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Chapter 3

Chapter 3. FEDERALISM: STATES AND NATION. Welfare Reform and the States. Aid to Families with Dependent Children (AFDC) was established under the Social Act of 1935. An entitlement program for children in poor, mostly female-headed, families

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Chapter 3

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  1. Chapter 3 FEDERALISM: STATES AND NATION

  2. Welfare Reform and the States • Aid to Families with Dependent Children (AFDC) was established under the Social Act of 1935. • An entitlement program for children in poor, mostly female-headed, families • Eligibility rules and funding came from national government, while the states administered the program

  3. The 1996 Personal Responsibility and Work Opportunity Act • gave the states much wider latitude to create their own welfare programs • continued federal funding of welfare programs • This interplay between national and state governments illustrates the dispersion of power in our federal system.

  4. Forms of Government • Federalism—significant government powers are divided between the central government and smaller governmental units • Confederation—constituent units or states retain ultimate authority and can veto major actions of the central government • Unitary—central government exercises all governmental powers and can change its constituent units

  5. Federalism as a System of Government • American federalism involves a multiplicity of governing levels and units. • Federalism is not a common way of organizing governments around the world. • There are no neat boundaries among different forms of government.

  6. The Roots of Federalism • Modern federalism is largely an American invention. • Most federal systems are found in countries that are large and diverse. • Unitary government is the most common form of government today.

  7. Federalism in the Constitution • Independent State Powers • Supremacy Clause • Article VI • Enumerated Powers • Article I, Section 8 • Reservation Clause • 10th Amendment

  8. The States’ Roles in National Government • Amending the Constitution • House of Representatives • Senate • Electoral College • Relations Among the States • “privileges and immunities” (Article IV)

  9. The Evolution of American Federalism • Despite many ebbs and flows in the relative power of the states and national government, eventually the national government gained ground. • Economic crises generate pressures for greater national government role. • War also spurs greater national government role.

  10. The Perpetual Debate About the Nature of American Federalism • The Nationalist Position • Focus on: • “supremacy clause” • “elastic”/ “necessary and proper clause” • The States’ Rights Position • Focus on: • “du al federalism”

  11. Federalism Before the Civil War • Nullification efforts • The Marshall Court • McCulloch v. Maryland (1819) • broad reading of necessary and proper clause (Article I, Section 8) • Limiting and preempting the States • contract clause (Article I, Section 10) • preemption

  12. THE SLAVERY ISSUE • Missouri Compromise of 1820 • Compromise of 1850 • “Bleeding Kansas” (1854) • Democratic Party splits (1860)

  13. Effects of the Civil War • Indissoluble Union • Constitutional Amendments • 13th Amendment • 14th Amendment • due process clause • equal protection clause • 15th Amendment • Emergency Powers

  14. Expanded National Activity Since the Civil War • The Late 19th Century to WWI • The New Deal • World War II • The Post-War Period • Supreme Court Support for Nationalism

  15. Resurgence of the States in the 1990’s • Growing state share of public spending • Growing state share of public employees • Growing popularity of “devolution” • Role of the Rehnquist Court • Role of Clinton and the 104th Congress

  16. Terrorism and the Resurgence of the Federal Government • The terrorist attacks of September 11, 2001 and the subsequent war on terrorism helped refocus public attention on the national government. • This tendency likely will be further exaggerated by the perceived need for homeland security.

  17. “Marble cake” Federalism • Often used as a metaphor for cooperative federalism • Elements of national and state influence swirl around each other, without clear boundaries.

  18. National Grants-in-Aid to the States • Grants-in-aid are federal funds allocated to states and local governments. • Origin and growth of grants • 1787 Northwest Ordinance • 1900-1930s • 1950s-1970s • 1980s • 1990s

  19. Reasons for Grants • Externalities: “spillover effects” • Abundant National Government Resources • Local Provision • Categorical Grants • The “New Federalism” (Nixon and Ford) • block grants • general revenue sharing

  20. Debates About Federal Money and Control • Many contemporary facets of federalism involve questions of money and control. • Conditions on aid — require states to spend grant money in certain ways if they want to receive federal funding • Mandates — require the states to carry out certain policies, even when little or no national government aid is involved

  21. U.S. Federalism — Pro and Con • PRO: • Diversity of Needs • Closeness to the People • Innovation and Experimentation • Training Ground for Women and Racial Minorities

  22. U.S. Federalism — Pro and Con • CON: • The Importance of National Standards • Low Visibility and Lack of Popular Control • Spillover Effects and Competition

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