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Understanding Regulatory Federalism: Principles, Challenges, and Policy Implications

This lecture introduces the concept of Regulatory Federalism and its pivotal role in U.S. governance. Students will explore how the U.S. Constitution influences current policy dilemmas, along with the dynamics of national government operations. Key topics include the use of federal sanctions, preemption, mandates, and the implications of unfunded mandates on state governance. The course also addresses the benefits and drawbacks of federalism, highlighting the diffusion of power alongside the challenges of increased costs and legal uncertainties across states.

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Understanding Regulatory Federalism: Principles, Challenges, and Policy Implications

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  1. Regulatory Federalism 9/14/2011 Lecture 5

  2. Clearly Stated Learning Objectives • Upon completion of this course, students will be able to: • understand and interpret the United States Constitution and apply it to present policy dilemmas.  • understand why our national government works and why the American system of government is unique.

  3. Office Hours • Tomorrow 8-12 • Monday 8-10:30 • Free Constitutions for anyone who stops by

  4. Regulatory Federalism • Using Sanctions and rules to promote national policy goals • Withholding money instead of rewarding it • Regulation is cheap

  5. Types of Regulatory Federalism

  6. Preemption • Stems from the Supremacy Clause • New Technology • Used to Standardized Regulation • Limits Freedom of the States

  7. Preemption promotes standardization Then Now

  8. Standard Labels on Food Food Drinks

  9. Restraints • These Prohibit the states from acting • Mandates and Direct orders

  10. Types of Restraints • Direct Orders (you can’t) • Mandates (you must) • Unfunded Mandates

  11. Withholding Money Sanctions

  12. Cross-Cutting Requirement • Comply with the Law • Or Else (no federal money whatsoever) • Grove City College

  13. Cross-over sanction • Do as your are told in policy area A • Or Get No Money in policy area B

  14. Federalism- The Good

  15. Diffusion of Power • Power is not concentrated • Local problems handled locally

  16. More Access Points • Local Government and State Government • More Representation • Choice of Public Services

  17. Laboratories of Democracy • Fosters experimentation and innovation • Trial audiences

  18. Federalism- The Bad

  19. Federalism is Costly • Additional Layers of government incur costs • Multiple layers means more red tape • Who can arrest us?

  20. Uncertainty over Laws • What is legal in one state • May be illegal in another

  21. Variations in Policy Capacity • The ability of states to handle their responsibilities • Many states lag behind • Size and people • affluence

  22. Consequences of Policy Capacity

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