The Evolution of Federalism. Defining Federalism Federalism Constitutional arrangement whereby power is distributed between a central government and subdivisional.
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The Evolution of Federalism
Defining Federalism
FederalismConstitutional
arrangement whereby power is distributed between a central government and
subdivisional governments called states in the United States. The national and the subdivisional governments exercise direct authority over
individuals
“Look, the American people don’t want to be bossed around by federal bureaucrats. They want to be bossed around by state bureaucrats”
Advantages of Federalism
Federalism allows for experimentation/diversity
Multiple levels of government provide flexibility
Citizens can choose where to live Citizens have many ways to influence
their gov’t Provides additional checks & balances
Disadvantages of Federalism
The complexity of the federal system– Larger bureaucracy/duplication– Coordination confusion– Slow to respond to crisis– Complex tax system
Federalism is expensive Potential for inequality in services &
policies
Versions of Federalism
Dual Federalism (Layer Cake Federalism)
Views the Constitution as giving a limited list of
powers to the national government, leaving the rest to sovereign states
Cooperative Federalism (Marble Cake Federalism)Federalism as a cooperative system
of intergovernmental relations in delivering goods and services to the
people“As the colors are mixed in a marble cake, so functions are mixed in the
American federal system.”
The Significance of the 10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The 10th Amendment was seen as a reservoir of reserved powers for state governments
However, it’s rarely had much significance since McCulloch v. Maryland in 1819
The doctrine of implied national powers, and the “necessary and proper” clause have undercut the words and apparent intent of the 10th Amendment
Why Divide Authority in the First Place?
The Constitution may have never been ratified if the Framers had pushed for a unitary system
Federalism was a compromise, allowing the states to maintain their independence
Why?– Prevent tyranny
– Provision for increased participation
– Uses states for experimentation for new policies/programs
The Evolution of Federalism
“State-Centered Federalism”
1787 to 1868
From the adoption of the Constitution to the end of the Civil War, the states were the most important units of the American Federal System
McCulloch v. Maryland decided during this phase– Construes “necessary and proper” to favor expansion of
national authority
McCulloch v. Maryland (1819)
It determined that Congress had not only the powers expressly conferred upon it by the Constitution but also all authority “appropriate” to carry out such powers
The national supremacy principle states that all federal laws (including the Constitution itself) are superior to
any conflicting state or local laws, such that the federal laws will always take precedence.
Doctrine of Implied National Powers
Doctrine of National Supremacy
Evolution of Federalism
Doctrine of Nullification– Each state could declare any laws or actions of
the national government “null and void” (ruled unconstitutional)
Doctrine of Secession– States could chose to withdraw from the United
States if they wanted – Used by the Confederate States in the Civil War
The Evolution of Federalism
“Dual Federalism”
1868 to 1913
In this phase, the national government narrowly interpreted its delegated powers and the states
continued to decide most domestic policy issues. Believed the national government shouldn’t
exceed enumerated powers
Evolution of Federalism
After the Civil War, industrialization and urbanization created new challenges for the federal system
The Evolution of American Federalism
The system was likened to a marble cake in that “as the
colors are mixed in a marble cake, so functions
are mixed in the American federal system.”
“Cooperative Federalism” 1913 to 1964
“Cooperative Federalism” 1913-1964
New Deal= centralized response to national crisis, become nationally-based welfare state
Many social programs remain under state control
Congress controls commerce leading up to and during WWII
The Evolution of American Federalism
The presidency of Lyndon B. Johnson (1963-1969) marked a critical point in the evolution of federalism
Federal government clearly had its own national goals
“Centralized” or “Creative” Federalism
1964-1980
The Great Society and Creative Federalism
Johnson’s “Great Society”– War on Poverty– Civil Rights Acts
Federal funds were directed to states, local government, and a wide variety of social programs
The Great Society and Creative Federalism
The Great Society and Creative Federalism
New Federalism Ronald Reagan sought
to return more power and responsibility to the states
Block grants and revenue sharing reduce federal requirements
“Government is not the solution; it’s the problem”-Ronald Reagan
Devolution (Beginning in 1995)
The Republican “Contract with America” called for devolution-- the transfer of political and economic power to the states (with decreased federal funding)
1996 Welfare Reform devolved the program to states
The Supreme Court’s Shift in Perspective
Beginning in 1995, justices interested in granting more deference to state authority gained a slim
five-to-four majority in the Supreme Court
The Constitutional Counterrevolution
A return to an older version of federalism not embraced since the constitutional crisis over the New Deal in the 1930s
• United States v. Lopez (1995)• Printz v. United States (1997)• United States v. Morrison (2000)
The Changing Nature of Federal Grants
In 1996 there was a shift from Categorical Grants to Block Grants
2 types of Categorical Grants (Grants-in-Aid):
• Formula grants• Project grants
Block Grants (Revenue-sharing Grants)• Far more flexible
The Changing Nature of Federal Grants
Grants-in-Aid
Federal funds given to state and local governments on the condition that the money be spent for specified
purposes, defined by officials in Washington
Such funds are usually accompanied by requirements and standards set by the
governing body for how they are to be spent. An example of this would be how the United States Congress required states to raise the
drinking age for alcohol from 18 to 21 in order for the individual states to continue to qualify
for federal funds for interstate highways located within each state.
The Future of Federalism
The persistence of international terrorism, the war in Afghanistan, and rising deficits all ensure a substantial role for the national government in the years to come
The Future of Federalism
TARP (Troubled Asset Relief Program)
Health Care Law
No Child Left Behind
No Child Left Behind Example Problem= declining student performance Solution= federal funding requires tough
performance standards Unintended consequences: localities
forced to make huge investment to implement testing requirements
Localities sue states--> unfunded mandate
States opting out of federal funds (& performance standards)
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