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Regulatory Federalism

Regulatory Federalism. 9/14/2011 Lecture 5. Clearly Stated Learning Objectives. Upon completion of this course, students will be able to: understand and interpret the United States Constitution and apply it to present policy dilemmas. 

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Regulatory Federalism

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  1. Regulatory Federalism 9/14/2011 Lecture 5

  2. Clearly Stated Learning Objectives • Upon completion of this course, students will be able to: • understand and interpret the United States Constitution and apply it to present policy dilemmas.  • understand why our national government works and why the American system of government is unique.

  3. Office Hours • Tomorrow 8-12 • Monday 8-10:30 • Free Constitutions for anyone who stops by

  4. Regulatory Federalism • Using Sanctions and rules to promote national policy goals • Withholding money instead of rewarding it • Regulation is cheap

  5. Types of Regulatory Federalism

  6. Preemption • Stems from the Supremacy Clause • New Technology • Used to Standardized Regulation • Limits Freedom of the States

  7. Preemption promotes standardization Then Now

  8. Standard Labels on Food Food Drinks

  9. Restraints • These Prohibit the states from acting • Mandates and Direct orders

  10. Types of Restraints • Direct Orders (you can’t) • Mandates (you must) • Unfunded Mandates

  11. Withholding Money Sanctions

  12. Cross-Cutting Requirement • Comply with the Law • Or Else (no federal money whatsoever) • Grove City College

  13. Cross-over sanction • Do as your are told in policy area A • Or Get No Money in policy area B

  14. Federalism- The Good

  15. Diffusion of Power • Power is not concentrated • Local problems handled locally

  16. More Access Points • Local Government and State Government • More Representation • Choice of Public Services

  17. Laboratories of Democracy • Fosters experimentation and innovation • Trial audiences

  18. Federalism- The Bad

  19. Federalism is Costly • Additional Layers of government incur costs • Multiple layers means more red tape • Who can arrest us?

  20. Uncertainty over Laws • What is legal in one state • May be illegal in another

  21. Variations in Policy Capacity • The ability of states to handle their responsibilities • Many states lag behind • Size and people • affluence

  22. Consequences of Policy Capacity

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