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Reading/Lecture 3 The National Context of Texas Politics and Government. Federalism. Federalism -Vertical Separation of Powers. Federalism is a system of government in which both the national and state governments share power within the same political system.
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Reading/Lecture 3 The National Context of TexasPolitics and Government • Federalism
Federalism -Vertical Separation of Powers • Federalism is a system of government in which both the national and state governments share power within the same political system. • Fundamental design of American Political System • U.S. Constitution addresses national, state and “the peoples” responsibilities in the federal system.
Three Types of Democratic Government Design • Unitary • Hierarchical • Centralized Power • Subdivisions carry out or enforce policy decisions • UK and Texas • Federation • Compromise • State Autonomy • Government closer • to people • Lacks uniformity in • laws • Services vary from • state to state • Confederation • Opposite of Unitary • Central Government power derived from states (lower sub units) • Articles of Confederation • Confederacy • United Nations
Advantages of Federalism • Geography • Political subcultures with different priorities. • Population and layers of governments necessary to fulfill obligations. • Multiple arenas for decision making. • Interstate compacts • States as a “testing lab” for new policies.
Federal System Drawbacks • The variance in local policy application has led to a lack of uniform state laws and a demands for national standards. • Many argue that the national government should ultimately control all policy directions. • Leads national government power expansion at states expense. • Powerful state interests can block national initiatives.
The Evolution of U.S. Federalism • Dual Federalism • Pre-civil war until Great Depression • Issues resolved by Supreme Court • National and state governments equal • Function and duties clearly divided
Early State Power:Economic Regulation • State legislatures regulated economic areas such: • property, • contracts, • banking, • insurance, • incorporation, • credit, • professional practices.
State Power over the Individual • States enacted: • criminal statutes, • health and safety regulations, • laws concerning marriage, divorce, birth and adoption.
The Depression and the Great Society • The federal government responded with economic and social programs. • The Supreme Court initially ruled that these programs were unconstitutional. • Roosevelt threatened to pack the Supreme Court. • The Supreme Court reversed its position and upheld the constitutionality of the plan. • Ushered in the Democrats “New Deal” Era
20th Century Federalism • Cooperative Federalism • FDR’s New Deal focuses on national and state levels cooperating to solve problems • Grant money begins to flow to states from national government • Gradually national government grows in power and influence over state governments
Tools of Power: Federal Mandates and Grants • Federal mandates are federal laws applied to states. • Governmental programs are usually in the form of federal grants-in-aid. • Congress appropriates money to state and local governments to fund particular projects, usually with strings attached. • The “Great Society” greatly increased funded work and social programs such as Medicare, AFDC and Social Security.
Types of Grants • Land Grants – During Dual Federalism • Categorical grants specify particular types of projects for which federal funds can be used. • Project grants are a type of categorical grant, which are competitive. • Formula grants are allocated based on need or capacity. • Usually represent 85% of federal grants. • Block grants are grants for broader areas. • Revenue sharing - no mandate or strings attached.
New Federalism • New Federalism (Nixon and Reagan) • National government too powerful • Decentralization of programs • Revenue sharing introduced • Matching grants • “Carrot and stick” approach • Unfunded mandates
Devolution of Federalism • Uncooperative Federalism • Republican revolution of 1994 • Unfunded Mandate Act of 1995 • Made adoption by Congress more difficult • New pressure on states • To provide more service • To enforce more regulations • To match federal funding • Series of Supreme Court decisions tend to support states and limit national governments power
In the 1990s: State v. Feds • Reinforcing 10th Amendment • Stressing dual sovereignty • Reducing power of national government • Limiting federal use if interstate commerce clause • New York v. United States • Gregory v. Ashcroft • United States v. Lopez • Seminole Tribe v. Florida • Printz v. United States • City of Boerne v. Flores • United States v. Morrison • Will war on terrorism reverse this trend?