The State in American Bedrooms

1. The State in American Bedrooms “…crossing a state boundary can involve ‘stepping into another moral universe’. Oral sex for example, was illegal in 15 of the 50 states as late as 1999. Adultery remained a crime in 24 of them. Eight states had prohibited the sale, though not the use of ‘marital aids’. Thirty-three states had no statute relating to fornication, but in 17 it was considered a misdemeanour or felony. Incest was a felony in 48 states but only a misdemeanour in Virginia and did not even merit a statute in Rhode Island. Prostitution was only a misdemeanour in most states but the strongest condemnatory language in American sex law was reserved for sodomy, although 23 states had no statutes at all pertaining to the practice. Theoretically the state of Alabama allows sex with donkeys and corpses (no law exists against either bestiality or necrophilia), but punishes oral sex between husbands and wives.” Robert Singh, American Government & Politics p243

2. Origins of Federalism

3. Learning Objectives • To examine the origins of federalism • To identify the role of federalism in the constitution

4. Federalism • Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. • The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (like states or provinces). • Federalism is a system based upon democratic rules and institutions in which the power to govern is shared between national and provincial/state governments, creating what is often called a federation. • Proponents are often called federalists.

5. The USA is composed of 6 administrative divisions (regions).

6. The USA is composed of 50 self-governing states and several territories.

7. Federalism Origins of Federalism Powers of the National Government Powers Denied to the National Government The States Exclusive and Concurrent Powers Local Government

8. Origins of Federalism The Framers were dedicated to the concept of limited government. They were convinced • (1) that governmental power poses a threat to individual liberty, • (2) that therefore the exercise of governmental power must be restrained, and • (3) that to divide governmental power, as federalism does, is to curb it and so prevent its abuse.

9. Federalism is a system of government in which a written constitution divides the powers of government on a territorial basis between a central, or national, government and several regional governments, usually called states or provinces. The Constitution provides for a division of powers, assigning certain powers to the National Government and certain powers to the States.

10. Powers of the National Government • The National Government is a government of delegated powers, meaning that it only has those powers delegated (granted) to it in the Constitution. There are three types of delegated powers: • The expressed powersare those found directly within the Constitution. • The implied powersare not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers. • The inherent powersbelong to the National Government because it is the government of a sovereign state within the world community. There are few inherent powers, with an example being the National Government’s ability to regulate immigration.

11. Who should make decisions on… • Marriage • Death penalty • Environmental standards • Education • Gun Control • Welfare reform

12. How many govts are there? • 1 federal government • 50 state governments • 3,000 counties • 19,000 municipalities • Townships 17,000 • 14,000 School districts • 31,555 Special districts (i.e. Port Authority)

13. Constitutional Basis of Federalism • National Government • Article 1- “No state shall” coin money, engage in treaty, lay duties, engage in war • Article 1, Section Congress shall do what is "necessary and proper" and “general welfare” • Article 6-Supremacy Clause "supreme law of the land“ • States • guarantee to every state in this union a republican form of government • “The powers not delegated to (fed govt) are reserved to the states respectively, or to the people.”

14. Constitution & Federalism • Fed #51 “ a double security against majority tyranny” • Divide the power of government within the levels of government (sep of powers) but also across governments (between state and national governments) • Different governments will control each other against the oppression of governments

15. States Rights vs. Nationalists • Then and Now Rick Perry John Adams – Second President and strong advocater of central government

16. Dual Federalism • 1789-1937, Layer cake model • two distinct layers of government • Separate powers and spheres of influence • Feds, internal improvements, tariffs, etc • States- commerce, banking, insurance, slavery, health, education, criminal, etc

17. Hammer v. Dagenhart (1918) • Hammer v. Dagenhart, 247 U.S. 251 (1918), was a United States Supreme Court decision involving the power of Congress to enact child labor laws. The Court held regulation of child labor in purely internal (to a single state) manufacturing, the products of which may never enter interstate commerce, to be beyond the power of Congress, distinguishing the Lottery line of cases, which concerned Congressional regulation of harms (e.g. interstate sale of lottery tickets) that required the use of interstate commerce.[1]

18. Great Depression and Demise of Dual Federalism

20. Federal Emergency Relief Act of 1933

21. Cooperative Federalism • Eisenhower Era • Interstate Highways • Urban Renewal • Airport Construction • Great Society programs • Medicaid and Medicare • Education Aid • Model Cities • Today • Clinton crime, education policy (100k new police) • Bush – Leave No Child Behind • Obama- stimulus package, health care

22. Categorical grants • Federal grant of $ to state • interstate highways, poverty, crime, education, pollution • Categorical grants specified use of money • Head Start Education programme – 1965 then 1981 then 2007

