Federalism

FEDERALISMChapter 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. 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

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

GOVERNMENT STRUCTUREConfusion over certain responsibilities can have dire consequences.Ex: Hurricanes Karina and Rita

GOVERNMENT STRUCTURE

Negative Views Positive views

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.

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

THE FOUNDING OF FEDERALISM

Section 2

THE FOUNDING OF FEDERALISMA 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

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

THE MEANING OF FEDERALISM- THE DEBATE

Section 3

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.

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.

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.

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.

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.

FEDERAL- STATE RELATIONS

Section IV

GRANTS- IN-AID Began before the Constitution with “land

grant colleges”-gave cash grants to states Dramatically increased in scope in the 20th

century.

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

GRANT-IN-AIDS 1960s shift- from

what states demanded to what the federal gov’t deemed important, also known as federal activism

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

GRANTS-IN-AID

Categorical Grants Block Grants

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

GRANTS-IN-AID

Categorical Grants Block Grants

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

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

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

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.

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

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

DEVOLUTION Typically, done by Republicans but

increased under Pres. Clinton. Resulted in more government rules and

regulations.