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Federalism. Ms. Bittman’s AP American Government and Politics. Federal-State Relations. Constitution makes National Government Supreme But what the national government may do legally is not the same thing they want to do politically. 11/190 Nations have federalism Leads to dictator
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Federalism Ms. Bittman’s AP American Government and Politics
Federal-State Relations • Constitution makes National Government Supreme • But what the national government may do legally is not the same thing they want to do politically. • 11/190 Nations have federalism • Leads to dictator • Sovereignty is shared
Advantages • Recognizes local interests and differences • More points of access to policy • Enhances judicial power to solve issues b/t fed and state govs. • States try new policies • Check on federal government power • Prevents secession • Good for large, diverse country • Stronger national defense.
Disadvantages • Policies not uniform • Protects powerful local interests • Greater chance of corruption on the local level. • Economic disparity across states • Unequal representation in governments.
American Federalism • Restrictions on States’ powers • Coining money, treaties, bill of attainder, ex post facto • Federal government guarantees • Republican state governments, admitting new states, uniform taxes, travel state to state, “full faith and credit” with respect to other state’s laws, extradition, Elastic Clause: Necessary and proper for carrying out congress’ powers.
Factors increasing federal government power at the expense of the states.
Implied Powers • McCulloch v. Maryland (1819) • Created a national bank to print money, make loans, ect. • Jefferson, farmers, state legislatures . • Maryland tried to tax bank in 1818. • Baltimore branch (McCulloch) refused to pay the tax • John Marshall: “Power to tax is the power to destroy” • States don’t have that power. • Using the elastic clause (necessary and proper) congress has the power to create a bank -> federal government supreme • Therefore, National government has enumerated and implied powers over the states. • Regulate food and drugs, build highways, protect consuemrs, clean up dirty air and water.
Commerce Power • Gibbons v. Ogden (1824) • NY gave Ogden exclusive navigational rights, federal gave Gibbons a license. • Gibbons won due to interstate commerce clause. • Defined very broadly. • 1800’s courts ruled congress cannot regulation local businesses, changed during Great Depression. Interpretation is becoming narrower. • US v. Lopez (1995): Fed Gun-Free School Zones Act of 1990 forbidding firearms in public schools exceeded cong authority. • US v. Morrison (2000) ruled against 1994 Violence Against Women Act b/c no economic activity. • Seminole Tribe of FL v. FL (1996) SC declared 11th Amendment prohibited congress from using interstate commerce to revoke states immunity from lawsuits by private parties.
Struggle for Racial Equality • Brown v. Board of Education (1954) led to increased federal power. • Nullification: States cannot declare federal laws unconstitutional • States are not the SC
Full Faith and Credit • States must recognize official documents and civil judgments of other states. • Congress passed Defense of Marriage Act, allowing states to disregard gay marriages. • But states must recognize other states licenses. • Alleged criminals surrendered to state where crime was committed. Extradition
Privileges and Immunities • Cannot discriminate against citizens of other states • Exceptions: • Out-of-state tuition • Only citizens of a state can vote there • Saenz v. Roe (1999) California could not require a new resident to wait a year before becoming eligible for welfare benefits that exceeded those from which the resident came.
Dual (Layer Cake) Federalism (1789-1930) • Federal Government supreme in its sphere. • Art 1-4, 6. • States Supreme in their sphere • Art 4, 10th Amendment • Shared Powers • 10th • Each level sovereign in its own region • But Federal government becoming stronger to implement: • 13th, 14th, 15th Amendments
Marble Cake Federalism (Cooperative) 1930’s-1960’s • Fed interfering in local. • Fed provides funds • States administer • 1930’s Examples • FDIC • Civilian Conservation Corps
Creative Federalism (1960s) • Federal Gov and States share costs • Guidelines, rules, funds-federal gov • Shared financial and administrative responsibilities for some programs • IE • Medicare • Medicaid • War on Poverty • Civil Rights
Competitive Federalism (1970-1980) • AKA New Federalism • Nixon and Reagan • If no compliance • Penalties • Equal Opportunities Act (1982): civil or criminal penalties • States to develop their own programs • Restrictions on other program • Crossover requirements • States have to do something in return for the money • Emergency highway Energy Conservation Act of 1974
Grants-in-Aid • Began before the Constitution was written • Land Grants in the early 1800’s • Cash Grants have increased hugely since 1808
Grants Continued • Why is federal money attractive to states? • The money was there. • Federal government had a surplus • The federal government’s income tax. • Great tool for public financing…. • Federal government had control over the mint • Could print money whenever they felt like it. • Politically “free” money for the states. • States could get the federal government to be their sugar daddy.
Grants Continued • Grant Effects • Ballooning National Debt • States budgets became dependent on federal money. • 1960’s Federal Government began telling states what to do with the money. • $ to poor, crime, pollution, drug abuse. • States could not break away from the money.
Different Types of Grants • Categorical Grants: money used for a specific purpose, determined by federal law. • States were , states could not adapt them to local use. • Two types: project (applications from indiv and states), formula (welfare). • Block Grants: Several categorical grants lumped together. • Only 16 now. Welfare Reform 1996 • Revenue Sharing: 1972-1986… Provided funding in areas with not requirement from the states to match funds. • Ended Because • The amount of money did not grow very fast. • Federal government did attach strings. • Congress and the Bureaucracy loved categorical grants… enhanced federal control over states.
Federal Aid and Control • Grant-in-Aid was threatening 10th amendment. • Block and Revenue sharing tried to reverse this trend.
2 Kinds of Federal Control • Mandates • Usually for civil rights and environment. • Seems good, but some mandates are written vaguely… leading to issues. • Examples • American with Disabilities Act 1990 • No clear cut definition of “equal access” • US SC has increased this power • School Desegregation
Fed Control continued… 2. Conditions of aid: States don’t want the restrictions… don’t take the money • 1/4th of a states income came from the fed. Gov. • Facing different demands. • Fed gov and states each want different stuff. • 1960’s Washington favored its needs over the states. • B/C of weak political parties, growth of interest groups, increased activism in the courts.
Block Grants • Operational Grants to run things • Ex: To create a federally funded child care program. • Capital Grants to pay for things • To build a waste management plant. • Entitlement Grants for shifting money • Medicare and Social Security.
A Devolution Revolution • 1994, Republicans began shifting pwr from national to state governments. • Two biggest Medicaid and Welfare almost became block grants. • This process has led to… • Second-order Devolution: Power from States to local. • Third-order Devolution: From local to non-profit and private organizations.
Why Devolution? • 3 Reasons • Belief in devolution. • People distrust the federal government to respond to the people’s needs. • The reality of the deficit • Republicans in 1994 wanted to fund entitlement programs through block grants and make major cuts. • Views of Americans • Most Americans favor cuts in theory, but not practice.
What keeps federalism alive? • Several factors keep federalism alive in US. • Weak Party System • Political parties used to be strong. Dem voted as a block. • Not any more. • Congress sees itself as representatives to Wash. • Will represent their constituencies. • So many levels all have their own ideas. • Gov vs. Mayor vs. School vs. Union • Social diversity • Poor love federal, rich loves local.