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AMERICAN FEDERALISM

AMERICAN FEDERALISM. September 27th, 2003. Establishing the Two Orders of Government -- Federalism. Why Have a Federal Government? practical reasons philosophical reasoning Why Maintain State Governments? practical reasons philosophical reasoning. Level of Centralization.

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AMERICAN FEDERALISM

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  1. AMERICAN FEDERALISM September 27th, 2003

  2. Establishing the Two Orders of Government -- Federalism • Why Have a Federal Government? • practical reasons • philosophical reasoning • Why Maintain State Governments? • practical reasons • philosophical reasoning

  3. Level of Centralization Small Unitary Gov’ts Large Unitary Gov’t Confederation Federalism Decentralized Federation US 1789 US 2002 Centralized Federation

  4. Indicators of Centralization • size of the federal government • expenditures, programs, budgets • federal grants-in-aid, mandates • federal inducements/requirements that states undertake certain actions • federal preemption • regulation of interstate commerce

  5. American Federalism • explanations of centralization • idea of “one nation” • E Pluribus Unum • American civil war • citizen demands for rights to be extended equally across the nation • representation of state interests within the national government as opposed to representation through relations between state governments and national government • the Senate!

  6. Centralization in Context • broad trend of centralization has taken place within a context of important powers reserved to the states • examples of differences in the exercise of powers reserved for the states • the death penalty • gun control • medical marijuana • right to die (e.g. assisted suicide) • referendums/initiatives

  7. The New Federalism • the devolution revolution • 1980-2002 • peaked in 1994 with Contract with America

  8. The “New” Federalism 1980-2000 Small Unitary Gov’ts Large Unitary Gov’t (Confederation) Federalism Decentralized Federation US 1980 Centralized Federation

  9. The Devolution Revolution • causes of devolution • about limiting government • Theodore Lowi • devolution is about dual federalism and dual citizenship • proponents of devolution believe... • states rights should predominate on issues of race, class and gender • e.g. welfare • this was the case from 1930-1960 but was abrogated during the 1960s and 1970s • devolution is an attempt to return to the proper state of things • explains idiosyncratic patterns of federal vs. state dominance

  10. The New Federal Activism • examples of expanded federal intervention • education • No Child Left Behind • medical marijuana

  11. The New Federal Activism • examples of federal intervention • education • No Child Left Behind • medical marijuana • Defense of Marriage Act • right-to-die • Gonzales v. Oregon

  12. The New Federal Activism • significant shift in accepted wisdom that decentralization favoured by the right • intervention by federal government used to further conservative causes • shifting in thinking on federalism – shifting beliefs about conservative control of federal government??

  13. Main Message! • federalism... • not simply a technical issue about which gov’t is best placed to do what • involves... • philosophical questions regarding the overall role of government • practical questions regarding partisan control of various levels of government

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