come up

0:00:27.331,0:00:28.434
and then just watch this video.

0:00:28.434,0:00:30.192
Or, just continue watching this video.

0:00:30.192,0:00:32.775
(upbeat music)

0:00:38.819,0:00:39.964
So what is federalism?

0:00:39.964,0:00:41.830
Most simply, it's the[br]idea that in the U.S.,

0:00:41.830,0:00:43.347
governmental power is divided between

0:00:43.347,0:00:44.571
the government of the United States

0:00:44.571,0:00:46.337
and the government of[br]the individual states.

0:00:46.337,0:00:48.044
The government of the U.S.,[br]the national government,

0:00:48.044,0:00:49.822
is sometimes called the federal government

0:00:49.822,0:00:50.924
while the state governments

0:00:50.924,0:00:52.323
are just called the state governments.

0:00:52.323,0:00:53.589
This is because technically,

0:00:53.589,0:00:55.781
the U.S. can be considered[br]a federation of states

0:00:55.781,0:00:57.805
but this means different[br]things to different people.

0:00:57.805,0:01:00.831
For instance, federation of[br]states means ham sandwich to me.

0:01:00.831,0:01:02.617
I'll have one federation[br]of states, please,

0:01:02.617,0:01:04.200
side of tater tots.

0:01:05.045,0:01:06.146
Thank you.[br]I'm kinda dumb.

0:01:06.146,0:01:08.033
In a federal system, the[br]national government takes care

0:01:08.033,0:01:10.361
of some things like for example,[br]war with other countries

0:01:10.361,0:01:11.715
and delivering the mail.

0:01:11.715,0:01:13.237
While the state government[br]takes care of other things

0:01:13.237,0:01:16.164
like driver's license, hunter's[br]license, barber's license,

0:01:16.164,0:01:19.139
dentist's license, license[br]to kill, that's James Bond

0:01:19.139,0:01:22.497
and that's in England I[br]hope states don't do that.

0:01:22.497,0:01:24.000
Pretty simple, right?[br]Maybe not.

0:01:24.000,0:01:25.524
For one thing, there are[br]some aspects of government

0:01:25.524,0:01:26.874
that are handled by both the state

0:01:26.874,0:01:28.137
and the national government.

0:01:28.137,0:01:30.092
Taxes, Americans' favorite[br]government activity,

0:01:30.092,0:01:31.118
are an example.

0:01:31.118,0:01:33.032
There are federal taxes and state taxes.

0:01:33.032,0:01:34.211
But it gets even more complicated

0:01:34.211,0:01:35.639
because there are different[br]types of federalism

0:01:35.639,0:01:37.438
depending on what period[br]in American history

0:01:37.438,0:01:38.382
you're talking about.

0:01:38.382,0:01:41.632
Ugh, Stan, why is history so confusing?

0:01:42.950,0:01:45.939
Ugh, Stan, you gonna tell me?

0:01:45.939,0:01:47.344
Can you talk Stan?

0:01:47.344,0:01:49.239
Basically though, there are[br]two main types of federalism.

0:01:49.239,0:01:51.920
Dual federalism, which has[br]nothing to do with Aaron Burr,

0:01:51.920,0:01:53.822
usually refers to the[br]period of American history

0:01:53.822,0:01:55.668
that stretches from the[br]founding of our great nation

0:01:55.668,0:01:56.814
until the New Deal.

0:01:56.814,0:01:58.166
And cooperative federalism,

0:01:58.166,0:02:00.233
which has been the rule since the 1930s.

0:02:00.233,0:02:02.639
Let's start with an easy one[br]and look at dual federalism,

0:02:02.639,0:02:03.992
in the thought bubble.

0:02:03.992,0:02:07.095
From 1788 until 1937,[br]the U.S. basically lived

0:02:07.095,0:02:09.098
under a regime of dual federalism,

0:02:09.098,0:02:10.904
which meant government[br]power was strictly divided

0:02:10.904,0:02:12.954
between the state and[br]national governments.

0:02:12.954,0:02:14.097
Notice, I didn't say separated

0:02:14.097,0:02:15.853
because I don't want you[br]to confuse federalism

0:02:15.853,0:02:17.011
with separation of powers.

0:02:17.011,0:02:17.957
Don't do it!

