What is cooperative federalism
Cooperative federalism is a term used to describe a system with a division of power between the national and state governments. The US federal system allows for an abundance of power to be shared between the two levels. This means that the national government can impose rules and regulations on a state and that states can enact laws that apply to their entire nation. It also means that there is more individual autonomy between governments as they are more likely to split powers among themselves than within a single level of government.
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How does cooperative federalism work
In the US, the federal government shares power with the states. This is most commonly done through laws that allow for interstate cooperation. This law works by allowing states to set their own laws on various issues without fear of federal interference. For example, states that have legalized marijuana can regulate its usage without fear of Federal intervention. While some policies may interfere, it does not allow for much direct regulation from Washington D.C.
The federal government sets the rules but allows the states to set their own laws that allow for interstate cooperation. You can also learn reasons why federalism is important.
Merits and demerits of cooperative federalism
Pros of cooperative federalism
Cooperative federalism allows states to set their policies as long as they do not interfere with the national government. This means that there are more policy choices at the state level. For example, the state government can raise the speed limit from 55 to 60 without fear of interfering with national speed limit laws. This system also gives power to local communities. As local governments are more connected to their communities, they are more likely to make decisions that benefit them than a distant central government.
Cons of cooperative federalism
The main criticism of cooperative federalism is that it allows states to make laws different from the other states. This can create problems as residents may travel between states and find themselves in a state with differing policies. Many Americans argue that this creates more confusion than cooperation.
Another problem with the federalist system is that it does not allow for much regulation from the federal government. This means that the United States is less able to regulate economic and social issues. This may be seen as more of a disadvantage than an advantage, especially in cases where people need help. The only real remedy for this is to lobby higher up in government.
Central Elements of Cooperative Federalism
1. Extensive Grants of Power to Congress
Cooperative federalism is a result of gaining powers from ratifying the constitution. The framers of the constitution wanted a system that would gain power from the states and allow them to govern themselves. This led to extensive grants of power to Congress. For example, the central government has limited powers over interstate commerce. However, Congress can regulate this activity if it does not interfere with state law. States have many other powers granted by the original constitution, which Congress rarely uses.
2. Restriction on State Taxing and Spending
One of the main parts of cooperative federalism is the restriction on state taxing and spending. The constitution restricts states from taxing each other’s goods, even in another state. It also prevents states from bribing businesses by offering tax cuts to locate or remain in their state. Of course, individual states can set their laws as long as they do not interfere with a national policy, which protects against corruption and theft, and bribery.
3. Low State Autonomy in Certain Issue Areas
It does not apply in all issue areas. States have a strong hand in local government. For example, states set rules for education and welfare programs that the state government directly runs. States can also pass judgment on family law issues such as marriage, divorce, and adoption. Some argue that cooperative federalism is a balancing act between federal and state power, but little evidence supports this view. It is possible that the term was adopted because it describes what the framers were trying to achieve with their decision-making process.
4. Interstate Cooperation
Cooperative federalism is the main reason states can set their own rules on certain issues. This allows the southern states to set a different abortion laws than those in more northeastern states. The southern states could prevent other states from interfering with their laws through interstate cooperation.
Characteristics of cooperative federalism
1. Interdependence of Administration
Cooperative federalism is a system with a high degree of interdependence between the national and state governments. This means that they are more likely to make policies that share power than to take power away from each other. For example, active lobbying on either side of the political spectrum is common for each government to keep its power in check. However, the national government does not use its federal powers to directly interfere with the state level unless it has been specifically delegated.
2. Sharing of Policy Responsibilities and Financial Resources
A major characteristic is the sharing of policy responsibilities and financial resources. The national government shares responsibility with the states. This is done through interstate cooperation, which allows state governments to set their policies. Both levels of government also share financial resources that increase cooperation on issues such as social security and unemployment insurance.
3. Overlapping of Functions
The federal and state governments share responsibilities. The national government can create rules and funding, while the state governments can run programs. This allows for greater cooperation on issues with similar goals and uses. For example, both levels of government help fund road construction and maintenance throughout the country.
Examples of cooperative federalism
Cooperative federalism is visible when we overlook the overlapping of their functions.
1. Income Tax
The national government cooperates with the state governments to set laws for the income tax. Each year, it gives the states a large sum of money to manage their taxing and spending allocated through the constitution. The constitution also allows states with lower income taxes to get some funding back by creating refundable tax credits that businesses and individuals can apply to pay their taxes.
2. Highway Construction
The federal government funds and sets the rules for national highway construction. However, it also cooperates with state governments. Both levels of government fund road construction and maintenance in their respective states.
3. The Drinking Age
This is a hot topic because the drinking age differs from state to state. States can set their laws as long as they do not violate the national drinking age laws, which are 18 in most states.
Although the national government is not federally involved, it cooperates with state governments through interstate cooperation. Abortion laws in both levels of government can be different, though states are required to let women under 18 have abortions without parental consent.
5. State Symbols and Mottos
States have the right to create symbols and mottos that reflect the state’s identity. This is important because they represent their people and ideals to the outside world, which can be a source of national pride.