Politics in States and Communities (15 Ed.) Thomas Dye and Susan MacManus Edited by Bob Botsch for...

Politics in States and CommunitiesPolitics in States and Communities

(15 Ed.)(15 Ed.)

Thomas Dye and Susan MacManus Thomas Dye and Susan MacManus

Edited by Bob Botsch for USC AikenEdited by Bob Botsch for USC Aiken

Chapter 3Chapter 3

States, Communities, and American States, Communities, and American

FederalismFederalism

© 2014 Pearson Education, Inc. All rights reserved.

Learning ObjectivesLearning Objectives

• Analyze the relationships between different levels of government in federal, confederal, and unitary

systems.

• Describe the advantages of federalism for the United States.

• Describe the disadvantages of federalism for the United States.

• Compare the powers of the national and state governments in the U.S. federal system.

• Describe the role of the states in the constitutional amendment process using the proposed Equal

Rights Amendment, the proposed District of Columbia amendment, and the Twenty-Seventh

Amendment as examples.

• Outline how Congress has used its powers both to tax and to spend as a way to enhance the power

of the national government.

• Analyze the merits, at both the state and national levels, of the various types of government from

dual federalism through “bottom-up” federalism, including the effect each had on the relationship

between the nation and the states.

• Illustrate the concept of devolution using the 1996 welfare reform legislation as an example.

• Evaluate how recent Supreme Court decisions have affected the balance of power between the

states and the national government.

• Explain the constitutional requirements pertaining to the full faith and credit clause, extradition, and

interstate compacts.


What Is Federalism?What Is Federalism?

• Federalism—A system of government in which power is divided

between national and sub national governments with both

exercising separate and autonomous authority, both electing their

own officials, and both taxing their own citizens for the provision of

public services

• It requires that the powers of the national and subnational

governments be guaranteed by a constitution that cannot be

changed without the consent of both national and subnational

populations

• The United States operates under a federal system of government


Why Federalism?Why Federalism?

• Centralized government was an option—with uniform laws, rules,

and regulations, and with national majorities controlling a single

government, but not possible politically—a “Goldilocks choice”

• But the Founders wanted protection against tyranny and used

federalism to divide power between national and state governments

• Separation of Powers further divided national authority by

developing a system of checks and balances among the three

branches (executive, legislative, and judicial)

• State constitutions followed a similar pattern, allowing for a local

government


Benefits of a Decentralized GovernmentBenefits of a Decentralized Government

• Distributes authority more widely among different sets of leaders;

this also makes the leadership groups more democratic than a

single leadership group would be

• Increases participation in government and the political system, and

more opportunities for direct citizen involvement in government

• Encourages policy responsiveness

• Creates “laboratories of democracy” by encouraging policy

innovation

• Helps manage conflict and efficiency by localizing issues


Federalism’s FaultsFederalism’s Faults

• May create confusion about which level of government is

responsible for action, and anger when needed action is delayed

• Can also obstruct action on national issues

• Despite reducing conflict at the national level, decentralization may

do so at the price of “sweeping under the rug” some serious national

injustices


Federalism’s FaultsFederalism’s Faults

• Protecting slavery and segregation: Claims for “states’ rights” and

“nullification” have tainted federalism for much of U.S. history

• Obstructing national policies: Local “NIMBYs” can frustrate the

national interest

• Racing to the bottom?: States may lower benefits to avoid attracting

poor people

• Allowing inequalities: Taxes and benefits may be unequal among

states

Legalization of Marijuana by StateLegalization of Marijuana by State


Structure of American FederalismStructure of American Federalism

• Delegated powers and national supremacy: Specifically mentioned

in the Constitution as belonging to the national government

• Reserved powers: States get powers not delegated nor prohibited

• Powers denied to the nation and states: Generally to safeguard

individual rights

• The national government’s obligations to the states: Includes

territorial integrity and equal representation in the Senate

• State role in national government: Includes holding elections


Constitutional Distribution of PowersConstitutional Distribution of Powers


Electoral College Votes in the 2012 ElectionElectoral College Votes in the 2012 Election