0:02:17.957,0:02:19.461
With dual federalism,[br]there are some things

0:02:19.461,0:02:21.015
that only the federal government does

0:02:21.015,0:02:23.061
and some things that only[br]the state governments do.

0:02:23.061,0:02:24.579
This is sometimes called jurisdiction.

0:02:24.579,0:02:26.213
The national government[br]had jurisdiction over

0:02:26.213,0:02:28.688
internal improvements like[br]interstate roads and canals,

0:02:28.688,0:02:30.645
subsidies to the states, and tariffs,

0:02:30.645,0:02:31.741
which are taxes on imports

0:02:31.741,0:02:34.206
and thus fall under the general[br]heading of foreign policy.

0:02:34.206,0:02:35.970
The national government[br]also owns public lands

0:02:35.970,0:02:38.155
and regulates patents[br]which need to be national

0:02:38.155,0:02:39.880
for them to offer protection for inventors

0:02:39.880,0:02:40.987
in all the states.

0:02:40.987,0:02:42.454
And because you want a[br]silver dollar in Delaware

0:02:42.454,0:02:44.752
to be worth the same as a[br]silver dollar in Georgia,

0:02:44.752,0:02:46.635
the national government[br]also controls currency.

0:02:46.635,0:02:48.996
The state government had[br]control over property laws,

0:02:48.996,0:02:51.624
inheritance laws, commercial[br]laws, banking laws,

0:02:51.624,0:02:53.778
corporate laws, insurance, family law,

0:02:53.778,0:02:55.213
which means marriage and divorce.

0:02:55.213,0:02:57.615
Morality, stuff like public[br]lewdness and drinking

0:02:57.615,0:02:58.456
keeps me in check.

0:02:58.456,0:03:00.797
Public health, education,[br]criminal laws including

0:03:00.797,0:03:01.935
determining what is a crime

0:03:01.935,0:03:03.501
and how crimes are prosecuted.

0:03:03.501,0:03:05.885
Land use, which includes[br]water and mineral rights,

0:03:05.885,0:03:07.070
elections, local government,

0:03:07.070,0:03:08.989
and licensing of[br]professions and occupations,

0:03:08.989,0:03:10.781
basically what's required to drive a car

0:03:10.781,0:03:12.263
or open a bar or become a barber

0:03:12.263,0:03:13.736
or become James Bond.

0:03:13.736,0:03:14.998
So, under dual federalism,

0:03:14.998,0:03:17.170
the state government has[br]jurisdiction over a lot more

0:03:17.170,0:03:18.517
than the national government.

0:03:18.517,0:03:20.436
These powers over health,[br]safety, and morality

0:03:20.436,0:03:21.950
are sometimes call police power

0:03:21.950,0:03:23.651
and usually belong to the states.

0:03:23.651,0:03:24.484
Because of the strict division

0:03:24.484,0:03:25.974
between the two types of government,

0:03:25.974,0:03:28.832
dual federalism is sometimes[br]called layer cake federalism.

0:03:28.832,0:03:29.872
Delicious.

0:03:29.872,0:03:31.828
And it's consistent with the[br]tradition of limited government

0:03:31.828,0:03:33.669
that many Americans hold very dear.

0:03:33.669,0:03:34.712
Thanks thought bubble.

0:03:34.712,0:03:35.738
Now, some of you might be wondering,

0:03:35.738,0:03:37.086
"Craig, where does the national government

0:03:37.086,0:03:39.404
"get the power to do anything[br]that has to do with states?"

0:03:39.404,0:03:40.634
Yeah, well, off the top of my head,

0:03:40.634,0:03:42.265
the U.S. Constitution in Article One

0:03:42.265,0:03:43.454
Section Eight Clause Three

0:03:43.454,0:03:46.142
gives Congress the power[br]"to regulate commerce

0:03:46.142,0:03:48.570
"with foreign nations and[br]among the several states

0:03:48.570,0:03:50.079
"and with the Indian tribes."

0:03:50.079,0:03:51.594
This is what's known[br]as the Commerce Clause

0:03:51.594,0:03:52.856
and the way that it's been interpreted

0:03:52.856,0:03:54.287
forms the basis of dual federalism

0:03:54.287,0:03:55.440
and cooperative federalism.

0:03:55.440,0:03:56.524
For most of the 19th Century,

0:03:56.524,0:03:58.144
the Supreme Court decided[br]that almost any attempt

0:03:58.144,0:04:00.021
by any government, federal or state,

0:04:00.021,0:04:01.900
to regulate state economic activity

0:04:01.900,0:04:03.705
would violate the Commerce Clause.

