Transcript Federalism
Federalism
Mr. Burke’s AP American Government and Politics
Federal-State Relations
Constitution makes National Government Supreme
But what the national government may do legally is not the
same thing they want to do politically.
11/190 Nations have federalism
Leads to dictator
Sovereignty is shared
Advantages
Recognizes local interests and differences
More points of access to policy
Enhances judicial power to solve issues b/t fed and state govs.
States try new policies
Check on federal government power
Prevents secession
Good for large, diverse country
Stronger national defense.
Disadvantages
Policies not uniform
Protects powerful local interests
Greater chance of corruption on the local level.
Economic disparity across states
Unequal representation in governments.
American Federalism
Restrictions on States’ powers
Coining money, treaties, bill of attainder, ex post facto
Federal government guarantees
Republican state governments, admitting new states, uniform
taxes, travel state to state, “full faith and credit” with respect to
other state’s laws, extradition, Elastic Clause: Necessary and
proper for carrying out congress’ powers.
Factors increasing federal government
power at the expense of the states.
Implied Powers
McCulloch v. Maryland (1819)
Created a national bank to print money, make loans, ect.
Jefferson, farmers, state legislatures .
Maryland tried to tax bank in 1818.
Baltimore branch (McCulloch) refused to pay the tax
John Marshall: “Power to tax is the power to destroy”
States don’t have that power.
Using the elastic clause (necessary and proper) congress has the power to
create a bank -> federal government supreme
Therefore, National government has enumerated and implied powers
over the states.
o Regulate food and drugs, build highways, protect consuemrs, clean
up dirty air and water.
Commerce Power
Gibbons v. Ogden (1824)
NY gave Ogden exclusive navigational rights, federal gave Gibbons a
license.
Gibbons won due to interstate commerce clause.
Defined very broadly.
1800’s courts ruled congress cannot regulation local businesses,
changed during Great Depression. Interpretation is becoming narrower.
US v. Lopez (1995): Fed Gun-Free School Zones Act of 1990 forbidding
firearms in public schools exceeded cong authority.
US v. Morrison (2000) ruled against 1994 Violence Against Women Act b/c
no economic activity.
Seminole Tribe of FL v. FL (1996) SC declared 11th Amendment prohibited
congress from using interstate commerce to revoke states immunity from
lawsuits by private parties.
Struggle for Racial Equality
Brown v. Board of Education (1954) led to increased federal
power.
Nullification: States cannot declare federal laws
unconstitutional
States are not the SC
States’ Obligations to Each Other
Full Faith and Credit
States must recognize official documents and civil judgments
of other states.
Congress passed Defense of Marriage Act, allowing states to
disregard gay marriages.
But states must recognize other states licenses.
Extradition
Alleged criminals surrendered to state where crime was
committed.
Privileges and Immunities
Cannot discriminate against citizens of other states
Exceptions:
Out-of-state tuition
Only citizens of a state can vote there
Saenz v. Roe (1999) California could not require a new resident
to wait a year before becoming eligible for welfare benefits that
exceeded those from which the resident came.
Different Types of Federalism
Dual (Layer Cake) Federalism (17891930)
Federal Government supreme in its sphere.
Art 1-4, 6.
States Supreme in their sphere
Art 4, 10th Amendment
Shared Powers
10th
Each level sovereign in its own region
But Federal government becoming stronger to implement:
13th, 14th, 15th Amendments
Marble Cake Federalism (Cooperative)
1930’s-1960’s
Fed interfering in local.
Fed provides funds
States administer
1930’s Examples
FDIC
Civilian Conservation Corps
Creative Federalism (1960s)
Federal Gov and States share costs
Guidelines, rules, funds-federal gov
Shared financial and administrative responsibilities for some
programs
IE
Medicare
Medicaid
War on Poverty
Civil Rights
Competitive Federalism (1970-1980)
AKA New Federalism
Nixon and Reagan
If no compliance
Penalties
Equal Opportunities Act (1982): civil or criminal penalties
States to develop their own programs
Restrictions on other program
Crossover requirements
States have to do something in return for the money
Emergency highway Energy Conservation Act of 1974
Fiscal Federalism: Grants in Aid
Grants-in-Aid
Began before the Constitution was written
Land Grants in the early 1800’s
Cash Grants have increased hugely since 1808
3.5E+11
3E+11
2.5E+11
2E+11
Series1
Series2
1.5E+11
1E+11
5E+10
0
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Grants Continued
Why is federal money attractive to states?
1.
The money was there.
2.
The federal government’s income tax.
3.
Great tool for public financing….
Federal government had control over the mint
4.
Federal government had a surplus
Could print money whenever they felt like it.
Politically “free” money for the states.
States could get the federal government to be their sugar daddy.
Grants Continued
Grant Effects
Ballooning National Debt
States budgets became dependent on federal money.
1960’s Federal Government began telling states what to do
with the money.
$ to poor, crime, pollution, drug abuse.
States could not break away from the money.
Different Types of Grants
Categorical Grants: money used for a specific purpose, determined
by federal law.
States were , states could not adapt them to local use.
Two types: project (applications from indiv and states), formula
(welfare).
Block Grants: Several categorical grants lumped together.
Only 16 now. Welfare Reform 1996
Revenue Sharing: 1972-1986… Provided funding in areas with not
requirement from the states to match funds.
Ended Because
The amount of money did not grow very fast.
Federal government did attach strings.
Congress and the Bureaucracy loved categorical grants… enhanced federal
control over states.
Federal Aid and Control
Grant-in-Aid was threatening 10th amendment.
Block and Revenue sharing tried to reverse this trend.
2 Kinds of Federal Control
1.
Mandates
Usually for civil rights and environment.
Seems good, but some mandates are written vaguely… leading to
issues.
Examples
American with Disabilities Act 1990
o
No clear cut definition of “equal access”
US SC has increased this power
School Desegregation
Fed Control continued…
2. Conditions of aid: States don’t want the restrictions… don’t
take the money
1/4th of a states income came from the fed. Gov.
Facing different demands.
Fed gov and states each want different stuff.
1960’s Washington favored its needs over the states.
B/C of weak political parties, growth of interest groups, increased
activism in the courts.
Block Grants
1.
Operational Grants to run things
1.
2.
Capital Grants to pay for things
1.
3.
Ex: To create a federally funded child care program.
To build a waste management plant.
Entitlement Grants for shifting money
1.
Medicare and Social Security.
A Devolution Revolution
1994, Republicans began shifting pwr from national to state
governments.
Two biggest Medicaid and Welfare almost became block grants.
This process has led to…
Second-order Devolution: Power from States to local.
Third-order Devolution: From local to non-profit and
private organizations.
Why Devolution?
3 Reasons
1.
Belief in devolution.
2.
The reality of the deficit
3.
People distrust the federal government to respond to the people’s
needs.
Republicans in 1994 wanted to fund entitlement programs through
block grants and make major cuts.
Views of Americans
Most Americans favor cuts in theory, but not practice.
What keeps federalism alive?
Several factors keep federalism alive in US.
Weak Party System
Political parties used to be strong. Dem voted as a block.
Not any more.
Congress sees itself as representatives toWash.
Will represent their constituencies.
So many levels all have their own ideas.
Gov vs. Mayor vs. School vs. Union
Social diversity
Poor love federal, rich loves local.