Welfare Reform and the Welfare Reform and the StatesStates
Aid to Families with Dependent Aid to Families with Dependent ChildrenChildren (AFDC) was established (AFDC) was established under the under the Social ActSocial Act of 1935. of 1935.• An entitlement program for children in poor, An entitlement program for children in poor,
mostly female-headed, familiesmostly female-headed, families• Eligibility rules and funding came from Eligibility rules and funding came from
national government, while the states national government, while the states administered the programadministered the program
The 1996 The 1996 Personal Responsibility and Personal Responsibility and Work Opportunity ActWork Opportunity Act
• gave the states much wider latitude to gave the states much wider latitude to create their own welfare programscreate their own welfare programs
• continued federal funding of welfare continued federal funding of welfare programsprograms
This interplay between national and state This interplay between national and state governments illustrates the dispersion of governments illustrates the dispersion of power in our federal system.power in our federal system.
Forms of GovernmentForms of Government FederalismFederalism — significant government significant government
powers are divided between the central powers are divided between the central government and smaller governmental unitsgovernment and smaller governmental units
ConfederationConfederation — constituent units or states constituent units or states retain ultimate authority and can veto major retain ultimate authority and can veto major actions of the central governmentactions of the central government
UnitaryUnitary — central government exercises all central government exercises all governmental powers and can change its governmental powers and can change its constituent unitsconstituent units
Federalism as a System of Federalism as a System of GovernmentGovernment
American federalism involves a American federalism involves a multiplicity of governing levels and multiplicity of governing levels and units.units.
Federalism is not a common way of Federalism is not a common way of organizing governments around the organizing governments around the world.world.
There are no neat boundaries among There are no neat boundaries among different forms of government.different forms of government.
The Roots of FederalismThe Roots of Federalism
Modern federalism is largely an Modern federalism is largely an American invention.American invention.
Most federal systems are found in Most federal systems are found in countries that are large and countries that are large and diverse.diverse.
Unitary government is the most Unitary government is the most common form of government common form of government today.today.
Federalism in the Federalism in the Constitution Constitution
Independent State PowersIndependent State Powers• Supremacy Clause Supremacy Clause
– Article VIArticle VI• Enumerated Powers Enumerated Powers
– Article I, Section 8Article I, Section 8• Reservation Clause Reservation Clause
– 10th Amendment10th Amendment
The States’ Roles in National The States’ Roles in National GovernmentGovernment•Amending the ConstitutionAmending the Constitution•House of RepresentativesHouse of Representatives•SenateSenate•Electoral CollegeElectoral College
Relations Among the StatesRelations Among the States•““privileges and immunities” (Article privileges and immunities” (Article
IV)IV)
The Evolution of American The Evolution of American FederalismFederalism
Despite many ebbs and flows in Despite many ebbs and flows in the relative power of the states the relative power of the states and national government, and national government, eventually the national eventually the national government gained ground.government gained ground.• Economic crises generate pressures for Economic crises generate pressures for
greater national government role.greater national government role.
• War also spurs greater national War also spurs greater national
government role.government role.
The Perpetual Debate About the The Perpetual Debate About the Nature of American FederalismNature of American Federalism
The Nationalist PositionThe Nationalist Position• Focus on:Focus on:
– ““supremacy clause”supremacy clause”– ““elastic”/ “necessary and proper elastic”/ “necessary and proper
clause”clause”
The States’ Rights PositionThe States’ Rights Position• Focus on: Focus on:
– ““dudu al federalism”al federalism”
Federalism Before the Civil Federalism Before the Civil WarWar
• Nullification effortsNullification efforts• The Marshall CourtThe Marshall Court
– McCulloch v. Maryland (1819)McCulloch v. Maryland (1819)– broad reading of necessary and proper broad reading of necessary and proper
clause (Article I, Section 8)clause (Article I, Section 8)
• Limiting and preempting the StatesLimiting and preempting the States– contract clause (Article I, Section 10)contract clause (Article I, Section 10)– preemptionpreemption
THE SLAVERY ISSUETHE SLAVERY ISSUE
•Missouri Compromise of 1820Missouri Compromise of 1820•Compromise of 1850Compromise of 1850•““Bleeding Kansas” (1854)Bleeding Kansas” (1854)•Democratic Party splits Democratic Party splits
(1860)(1860)
Effects of the Civil WarEffects of the Civil War
Indissoluble UnionIndissoluble Union Constitutional AmendmentsConstitutional Amendments
• 13th Amendment13th Amendment• 14th Amendment14th Amendment
– due process clausedue process clause– equal protection clauseequal protection clause
• 15th Amendment15th Amendment Emergency PowersEmergency Powers
Expanded National Activity Expanded National Activity Since the Civil WarSince the Civil War
The Late 19th Century to WWIThe Late 19th Century to WWI The New DealThe New Deal World War IIWorld War II The Post-War PeriodThe Post-War Period Supreme Court Support for Supreme Court Support for
NationalismNationalism
Resurgence of the States Resurgence of the States in the 1990’sin the 1990’s
Growing state share of public Growing state share of public spendingspending
Growing state share of public Growing state share of public employeesemployees
Growing popularity of “devolution”Growing popularity of “devolution” Role of the Rehnquist CourtRole of the Rehnquist Court Role of Clinton and the 104th Role of Clinton and the 104th
CongressCongress
Terrorism and the Resurgence of Terrorism and the Resurgence of the Federal Governmentthe Federal Government
The terrorist attacks of September 11, The terrorist attacks of September 11, 2001 and the subsequent war on 2001 and the subsequent war on terrorism helped refocus public terrorism helped refocus public attention on the national government.attention on the national government.
This tendency likely will be further This tendency likely will be further exaggerated by the perceived need exaggerated by the perceived need for homeland security.for homeland security.
““Marble cake”Marble cake” FederalismFederalism
Often used as a metaphor for Often used as a metaphor for cooperative federalismcooperative federalism
Elements of national and state Elements of national and state influence swirl around each other, influence swirl around each other, without clear boundaries. without clear boundaries.
National Grants-in-Aid to the National Grants-in-Aid to the StatesStates
Grants-in-aidGrants-in-aid are federal funds are federal funds allocated to states and local allocated to states and local governments.governments.
Origin and growth of grantsOrigin and growth of grants• 1787 Northwest Ordinance1787 Northwest Ordinance• 1900-1930s1900-1930s• 1950s-1970s1950s-1970s• 1980s1980s• 1990s1990s
Reasons for GrantsReasons for Grants• Externalities: “spillover effects”Externalities: “spillover effects”• Abundant National Government Abundant National Government
ResourcesResources• Local ProvisionLocal Provision
Categorical GrantsCategorical Grants The “New Federalism” (Nixon and
Ford)• block grantsblock grants• general revenue sharinggeneral revenue sharing
Debates About Federal Debates About Federal Money and ControlMoney and Control
Many contemporary facets of Many contemporary facets of federalism involve questions of federalism involve questions of money and control.money and control. • Conditions on aid — require states to require states to
spend grant money in certain ways if they spend grant money in certain ways if they want to receive federal fundingwant to receive federal funding
• Mandates — require the states to carry out require the states to carry out certain policies, even when little or no certain policies, even when little or no national government aid is involvednational government aid is involved
U.S. FederalismU.S. Federalism — Pro and ConPro and Con
PRO:PRO:• Diversity of NeedsDiversity of Needs• Closeness to the PeopleCloseness to the People• Innovation and ExperimentationInnovation and Experimentation• Training Ground for Women and Training Ground for Women and
Racial MinoritiesRacial Minorities