Transcript JUDICIAL REVIEW

THE CONCEPT OF 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
•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 -UAE
Federal System Drawbacks
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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
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Dual Federalism
Pre-civil war until Great Depression
Issues resolved by Supreme Court
National and state governments equal
Function and duties clearly divided
State Power over the Individual
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States enacted:
– criminal statutes,
– health and safety regulations,
– laws concerning marriage, divorce, birth and adoption.
The Depression and the Great Society
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The federal government responded with economic and social programs.
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The Supreme Court initially ruled that these programs were unconstitutional.
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Roosevelt threatened to pack the Supreme Court.
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The Supreme Court reversed its position and upheld the constitutionality of
the plan.
Tools of Power: Federal Mandates and Grants
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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
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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.
20th Century Federalism
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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
In the 1990s: State v. Feds
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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?