Transcript The Exxon Valdez - Skidmore College

Defining federalism
Citizens elect officials to each level of govt
Each level of government taxes citizens
Each level has a primary responsibility for
certain areas of public policy
Unitary System
Power is in hands of national government
Subnational units are administrative, not
political
– School text in France and US
How many govts are there?
 1 federal government
 50 state governments
 3,000 counties
 19,000 municipalities
 Townships 17,000
 14,000 School districts
 31,555 Special districts (i.e. Port Authority)
Constitutional Basis
 Article 1, Section 8
– Congress shall do what is "necessary and
proper" and “general welfare”
 Article 6-Supremacy Clause
– "supreme law of the land"
 10th Amendment
– powers not delegated to federal gov’t are
"reserved to the states" (or the people)
Dual or Traditional Federalism
– 1789-1937, Layer cake model
– two distinct layers of government
– Separate powers and spheres of influence
• Feds, internal improvements, tariffs, etc
• States- commerce, banking, insurance, slavery,
health, education, criminal, etc
– Hammer v. Dagenhart (1918).
The Demise of Dual Federalism
Great Depression, 25% of the entire
workforce unemployed
Federal Emergency Relief Act of 1933 and
first 100 days
Switch in time that saved 9
up to Congress, not the courts, to decide
what constitutes the general welfare
Cooperative Federalism
 Eisenhower Era
– Interstate Highways
– Urban Renewal
– Airport Construction
 Great Society programs
– Medicaid and Medicare
– Education Aid
– Model Cities
 Today
– Clinton crime, education policy
– Bush drug, education policy
Categorical grants
Transfer of funds from feds to states
Used to deal with national problems
interstate highways, poverty, crime,
education, pollution
Categorical grants specified use of money
– Alabama Syndrome
Marble Cake Federalism
What does a marble cake look like?
Example of Saratoga County Public health
officer
Hard to find any governmental activity
which does not involve all three levels of
federal system
New Federalism
1968-present
Reduce the power of the national
government
Reduce aid to urban minorities (Model
Cities, War on Poverty)
Block Grants
provided unrestricted grants to states and
localities
Entitlement, not competition
Reagan’s New Federalism
More block grants, less money
Federal aid to state and local govts fell by
39%.
Buffalo 1977- 31% of their revenues from
Washington, by 1992 they got only 6%.
Reagan’s New Federalism
Cake Analogy?
– You can make any kind of cake you want
– You have fewer ingredients
– Have to pay for it yourself cake
Popular Support
In which of the following people in
government do you have the most trust and
confidence?
– Federal government 19%
– State government 22%
– Local government 37%
Popular Support
Which level of government does the best
job of dealing with the problems it faces
– Federal government 14%
– State government 21%
– Local government 41%
Coercive or Regulatory
Federalism, 1980 Democratic Unfunded Mandates
–
–
–
–
Asbestos Hazard Emergence Act of 1986
Safe Drinking Water Act 1986
Americans with Disabilities Act of 1990
National Voter Registration Act of 1993
 GOP Unfunded Mandates
– No Internet taxation
 Baking Analogy- You can have any cake you
want as long as it has chocolate
Constitution & Federalism Redux
 Fed #51 “ a double security against majority
tyranny”
 Divide the power of government within the levels
of government (sep of powers) but also across
governments (between state and national
governments)
 Different governments will control each other
against the oppression of governments
Constitution
Article 1, Section 8
– Congress shall do what is “necessary and
proper” to promote “interstate commerce”
 10th Amendment
– powers not delegated to federal government
are "reserved to the states or the people”
Supreme Court’s changing interpretation of
the commerce clause
Revisiting the Commerce Clause
21 drinking Age and highway funding
US v. Lopez
– Gun Free School Zones Act of 1990
– Does it relate to commerce
Violence Against Women Act
What does it do?
Facts of Brzonkala v. Morrison
Is it constitutional?
What are consequences for limited
government if VAWA is constitutional?
VAWA
Federal civil rights remedy for rape victims
– “all persons within the United States shall
have the right to be free from crimes of
violence motivated by gender... . "
– Victims of a "crime of violence motivated by
gender" may bring a civil action against his or
her attacker in federal court
Brzonkala v. Morrison
Federalism and limited government
Why Federalism Matters
Determines who pays (welfare $148 v.
$360)
Determines how much uniformity of policy
there will be (death penalty)
Determines who makes the decisions
(textbooks)
Determines accountability
Basic Tradeoff
a more centralized system is likely to be
more uniform, equitable, and accountable
decentralized system is likely to be more
democratic and flexible
Who should make decision on…
Marriage
Death penalty
Environmental standards
Education
Gun Control
Welfare reform
Benefits of Federal System
Diversity of Needs
Enhances popular sovereignty
Proximity to Citizens
Local control
Innovation and Experimental Lab
Disadvantages of Federalism
exacerbates economic inequalities.
justice varies from state to state
allows local minorities to block the will of
national majorities (civil rights)
Spillover effects and competition
Regulatory Federalism
 1980- current era
 Natl govt sets standards for states and coerces
states to meet goals
 Natl Standards: eliminate discrimination in public
employment, upgrade prison conditions, offer
classroom instruction in the native language of
foreign students, provide wastewater treatment at
advanced technological levels, protect the health
and safety of workers in private industry, provide
a free public education to handicapped children.
 Rise in Unfunded mandates
General Trends
Primary constraints are political, not
constitutional
Federal role is reduced
Intense state experimentation
Bipartisan belief in devolution