0:04:03.705,0:04:05.078
This basically meant that[br]there was very little

0:04:05.078,0:04:06.412
regulation of business at all.

0:04:06.412,0:04:07.245
Freedom!

0:04:08.299,0:04:09.132
And this is how things stood,

0:04:09.132,0:04:11.214
with the U.S. following a[br]system of dual federalism

0:04:11.214,0:04:12.722
with very little government regulation

0:04:12.722,0:04:14.338
and the national government not doing much

0:04:14.338,0:04:15.837
other than going to war,

0:04:15.837,0:04:17.551
buying or conquering enormous[br]amounts of territory,

0:04:17.551,0:04:18.779
and delivering the mail.

0:04:18.779,0:04:19.885
Then, the Great Depression happened

0:04:19.885,0:04:21.315
and Franklin Roosevelt and Congress

0:04:21.315,0:04:23.073
enacted the New Deal,[br]which changed the role

0:04:23.073,0:04:24.983
of the federal government in a big way.

0:04:24.983,0:04:26.738
The New Deal brought us[br]cooperative federalism

0:04:26.738,0:04:28.463
where the national[br]government encourages states

0:04:28.463,0:04:30.765
and localities to pursue[br]nationally-defined goals.

0:04:30.765,0:04:32.643
The main way that the[br]federal government does this

0:04:32.643,0:04:35.130
is through dolla dolla bills, y'all.

0:04:35.130,0:04:36.639
Money, is what I'm saying.

0:04:36.639,0:04:38.635
Stan, can I make it rain?

0:04:38.635,0:04:40.224
Yeah?[br]Alright, I'm doing it.

0:04:40.224,0:04:42.320
I happen to have cash[br]in my hand right now.

0:04:42.320,0:04:45.781
Oh yeah, take my federal money, states.

0:04:45.781,0:04:47.281
I'm regulatin' ya.

0:04:48.230,0:04:49.087
I'm a regulator.

0:04:49.087,0:04:50.967
This money that the federal[br]government gives to the state

0:04:50.967,0:04:52.395
is called a grant-in-aid.

0:04:52.395,0:04:53.871
Grants-in-aid can work like a carrot

0:04:53.871,0:04:55.954
encouraging a state to[br]adopt a certain policy

0:04:55.954,0:04:57.879
or work like a stick when[br]the federal government

0:04:57.879,0:04:59.781
withholds funds if the state doesn't do

0:04:59.781,0:05:01.214
what the national government wants.

0:05:01.214,0:05:02.764
Grants-in-aid are usually[br]called categorical

0:05:02.764,0:05:03.912
because they're given to states

0:05:03.912,0:05:05.829
for a particular purpose[br]like transportation

0:05:05.829,0:05:08.032
or education or alleviating poverty.

0:05:08.032,0:05:09.835
There are two types of[br]categorical grants-in-aid,

0:05:09.835,0:05:11.884
formula grants and project grants.

0:05:11.884,0:05:12.821
Under a formula grant,

0:05:12.821,0:05:14.533
a state gets aid in a[br]certain amount of money

0:05:14.533,0:05:16.210
based on a mathematical formula.

0:05:16.210,0:05:17.607
The best example of this is the old way

0:05:17.607,0:05:19.854
Welfare was given in the[br]U.S. under the program called

0:05:19.854,0:05:22.970
Aid to Families with[br]Dependent Children, AFDC.

0:05:22.970,0:05:24.569
States got a certain amount[br]of money for every person

0:05:24.569,0:05:25.953
who was classified as poor.

0:05:25.953,0:05:27.360
The more poor people a state had,

0:05:27.360,0:05:28.458
the more money it got.

0:05:28.458,0:05:30.508
Project grants require[br]states to submit proposals

0:05:30.508,0:05:31.736
in order to receive aid.

0:05:31.736,0:05:34.059
The states compete for a[br]limited pool of resources.

0:05:34.059,0:05:36.292
Nowadays, project grants are[br]more common than formula grants

0:05:36.292,0:05:38.589
but neither is as popular as block grants,

0:05:38.589,0:05:40.757
which the government gives out Lego blocks

0:05:40.757,0:05:42.734
and then you build stuff with the Legos.