The States’ Role in Constitutional AmendmentThe States’ Role in Constitutional Amendment


Constitutional AmendmentsConstitutional Amendments

• Defeat of the Equal Rights Amendment (ERA): A “Stop ERA”

movement stalled it 3 states short of the 38 required

• Defeat of the District of Columbia Amendment: Opposition was

partly political—muffle the voices of black liberal Democrats

• Passage of the Twenty-Seventh Amendment: Prevents Congress

from voting itself an immediate pay raise

ERA in the StatesERA in the States


Federalism—The Impact of MoneyFederalism—The Impact of Money

• Earliest Federal Aid—NW Ordinance and Morrill Land Grant (1863)

for schools and colleges

• Money, Power, and the Income Tax: 16th Amendment meant $

• Federal Grants-in-Aid: app $500B annually, about half on health

• Money with Strings Attached

– Categorical Grants

– Block Grants

• Grantsmanship—competition for “fair share”


Federal Grants-in-Aid by Major FunctionFederal Grants-in-Aid by Major Function

Reliance on Federal AidReliance on Federal Aid


Ebb and Flow of Federalism—what level has Ebb and Flow of Federalism—what level has the power to do what (key role of Sup Ct)the power to do what (key role of Sup Ct)

• Dual Federalism (1787–1913): state dominance with notable exceptions (McCulloch v. Maryland, 1819, and necessary/proper; Civil War and nullification, early progressivism--TR)

• Cooperative Federalism (1913–1964): Wars (unity and shared sacrifice) and the Great Depression (rescuing the working class)

• Centralized Federalism (1964–1980): Civil Rights and the Great Society

• New Federalism (1980–1985): Nixon and General Revenue Sharing; Reagan and “block and cut”—devolution begins

• Representational Federalism (1985–1996): Garcia v San Antonio (1985), min wage—no limits on national power except thru politics

• Coercive Federalism: Preemptions and Mandates (1997–2010)

• “Bottom-Up” Federalism (2011–Present): pushback from Rep states--court challenges (ACA), refusals to take grants (high speed rail)


Congress and DevolutionCongress and Devolution

Devolution is the passing down of responsibilities from the national

government to the states (began under Reagan driven by ideology,

partisan advantage, and large deficits)

• Devolution and welfare reform: 1996 reform (AFDC to TANF) led to

dramatic reduction in welfare caseloads

• Political obstacles to federalism: Tendency to always want to “do

something” for the constituency—citizen and interest group

demands drive national government actions


The Supreme Court and the Revival of The Supreme Court and the Revival of FederalismFederalism

• Federalism revived: U.S. v. Lopez in 1995 limited interstate commerce clause (Gun-Free School Zones Act not constitutional under interstate commerce clause)

• States shielded from private lawsuits: Seminole Tribe v. Florida in 1996 affected states’ compliance with federal laws (cannot sue to force states to comply with federal laws)

• Limits on the commerce power: National government limited in its response to noneconomic crimes (US v Morrison, 2000, ruled the Violence Against Women Act was not constitutional under interstate commerce clause—not about the economy)

• Federalism’s future: Unclear, given the many 5-4 Supreme Court rulings


Interstate Relations and Horizontal Interstate Relations and Horizontal FederalismFederalism

• Full faith and credit: States must recognize each other’s laws—the

changing exception of marriage

• Privileges and immunities: States can’t discriminate against other

states’ citizens—many exceptions like out of state tuition

• Extradition: States must return a fugitive from another state

• Interstate compacts: Most can be negotiated by the legislatures of the

states involved

• Conflicts between states: Are resolved by the Supreme Court—evenly

divided means shifting balance on case be case basis


On the WebOn the Web

Most state websites can be accessed by replacing the word state in

the following web address with the state’s postal abbreviation:

www.state.gov

For example:

• www.ca.gov

(California)

• www.csg.org

(Council of State Governments)

Politics in States and Communities (15 Ed.) Thomas Dye and Susan MacManus Edited by Bob Botsch for...

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