Chapter 3: Federalism
Matching: Federalism TypesFEDERALISM, COOPERATIVE FEDERALISM, FISCAL FEDERALISM, DUAL FEDERALISM, NEW FEDERALISM
1. National and state governments are completely separate and should be kept separate
2. How revenue sharing is determined among/between levels of government
3. National and state governments sharing authority and/or powers
4. Devolution: certain powers should be transferred from the national govt. back to the states
5. National, state, and local governments work collectively to solve common problems rather than making policies separately
Federalism:the sharing and division of power between national, state, and local government
Introduction
Anti federalists feared the power of the national government- concerns realized throughout American history
(Ex: Education)
Shared power between federal and states allows both to influence policy
Intergovernmental disputes rose over slavery.
Business and Social Welfare Debates- Does the federal govt. have the right to intervene?
Founder’s Plan10th Amendment (Bill of Rights) limits the national
govt.
- states the Constitution's principle of federalism by providing that powers not granted to the federal government by the Constitution, nor prohibited to the States, are reserved to the States or the people
Supreme Court has used the 10th Amend. to give more state sovereignty.
RIGHT SIDE:
You feel that in order to run an effective and non conflicting government, the national government, state governments, and local governments should have clearly separated powers and must operate within their own matters concerning these powers.
LEFT SIDE:
You feel that in order to run an effective and non conflicting government, the national government, state governments, and local governments, ALTHOUGH HAVING SEPARATE POWERS, must cooperate and work together on certain powers and matters for the best interest of the citizens.
Federalism
COOPERATIVEDUAL
Dual Federalism
Both national and state governments are supreme in their “own spheres”
- spheres should be kept separate
Printz v. U.S. 1997
- Federal law requiring background checks for gun purchase was ruled to violate the 10th Amendment
* States can do anything that is not prohibited in the Constitution or by the federal govt.
Police power:
states’ power to put laws and regulations into place for safety, health, and morals (education, criminal codes, etc.)
Cooperative Federalism
National, state, and local governments interact cooperatively to solve common problems, rather than making policies separately
Ex: Interstate v. Intrastate Commerce
Gibbons v. Ogden 1824
- Constitution’s commerce clause gives national govt. power to regulate interstate commerce
- expanded federal power!
Fiscal Federalism
How revenue sharing is determined among/between levels of government
New Federalism/Devolutionmovement to transfer responsibilities of
governing from federal to state and local governments
Trend since 1980s and 1990s
Governors are looking to reduce budgets by reducing public employee benefits.
Systems of Government
Unitary:
federal/central government has starting authority
Confederate:
state governments have starting authority
Federal:
federal, state, and local governments share authority
McCulloch v. Maryland 1819
Could Congress charter a national bank?
YES, via the commerce clause… to regulate commerce & money AND under the “necessary and proper” clause (elastic clause)
- Article 1 of Constitution: “allowing Congress to pass all laws necessary and proper to its duties.”
Could states tax a federal bank?
NO, due to the Supremacy Clause
**Increased federal power!
Nullification
states had the right to declare null and void a federal law that they believed violated the Constitution
- issue was settled by the Civil War
- union is indissoluble, states can NOT nullify federal law
Supreme Court later confirmed this position.
What States Can Do Education, healthcare, social welfare, criminal justice and law
enforcement, roads/highways, taxes
State Constitutions
- Initiative (50% of states):
voters can place a legislative measure on a ballot by a 5-15% amount of signatures of past election voters (petition)
- Referendum (50% of states):
voters can reject a piece of legislation passed by state legislature on a ballot
- Recall (only 20 states):
voters can remove an elected official from office
The Contemporary Politics of Federalism
SHOW INTRO., BASICS, & IN THE REAL WORLD!
Grants-In-AidMoney given to the states by the national government
Allows federal government to spend money for purposes not authorized by the Constitution.
1960s shifted from state interests to national interests
State and local lobbyists want less strings attached
Attractive to states for the following reasonsFederal budget surplusesFederal income tax increased revenuesFederal control of money supply “Free” money to states
Types of Grants-in-AidCategorical grants:
federal grants for specific purposes (specific categories)
(airports, bridges, highways, education)
Often require local matching funds
National govt. has more power
State agencies live and die off these
Supervising committees in Congress favor these type of grants.
Types of Grants-in-AidBlock grants:
large amount of money given to the states by the federal government with state freedom to use for “general use” purposes (few restrictions)
States prefer these rather than categorical
Grew more slowly due to the differences between the political coalitions that supported each.
Project Grant
Categorical grants that fund specific projects and services within the states
Formula Grant
Categorical grants allocated based on a “decision rule”
Purpose is to allocate funding based on “quantifiable” variables (X amount of dollars per public school pupil)
Federal Aid & Federal ControlConditions of aid:
terms/conditions set by the national govt. in order to receive federal funding
Mandates:
Federal rules that states must obey whether or not they receive federal grants
Ex. Civil rights and environmental protection
Waivers can exempt some parties
Can result from court decisions (desegregation)
Incorporation Doctrine Certain amendments in the Bill of Rights MUST apply to
states, not just be protected under national circumstances (1st, 4th, 5th, 6th, 8th, 9th, 14th, 15th)
Began in 1920s
Constitutional Doctrine to “incorporate” rights
Bill of Rights provisions were made to protect from federal abuses.
14th Amendment extended the Bill of Rights to the states via the due process clause.
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