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Federalism -- Chapter 3
Review: What is federalism?
Government Structure
Federalism
political system in which there are local units of gov’t, as well as a national gov’t that can make final decisions with respect to at least some government activities.
Separate self-sustaining centers of power, prestige, and profit.
3 powers...remember??
Devolution?
The effort to transfer responsibility for many public programs and services from the federal government to the states.
Happening now
Keep this in mind, whether we are experiencing this now, while learning about the chapter
Governmental Structure
Federalist 10 (papers written by Jay, Madison and Hamilton)
In the US there is a great opportunity for all relevant interests
Increased Political Activity
More likely to be involved if you think you will have an effect
The Founding
Why?
to protect liberty (separation of powers and checks and balances)
A Bold New Plan
National and state gov’t would have certain powers, but no supreme authority over the other
Framers assumed federal gov’t would have only those powers laid out in the Constitution
The Founding
Elastic Language
Some clauses were very VAGUE, circumstances would change
Why would it be called elastic?
Other Systems
Unitary System
All powers in hands of the national government (single, central agency)
Confederation
States are sovereign (supreme or ultimate political authority), national government can only do what states permit
Dual Federalism, aka layer cake federalism
Doctrine holding that the national government is supreme in its sphere, the states are supreme in theirs, and that the two should be kept separate
Cooperative Federalism, aka marble cake federalism
Theory that all levels of government could work together to solve common problems. Supremacy Clause says that the Constitution is supreme.
Debate on the Meaning
Who has more power? Are they equal?
In Favor of Congress (Cooperative Federalism)
McCulloch v MD
Refused to pay tax from his national bank to MD
Appealed to the Supreme Court
Expanded rights of Congress
NECESSARY AND PROPER
“Power to tax involved power to destroy”...why can’t state tax a national bank?
Necessary and Proper Clause
Congress can pass laws necessary and proper to its duties, allow them to exercise power not specifically granted (enumerated)
Add to the side
2 Fundamental questions:
Does Congress have the right to charter a national bank without constitutional authority?
Could a State tax such a bank?
Federalism and the Commerce Clause
Gibbons v. Ogden (1824)
Power to regulate interstate navigation was granted to Congress by the Commerce Clause
Who holds the power in these two examples?
In Favor of States
Nullification
A state can declare null and void a federal law that, in the state’s opinion, violates the Constitution.
In Favor of States
Police Powers
state power to enact laws promoting health, safety, and morals
In Favor of States
10th Amendment
Reserved for the states
states can do anything not prohibited by Constitution or preempted by federal policy and consistent with their policy
In Favor of States
Initiatives
allow voters to put leg. matters directly on the ballot with signatures
Recall
1/3 states -- remove elected official from office
Referendum
enables voters to reject a measure adopted by legislature
Federal-State Relations
grants-in-aid
Money given by the national government to the states
ex. Medicaid, for state purposes
Washington pays bills, states run the programs
Federal Aid Con’t
Conditions of Aid
Terms set by national government that states must meet if they are to receive certain funds
Federal-State Relations Con’t.
Categorical Grants
One for specific purposes defined by federal law
ex. Welfare payments, build airports
Block Grants
states can spend with broad guidelines determined by Washington
Federal-State Relations
Revenue Sharing
adopted in 1972, expired in 1986
federal sharing of a fixed % of its revenue with states
originally intended to used for any purpose whatsoever
Federal Aid and Federal Control
Block grants and revenue sharing were efforts to reverse federal control over states, but categorical grants grew faster.
Strings have continually been added since the 1960s (Civil Rights)
Does federal aid support dual federalism? What about cooperative federalism?
Devolution Revolution
Reagan’s New Federalism
renewed effort to downsize the federal government and turn more authority over to the States
A Devolution Revolution?
1994
Republican majorities in House and Senate
renewed effort to shift functions back to the states
Devolution Revolution?
Welfare
Aid to Families with Dependent Children (AFDC) 1996
Originally a categorical grant, changed to block grant
Ended federal guarantee of support and turned it over to the states aided by federal block grants
Mandates
Mandates
terms set by the national government that states must meet whether or not they accept federal grants
ex. Civil Rights, Environment Protection, American with Disabilities Act
Increased over time (1980 - 36, 1990s-140)
Supreme Court has supported growth in mandates
Mandates
Clean Air Act of 1990 (reduce smog and air pollution)
Environmental Protection Agency sets limits on how much pollutants in the air
States should carry the Clean Air Act out
States must develop state implementation plans
Mandates
Americans with Disabilities Act
previously in the hands of state officials, but federal officials felt that they were not doing enough
Unfunded, revenue must be generated locally
prohibits discrimination based on disability
Similar protections as the Civil Rights Act of 1964 (outlawed discrimination based on sex, religion, race)
Mandates
Add -
Unfunded Mandates Act of 1994 -
To curb unfunded mandates and strengthen the relationship between nation and the state
Federalism and the Commerce Clause
U.S. v Lopez
Set limits on government interference on state and local affairs under the commerce clause
What drives devolution?
Beliefs of devolution’s proponents
Realities of deficit politics
Views of most citizens
Devolution
Are we experiencing a devolution?