0:05:42.734,0:05:43.878
It's a good time.

0:05:43.878,0:05:44.857
No, no, where the national government

0:05:44.857,0:05:46.499
gives a state a huge chunk of money

0:05:46.499,0:05:48.376
for something big like infrastructure,

0:05:48.376,0:05:50.832
which is made with concrete[br]and steel, not Legos.

0:05:50.832,0:05:52.062
And the state is allowed to figure out

0:05:52.062,0:05:52.960
how to spend the money.

0:05:52.960,0:05:54.388
The basic type of cooperative federalism

0:05:54.388,0:05:55.734
is the carrot stick type,

0:05:55.734,0:05:57.866
which is sometimes called[br]marble cake federalism

0:05:57.866,0:05:59.804
because it mixes up the[br]state and federal governments

0:05:59.804,0:06:02.586
in ways that makes it[br]impossible to separate the two.

0:06:02.586,0:06:04.868
Federalism, it's such a culinary delight.

0:06:04.868,0:06:06.060
The key to this is, you guessed it,

0:06:06.060,0:06:07.698
dolla dolla bills, y'all.[br]Money.

0:06:07.698,0:06:09.904
But there's another aspect[br]of cooperative federalism

0:06:09.904,0:06:11.250
that's really not so cooperative

0:06:11.250,0:06:12.980
and that's regulated federalism.

0:06:12.980,0:06:14.248
Under regulated federalism,

0:06:14.248,0:06:16.331
the national government[br]sets up regulations

0:06:16.331,0:06:18.091
and rules that the states must follow.

0:06:18.091,0:06:20.501
Some examples of these[br]rules, also called mandates,

0:06:20.501,0:06:22.999
are EPA regulations,[br]civil rights standards,

0:06:22.999,0:06:25.608
and the rules set up by the[br]Americans with Disabilities Act.

0:06:25.608,0:06:27.259
Sometimes the government[br]gives the states money

0:06:27.259,0:06:29.350
to implement the rules[br]but sometimes it doesn't

0:06:29.350,0:06:31.191
and they must comply anyway.

0:06:31.191,0:06:32.864
That's called an unfunded mandate,

0:06:32.864,0:06:35.724
or as I like to call it an un-fun mandate

0:06:35.724,0:06:37.373
'cause no money, no fun.

0:06:37.373,0:06:39.252
A good example of this is OSHA regulations

0:06:39.252,0:06:40.724
that employers have to follow.

0:06:40.724,0:06:41.557
States don't like these

0:06:41.557,0:06:43.167
and Congress tried to[br]do something about them

0:06:43.167,0:06:45.905
with the Unfunded Mandates[br]Reform Act, or UMRA,

0:06:45.905,0:06:47.321
but it hasn't really worked.

0:06:47.321,0:06:48.354
In the early 21st Century,

0:06:48.354,0:06:50.115
Americans are basically[br]living under a system

0:06:50.115,0:06:52.563
of cooperative federalism[br]with some areas of activity

0:06:52.563,0:06:53.955
that are heavily regulated.

0:06:53.955,0:06:55.626
This is a stretch from the original idea

0:06:55.626,0:06:57.832
that federalism will keep[br]the national government small

0:06:57.832,0:07:00.284
and have most government[br]functions belong to the states.

0:07:00.284,0:07:01.506
If you follow American politics,

0:07:01.506,0:07:02.487
and I know you do,

0:07:02.487,0:07:04.525
this small government[br]ideal should sound familiar

0:07:04.525,0:07:05.923
because it's the bedrock principle

0:07:05.923,0:07:08.296
of many conservatives and[br]libertarians in the U.S.

0:07:08.296,0:07:10.210
As conservatives made[br]major political inroads

0:07:10.210,0:07:12.679
after the 1970s, a new[br]concept of federalism,

0:07:12.679,0:07:15.156
which was actually kind of[br]an old concept of federalism,

0:07:15.156,0:07:16.138
became popular.

0:07:16.138,0:07:18.268
It was called, surprise, New Federalism

0:07:18.268,0:07:21.009
and it was popularized by[br]Presidents Nixon and Reagan.

0:07:21.009,0:07:22.110
Just to be clear, it's[br]called New Federalism,

0:07:22.110,0:07:23.922
not Surprise New Federalism.

