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Lecture 4: Federalism

Lecture 4: Federalism. Concept of Federalism Advantages and Disadvantages of federalism History of federal power. Concept of Federalism. Federal vs Unitary. Concurrent powers. Fed. State. Division of powers. What areas are exclusively federal responsibilities?

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Lecture 4: Federalism

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  1. Lecture 4: Federalism • Concept of Federalism • Advantages and Disadvantages of federalism • History of federal power

  2. Concept of Federalism • Federal vs Unitary Concurrent powers Fed State

  3. Division of powers • What areas are exclusively federal responsibilities? • coin money, wage war, make foreign treaties, regulate immigration and citizenship, regulate interstate commerce • What areas are exclusively or mostly state responsibilities? • establish local governments, ratify constitutional amendments, education • What areas are concurrent? • Tax, borrow money, set up courts

  4. Advantages of a decentralized federal system? • Better reflects local or regional differences • example: speed limits • minimum wage • allows for experimentation • example: Oregon’s assisted suicide?

  5. Disadvantages of federalism • can inhibit trade and mobility • example: state tuition • can promote a race to the bottom • example: lower state taxes, lax environmental laws

  6. For 200 years federal govt expanded with respect to: • Power over the states • regulation and control in economy and society • programs and services provided to citizens • employment • revenue and spending

  7. Post Civil War Era • Growth of big business and national economy • necessary action by fed govt: • starting with regulating railroads, and monopolies

  8. Great Depression and New Deal (1929-41) • Works Project Administration • Social Security • and much more--eventually with USSC approval • Wickard v Filburn (1942) • digression--Raich v Gonzalez (2005)

  9. Civil Rights and Integration (1954-74) • Federal laws and federal troops integrating schools and public accommodations • Heart of Atlanta Motel v United States (1964)

  10. Great Society (1963-69) • War On Poverty • Medicare • Medicaid

  11. Reagan “revolution” and devolution • Less “strings” on reduced federal funding for state programs--from categorical to block grants • Example of “Welfare” reform in 1990s • Conservative Supreme Ct reducing federal controls over states • Examples: • US v Lopez (1995) • US v Morrison (2000) • Robert’s “hapless toad”

  12. California--a donor state--why? • high income • young population • end of cold war funding • diverse Congressional delegation The Collectonator or Flabulator?

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