Chapter 4 FEDERALISM. Learning Outcomes 4.1 Compare and contrast two theories of federalism used to...

ChapterChapter 44

FEDERALISMFEDERALISM

Learning Outcomes4.1 Compare and contrast two theories of federalism used to describe the American system of government.

4.2 Identify and explain each of the four forces that stimulate changes in the relationship between the national and state governments.

4.3 Describe the role of ideology in shaping federalism.

4.4 Describe the influence of federalism on elections at the state and national levels.

2Copyright © 2014 Cengage Learning

Learning Outcomes4.5 Describe the role of local government in a federal system and illustrate how national, state, and local governments sometimes interact.

4.6 Analyze the role of federalism in American foreign policy.

4.7 Discuss the changing relationship between federalism and pluralism.


Theories and Metaphors Federalism

Two or more governments have power in same territory

Powers: exclusive or shared Two common representations

Dual federalism Cooperative federalism


Theories and Metaphors Dual Federalism

National government rules by enumerated powers

National government has limited set of constitutional purposes

Each government unit is sovereign within its sphere

Relationship between nation and state characterized by tension


Theories and Metaphors Dual Federalism

States’ rights: primary importance Rights not specifically conferred on national

government reside with the states

“Layer-cake federalism” Implied powers


Copyright © 2014 Cengage Learning 7

Theories and Metaphors

Theories and Metaphors Cooperative Federalism

Overlap between national and state government functions Rejects idea of separate spheres/layers

“Marble cake federalism” Elastic (necessary and proper) clause – basis

for Congress’s implied powers


Theories and Metaphors Comparing Theories

Elastic clause and Tenth Amendment interpreted differently

Dual federalism interprets elastic clause strictly and Tenth Amendment widely

Cooperative federalism views elastic clause flexibly and Tenth Amendment as an obvious truth


Federalism’s Dynamics Debate: Balance of Power Between Nation

and States Federalism is flexible and dynamic Decision making based on politics and policy

goals rather than theory or ideology Growing recognition that public problems cut

across governmental boundaries


Federalism’s Dynamics Four Forces Prompt Changes in

Relationships Between National Government and States National crises and demands Judicial interpretations Expansion of grants-in-aid Professionalization of state governments


Federalism’s Dynamics National Crises and Demands

Congress has increased scope of national government Elastic clause and enumerated powers

Greatest changes: during crises and emergencies

Civil War, world wars, Great Depression, 9/11 and 2008 recession

Example: USA Patriot Act expanded government’s powers to fight terrorism


Federalism’s Dynamics National Crises and Demands

Role of national government has grown to meet needs state and local governments were unwilling or unable to meet American Recovery and Reinvestment Act



An Environmental Catastrophe

Brother, Can You Spare a Billion?

Federalism’s Dynamics Judicial Interpretation

Federal courts’ interpretations of Constitution and federal laws influence relationship between nation and states

Supreme Court rulings have swung between favoring states’ rights and national government After 1995, conservative Supreme Court tends to

favor states’ rights with some exceptions



Ends and means – expanded the role of national government Commerce clause – Congress has the power to

regulate commerce among the states Key decisions:

McCullough v. Maryland (1819) Gibbons v. Ogden (1824) Dred Scott decision (1857)



Umpire strikes back 1990s U.S. Supreme Court decisions: states’ rights

gaining ground United States v. Lopez (1995) Printz v. United States (1997)

Federalism’s shifting scales Violence Against Women Act Bush v. Gore Death Penalty Cases


Federalism Dynamics Grants-in-Aid

Money provided by one level of government to another for specific purpose

Categorical grants Formula grants Project grants

Block grants Grant money – strings attached



Trends in National Government Grants to States and Localities, Fiscal year (FY) 1980 to 2012

Federalism Dynamics Professionalization of State Governments

Since 1960s, states have become more capable and forceful policy actors Internal changes fostered capabilities

More experienced staff Legislatures meeting more often and elected officials

receive higher salaries Increased ability to raise revenue Most professional and service occupations require

college degree


Federalism Dynamics Professionalization of State Governments

Changes in national policy help states develop capabilities Elementary and Secondary Education Act (ESEA)

Title V – several provisions strengthened state departments of education

ESEA’s revision - No Child Left Behind Act

Changes in state governments’ abilities = new demands by public


Ideology, Policymaking, and American Federalism

Ideology, Policymaking, and Federalism in Theory Conservatives - dual federalism

Different states have different problems/resources Returning control to states would promote diversity

Liberals - cooperative approach States unwilling or unable to protect the rights or

provide for the needs of citizens States’ rights model allowed extreme political and

social inequities


Ideology, Policymaking, and Federalism

Ideology, Policymaking, and Federalism in Practice National intervention in state functions

Preemption, mandate, restraint, coercive federalism

Constraining unfunded mandates Pace of unfunded mandates increasing Unfunded Mandates Relief Act of 1995


Federalism and Electoral Politics

National Capital – State Capital Links Experience at state level

Builds network contacts, die-hard constituents, and potential fundraisers

State governors benefit from national affiliations Gain name recognition, friendships, and reputation

in Washington National level politicians help campaign for local

favorites


Joined at the Hip


Federalism and Electoral Politics

Congressional Redistricting U.S. House seats reapportioned after census State and local districts redrawn to reflect

population shifts Section 5 of the Voting Rights Act: states

subject to preclearance of redistricting plans Proposed plans cannot be “retrogressive in purpose

or effect” – will not dilute minority voting strength


Federalism and the American Intergovernmental System

Thousands of Governments In addition to national and state, U.S. has over

89,000 local governments Municipal governments County governments School districts Special districts Home rule


Federalism and the American Intergovernmental System

Crosscutting Responsibilities National government continues to support state

and local governments Enormous spending pressures on state and local

government Economic downturn - tax revenues not matched

to state expenditures Responses to crises bring different levels of

government together, leading to turf battles


Cooperating Cops


Federalism and the International System

American Federalism and World Politics Can have important impacts on how the U.S.

deals with other nations National government has primary responsibility

for trade policy State International Development Organization

(SIDO)


Federalism and the International System

Federalism Across the Globe Movement towards diminished state

sovereignty and increased interstate linkages Nearly 200 politically sovereign states in world

24 federations embrace 2.5 billion people, or 40 percent of the world population

New versions of federal idea on rise Iraq, Sudan European superstate


Federalism and Pluralism Changing Relationship Between

Federalism and Pluralism Cooperative and dual federalism support

pluralism National government relies on regulatory

power to shape state policies Mandates and restraints – coercive federalism Shift from pluralist to majoritarian model


Chapter 4 FEDERALISM. Learning Outcomes 4.1 Compare and contrast two theories of federalism used to...

Documents

Transcript of Chapter 4 FEDERALISM. Learning Outcomes 4.1 Compare and contrast two theories of federalism used to...