0:07:23.922,0:07:25.229
New Federalism basically means

0:07:25.229,0:07:26.575
giving more power to the states

0:07:26.575,0:07:28.113
and this has been done in three ways.

0:07:28.113,0:07:30.259
First, block grants[br]allow states discretion

0:07:30.259,0:07:31.909
to decide what to do with federal money.

0:07:31.909,0:07:33.422
And what's a better way[br]to express your power

0:07:33.422,0:07:34.706
than spending money?

0:07:34.706,0:07:36.580
Or not spending money, as the case may be.

0:07:36.580,0:07:38.459
Another form of New[br]Federalism is devolution,

0:07:38.459,0:07:40.707
which is the process of giving[br]state and local governments

0:07:40.707,0:07:42.297
the power to enforce regulations,

0:07:42.297,0:07:45.005
devolving power from the[br]national to the state level.

0:07:45.005,0:07:46.087
Finally, some courts have picked up

0:07:46.087,0:07:47.610
the cause of New Federalism through cases

0:07:47.610,0:07:49.487
based on the 10th Amendment, which states,

0:07:49.487,0:07:52.013
"The powers not delegated[br]to the United States

0:07:52.013,0:07:55.249
"by the Constitution, nor[br]prohibited by it to the states,

0:07:55.249,0:07:58.588
"are reserved to the states[br]respectively, or to the people."

0:07:58.588,0:07:59.729
The idea that some powers,

0:07:59.729,0:08:01.686
like those police powers[br]I talked about before,

0:08:01.686,0:08:03.524
are reserved by the states has been used

0:08:03.524,0:08:05.691
to put something of a brake[br]on the Commerce Clause.

0:08:05.691,0:08:07.780
So, as you can see, where[br]we are with federalism today

0:08:07.780,0:08:09.132
is kind of complicated.

0:08:09.132,0:08:11.450
Presidents Reagan, George[br]H. W. Bush, and Clinton

0:08:11.450,0:08:13.742
seem to favor New[br]Federalism and block grants.

0:08:13.742,0:08:15.216
But George W. Bush seemed to push back

0:08:15.216,0:08:17.015
towards regulated[br]federalism with laws like

0:08:17.015,0:08:18.650
No Child Left Behind and the creation of

0:08:18.650,0:08:20.361
the Department of Homeland Security.

0:08:20.361,0:08:22.160
It's pretty safe to say that[br]we're gonna continue to live

0:08:22.160,0:08:24.000
under a regime of cooperative federalism

0:08:24.000,0:08:25.923
with a healthy dose of[br]regulation thrown in.

0:08:25.923,0:08:27.682
But many Americans feel[br]that the national government

0:08:27.682,0:08:28.909
is too big and expensive

0:08:28.909,0:08:30.339
and not what the framer's wanted.

0:08:30.339,0:08:31.286
If history is any guide,

0:08:31.286,0:08:33.366
a system of dual federalism[br]with most of the government

0:08:33.366,0:08:34.386
in the hands of the states

0:08:34.386,0:08:35.751
is probably not gonna happen.

0:08:35.751,0:08:37.009
For some reason, it's really difficult

0:08:37.009,0:08:39.054
to convince institutions to give up powers

0:08:39.054,0:08:40.182
once they've got them.

0:08:40.182,0:08:43.270
I'm never giving up this power.

0:08:43.270,0:08:44.772
Thanks for watching,[br]I'll see you next week.

0:08:44.772,0:08:46.050
Crash Course Government and Politics

0:08:46.050,0:08:48.658
is produced in association[br]with PBS Digital Studios.

0:08:48.658,0:08:51.531
Support for Crash Course U.S.[br]Government comes from Voqal.

0:08:51.531,0:08:53.990
Voqal supports nonprofits[br]that use technology and media

0:08:53.990,0:08:55.585
to advance social equity.

0:08:55.585,0:08:57.216
Learn more about their[br]mission and initiatives

0:08:57.216,0:08:58.325
at voqal.org.

0:08:58.325,0:09:01.124
Crash Course is made with the[br]help of these nice people.

0:09:01.124,0:09:02.764
Thanks for watching.

0:09:02.764,0:09:04.843
You didn't help make this[br]video at all, did you?

0:09:04.843,0:09:07.130
Nope, but you did get[br]people to keep watching

0:09:07.130,0:09:10.797
until the end 'cause[br]you're an adorable dog.