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Chapter 3. FEDERALISM. Vs. Single most persistent sources of political conflict has been relations between national & state governments. Federal System. Vs. Unitary System. Federal System. Decentralize administrative burdens of governing
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Chapter 3 FEDERALISM Vs.
Single most persistent sources of political conflict has been relations between national & state governments
Federal System Vs. Unitary System
Federal System • Decentralizeadministrative burdens of governing • Local units exist independent of the preferences of National Gov. & make some independent decisions
Unitary System • Local governments can be altered or even abolished by the national government and cannot plausibly claim to have final authority over any significant government activities
SubnationalGovernments • Protected by: • Constitution • Habits, preferences and dispositions of the citizens =TRADITION
Daniel Elazar • Pro - Federalism • Subnational governments set precedent • Subnational governments have taken lead in protecting environment, etc.
Pro – Federalism • Reasonable chance of having a practical effect • Widespread opportunities for political participation
William Riker • Condemns Federalism • Prolonged slavery
Main Effect of Federalism • Increased political activity • Decentralization of POWER
FEDERALISM SEPARATION OF POWERS
Confederal System • National government derives its powers from the states • Articles of Confederation
10th Amendment • “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people
Hamilton v. Jefferson • Thomas Jefferson – State Government • Alexander Hamilton – Federal Government
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite” James Madison
CIVIL WAR • National Supremacy v. State Rights • National Government is supreme
National Supremacy • National Supremacy confirmed by McCulloch v. Maryland • Necessary and Proper Clause • Congress can pass all laws that are necessary and proper to its duties • Congress can exercise powers not specifically given to it
NULLIFICATION • States can declare “null and void” a federal law that the states’ believed violated Constitution • Jefferson and Madison • States cannot do this today
Dual Federalism Dual Federalism • National Government supreme in their sphere • State Government supreme in their sphere • KEPT SEPARATE • Commerce Clause
Dual Federalism • Commerce Clause • Interstate v. Intrastate commerce • Eleventh Amendment • Protects states from lawsuits by citizens of other states or foreign nations
State Powers • Police Power: state power to enact laws promoting health (vaccinations), safety (law enforcement), and morals.
State Powers • Initiative: process that permits voters to put legislative measures directly on the ballot • DIRECT DEMOCRACY • Signatures 5-15%
State Powers • Referendum:voters reject measure passed by legislature
State Powers • RECALL: (20 states) voters remove elected official from office
Local Governments (city) Exist at pleasure of the State Governments Unitary System
Grants-in-Aid • Money given by the National Government to the states • Has continued to grow • Washington pay bills state runs programs
Change • 1960s • Federal government devising grant programs on national needs not what states were demanding
Intergovernmental Lobby • Elected & appointed officials • Mayors, governors, superintendents of schools, etc. page 62 • Purpose: obtain federal money with fewer strings attached
Categorical Grants • Grant for specific purpose defined by federal law • Airport • Put up money to match some part of grant (usually small) • Governors and mayors say categorical grants are too narrow
Revenue Sharing • Gives states and cities more freedom in how to spend the money • WHO GETS IT • County’s or city’s population, personal income in that area v.
Conditions of Aid • Federal government tells the state government what it must do to get the money
Conditions of Aid • “if you don’t want the strings, don’t take the money.” • Free federal money was not quite free after all • Cutbacks • Garbage private firm
Mandates • What state governments must do whether or not they take the money • Civil Rights • Environmental Protection
Mandates • 10th Amendment no protection versus mandates • Comes from courts (federal mandates) • Desegregation
Second-Order Devolution • Triggered by federal welfare programs • Power from states to local governments
Third-Order Devolution • Increased role of nonprofit organizations and private groups (for profit) • Welfare to work