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Federalism

Federalism. Chapter 3. Federalism. Definition- a system in which the nat’l gov’t shares power with local gov’t. States have a specifically protected existence & authority. (Constitution) The impact is widespread on roads, crimes, civil liberties etc.

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Federalism

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  1. Federalism Chapter 3

  2. Federalism • Definition- a system in which the nat’l gov’t shares power with local gov’t. • States have a specifically protected existence & authority. (Constitution) • The impact is widespread on roads, crimes, civil liberties etc. • Degree od federalism has changes over time • a. devolution • block grants • Long term tension between nat’l and stae gov’t include slavery, states rights, mandates, regulation of business/ social welfare programs

  3. Government Structure • Definition- A political system with local gov’t units, plus national ones that can make final decisions. • Federal gov’ts- Canada. India, Germany • Unitary gov’ts- France, Great Britain,Italy

  4. Government Structure Confusion over certain responsibilities can have direconsequences. Ex: Hurricanes Karina and Rita

  5. Government Structure • They block progress and protect powerful local interests. • Laski- they are “poisonous and parasitic”. • Riker- It perpetuates rasicm. • Elazar- It promotes stength, flexibility and liberty. Negative Views Positive views

  6. Government Structure • Federalism makes good & bad effects; • A. Various political groups with different purposes come to power in different places • B. Increased political activity • C. Small political units dominated by single political unit- Madison, Federalist #10

  7. Section 2 The Founding of Federalism

  8. The founding of Federalism A bold new plan to protect personal liberties. Neither state of federal gov’t would have total authority. - New plan had no historical precedent - 10th Amendment added later

  9. The founding of Federalism • Article I of the Constitution: Necessary and Proper • Called elastic language because it can be interpreted several ways • Hamilton’s view- national gov’t has supremacy because Constitution is supreme law • Jefferson’s view- state’s rights with people as the ultimate sovereign

  10. Section 3 The Meaning of Federalism- The Debate

  11. The supreme court Speaks • The Supreme Court has supported the idea that the federal government has supremacy over the states. • McCulloch v. Maryland- The Constitution’s “necessary and proper” permits Congress to create a national bank when it has the power to manage currency.

  12. Nullification • The doctrine that a state can declare null and void a federal law, that in the state’s opinion, violates the Constitution. • The ? of nullification was settled by the Civil War. The northern victory determined that the union is indissoluble and states cannot declare acts of Congress unconstitutional.

  13. Dual Federalism • Doctrine stating that the nat’l gov’t is supreme in its sphere, the states were supreme in their sphere and the two spheres should be kept separate.

  14. State Sovereignty • The Supreme Court has recognized & strengthened the power of states. • A state can do anything that is not prohibited by the Constitution & is consistent with its own constitution. • Police Power- Laws & regulations of a state that promote safety, health and morals.

  15. Landmark Supreme court Cases • Gibbons v. Ogden- The Constitution’s commerce clause gives the nat’l gov’t exclusive power to regulate interstate commerce. • Wabash v. St.Louis and Pacific Railroad v. Illinois- The states may not regulate interstate commerce. • United States v. Lopez- The nat’l gov’ts power under the commerce clause doesn’t permit it to regulate matters not directly related to interstate commerce.

  16. Section IV Federal- State Relations

  17. Grants- In-Aid • Began before the Constitution with “land grant colleges”-gave cash grants to states • Dramatically increased in scope in the 20th century.

  18. Grant- In-aids • Attractive because • A. free $ for state officials • B. federal management of $ and power to print more money at will • Requires broad congressional coalitions • Ex: federal funds for increased public safety after 9/11 • Ex: Homeland Security grants

  19. Grant-In-Aids • 1960s shift- from what states demanded to what the federal gov’t deemed important, also known as federal activism

  20. Grants- in- Aid • The Intergovernmental Lobby • a. Hundreds of state, local officials lobby in Washington • b. Federal agencies have staff members that provide info, tech assistance, and financial support to state and local organizations • c. The purpose of both is to get more federal $$$ with fewer strings

  21. Grants-In-aid • A grant that is for a specific purpose defined by federal law. It usually has many restrictions. • Ex: build an airport, provide $ to poor mothers. • A grant that is used for a general purpose and has few restrictions. • Also called special revenue sharing or broad based aid Categorical Grants Block Grants

  22. Grants-in-Aid Categorical Grants Block Grants

  23. Revenue Sharing • What are the 4 reasons why block grants and revenue sharing did not attain the goals of “no strings” or fiscal relief? • 1. The amount of $ given was not as much as states expected • 2. The gov’t has increased “strings attached” over time • 3. Block grants are given out less than categorical grants…gives the federal gov’t more control. • 4. Grants can cover a too wide area that it’s difficult to see the benefits on 1 area

  24. Federal Aid & Control • Conditions of aid- The federal gov’t tells the states what they must do to get $ • Categorical grants are increasing while block grants are decreasing

  25. Mandates • Definition- Terms set by the federal gov’t that states must meet whether or not they accept federal grants. • Most mandates have to do with the environment, civil rights and lately people with disabilities • Mandates for education are the lowest in number • When the federal gov’t spends less on an issue, it squeezes the states to spend more for that purpose

  26. Mandates • Examples: desegregating schools and busing...come from court orders and not federal law • Since the 1970s- the number of conditions of mandates has increased. Free money for state/local gov’t isn’t really free.

  27. Devolution • The aim is to pass federal responsibilities to the states. • Ex: AFDC- Aid to Families with Dependent Children…cash assistance to poor mothers now state function

  28. Devolution • 2nd Order Devolution- A flow of money & power from states to local gov’t • 3rd Order Devolution- The increased role of nonprofit organizations in policy implementation

  29. Devolution • Typically, done by Republicans but increased under Pres. Clinton. • Resulted in more government rules and regulations.

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