23. Marble Cake Federalism • Intermingling of federal, state, and local authority • Example of education • Feds- Leave no child behind, Special education, Labourlaws • States- labourlaws, curriculum, testing • Local- hire the teachers, finance

24. Food Stamp Program • National Goal- improve nutrition in low income households • Feds provide $, pay 62% of administrative costs • States- determine eligibility standards

25. Supplemental Nutrition Assistance Program • Feds revise eligibility criteria • Up to 130% of poverty line (2,389 family of 4) • Able bodied adults can receive for 3 months • Disabled vet, child of vet • State EBT/Debit Card • No discrimination race, gender, sex orientation • Most legal immigrants eligible

26. Rick Perry- happy or sad?

27. New Federalism • 1968-present • Reduce the power of the national government • Less $$, fewer strings (?)

28. Block Grants • provided unrestricted grants to states and localities • Entitlement, not competition

29. Energy Efficiency and Conservation Block Grant Program (2009) •  ”$2.7 billion will be awarded through formula grants. In addition, approximately $454 million will be allocated through competitive grants” (energy.gov)

30. Grants can be used for  • Development of an energy efficiency and conservation strategy • Building energy audits and retrofits, including weatherization • Financial incentive programs for energy efficiency • Transportation programs to conserve energy and support renewable fuel infrastructure • Building code development, implementation, and inspections • Installation of distributed energy technologies • source reduction, recycling, and recycled content programs • Reduction and capture of greenhouse gas emissions generated by landfills or similar waste-related sources • Installation of energy efficient traffic signals and street lighting • Installation of renewable energy technologies on government buildings • Any other appropriate activity that meets the purposes of the program and is approved by DOE

31. Rick Perry- happy or sad?

32. Reagan’s New Federalism More block grants, less money • Federal aid to state and local govts fell by 39%. • Buffalo 1977- 31% of their revenues from Washington, by 1992 they got only 6%.

34. Reagan’s New Federalism • Choose your own? • You can make any kind of cake you want • You have fewer ingredients • Have to pay for it yourself

35. Rick Perry- happy or sad?

36. Popular Support • In which of the following people in government do you have the most trust and confidence? • Federal government 19% • State government 22% • Local government 37%

37. Coercive or Regulatory Federalism, 1980- • Democratic Unfunded Mandates • Asbestos Hazard Emergence Act of 1986 • Safe Drinking Water Act 1986 • Americans with Disabilities Act of 1990 • National Voter Registration Act of 1993 • GOP Unfunded Mandates • No Internet taxation • No Child Left Behind • Help America Vote Act

38. HAVA • Update their voting machines (no punch card) • each polling location have at least one voting system accessible to individuals with disabilities •  develop a single, uniform, official, centralized, interactive computerized statewide voter registration list

39. Cake Analogy? • Baking Analogy- You can have any cake you want as long as it has chocolate

40. State Mandates Under Obamacare • Adjust eligibility in Medicaid to new federal rules (16 million+) • Establish high risk insurance pools for people with preexisting conditions (by Jan 1, 2014); create insurance exchanges • Require insurance companies to allow dependents up to 26 stay on parent’s insurance

41. Rick Perry- happy or sad?

43. Popular Support • Which level of government does the best job of dealing with the problems it faces • Federal government 14% • State government 21% • Local government 41%

44. Constitution & Federalism Redux • Fed #51 “ a double security against majority tyranny” • Divide the power of government within the levels of government (sep of powers) but also across governments (between state and national governments) • Different governments will control each other against the oppression of governments

45. General Trends • Primary constraints are political, not constitutional • Federal role is reduced, 16% of state and local governments budgets • Intense state experimentation • Bipartisan belief in devolution

46. Devolution Theory • “enhance the responsiveness and efficiency of the federal system based on the theory that state and local governments can do a better job of providing services for citizens"

47. How Much Devolution is there? • "if we exclude Social Security, Medicare, net interest on the federal debt, and defense from the total expenditures of federal, state, and local governments in the United States, 80 percent of what remains is administered by state and local governments" (1999, 3).

48. Constitution • Article 1, Section 8 • Congress shall do what is “necessary and proper” to promote “interstate commerce” • 10th Amendment • powers not delegated to federal government are "reserved to the states or the people” • Supreme Court’s changing interpretation of the commerce clause

49. Revisiting the Commerce Clause • 21 drinking Age and highway funding • US v. Lopez • Gun Free School Zones Act of 1990 • Does it relate to commerce

50. Why Federalism Matters • Determines who pays (welfare $148 v. $360) • Determines how much uniformity of policy there will be (death penalty) • Determines who makes the decisions (textbooks) • Determines accountability