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Federalism

Explore the intricate system of federalism, its impact on government structure, historical evolution, key Supreme Court cases, and the ongoing debates surrounding state sovereignty and federal supremacy. Learn about grants-in-aid, block grants, and the intergovernmental lobby.

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Federalism

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Presentation Transcript

  1. Federalism Chapter 3

  2. Federalism • Definition- a system in which the nat’l gov’t shares power with local gov’t. • States have a specifically protected existence & authority. (Constitution) • The impact is widespread on roads, crimes, civil liberties etc. • Degree od federalism has changes over time • a. devolution • block grants • Long term tension between nat’l and stae gov’t include slavery, states rights, mandates, regulation of business/ social welfare programs

  3. Government Structure • Definition- A political system with local gov’t units, plus national ones that can make final decisions. • Federal gov’ts- Canada. India, Germany • Unitary gov’ts- France, Great Britain,Italy

  4. Government Structure Confusion over certain responsibilities can have direconsequences. Ex: Hurricanes Karina and Rita

  5. Government Structure • They block progress and protect powerful local interests. • Laski- they are “poisonous and parasitic”. • Riker- It perpetuates rasicm. • Elazar- It promotes stength, flexibility and liberty. Negative Views Positive views

  6. Government Structure • Federalism makes good & bad effects; • A. Various political groups with different purposes come to power in different places • B. Increased political activity • C. Small political units dominated by single political unit- Madison, Federalist #10

  7. Section 2 The Founding of Federalism

  8. The founding of Federalism A bold new plan to protect personal liberties. Neither state of federal gov’t would have total authority. - New plan had no historical precedent - 10th Amendment added later

  9. The founding of Federalism • Article I of the Constitution: Necessary and Proper • Called elastic language because it can be interpreted several ways • Hamilton’s view- national gov’t has supremacy because Constitution is supreme law • Jefferson’s view- state’s rights with people as the ultimate sovereign

  10. Section 3 The Meaning of Federalism- The Debate

  11. The supreme court Speaks • The Supreme Court has supported the idea that the federal government has supremacy over the states. • McCulloch v. Maryland- The Constitution’s “necessary and proper” permits Congress to create a national bank when it has the power to manage currency.

  12. Nullification • The doctrine that a state can declare null and void a federal law, that in the state’s opinion, violates the Constitution. • The ? of nullification was settled by the Civil War. The northern victory determined that the union is indissoluble and states cannot declare acts of Congress unconstitutional.

  13. Dual Federalism • Doctrine stating that the nat’l gov’t is supreme in its sphere, the states were supreme in their sphere and the two spheres should be kept separate.

  14. State Sovereignty • The Supreme Court has recognized & strengthened the power of states. • A state can do anything that is not prohibited by the Constitution & is consistent with its own constitution. • Police Power- Laws & regulations of a state that promote safety, health and morals.

  15. Landmark Supreme court Cases • Gibbons v. Ogden- The Constitution’s commerce clause gives the nat’l gov’t exclusive power to regulate interstate commerce. • Wabash v. St.Louis and Pacific Railroad v. Illinois- The states may not regulate interstate commerce. • United States v. Lopez- The nat’l gov’ts power under the commerce clause doesn’t permit it to regulate matters not directly related to interstate commerce.

  16. Section IV Federal- State Relations

  17. Grants- In-Aid • Began before the Constitution with “land grant colleges”-gave cash grants to states • Dramatically increased in scope in the 20th century.

  18. Grant- In-aids • Attractive because • A. free $ for state officials • B. federal management of $ and power to print more money at will • Requires broad congressional coalitions • Ex: federal funds for increased public safety after 9/11 • Ex: Homeland Security grants

  19. Grant-In-Aids • 1960s shift- from what states demanded to what the federal gov’t deemed important, also known as federal activism

  20. Grants- in- Aid • The Intergovernmental Lobby • a. Hundreds of state, local officials lobby in Washington • b. Federal agencies have staff members that provide info, tech assistance, and financial support to state and local organizations • c. The purpose of both is to get more federal $$$ with fewer strings

  21. Grants-In-aid • A grant that is for a specific purpose defined by federal law. It usually has many restrictions. • Ex: build an airport, provide $ to poor mothers. • A grant that is used for a general purpose and has few restrictions. • Also called special revenue sharing or broad based aid Categorical Grants Block Grants

  22. Grants-in-Aid Categorical Grants Block Grants

  23. Revenue Sharing • What are the 4 reasons why block grants and revenue sharing did not attain the goals of “no strings” or fiscal relief? • 1. The amount of $ given was not as much as states expected • 2. The gov’t has increased “strings attached” over time • 3. Block grants are given out less than categorical grants…gives the federal gov’t more control. • 4. Grants can cover a too wide area that it’s difficult to see the benefits on 1 area

  24. Federal Aid & Control • Conditions of aid- The federal gov’t tells the states what they must do to get $ • Categorical grants are increasing while block grants are decreasing

  25. Mandates • Definition- Terms set by the federal gov’t that states must meet whether or not they accept federal grants. • Most mandates have to do with the environment, civil rights and lately people with disabilities • Mandates for education are the lowest in number • When the federal gov’t spends less on an issue, it squeezes the states to spend more for that purpose

  26. Mandates • Examples: desegregating schools and busing...come from court orders and not federal law • Since the 1970s- the number of conditions of mandates has increased. Free money for state/local gov’t isn’t really free.

  27. Devolution • The aim is to pass federal responsibilities to the states. • Ex: AFDC- Aid to Families with Dependent Children…cash assistance to poor mothers now state function

  28. Devolution • 2nd Order Devolution- A flow of money & power from states to local gov’t • 3rd Order Devolution- The increased role of nonprofit organizations in policy implementation

  29. Devolution • Typically, done by Republicans but increased under Pres. Clinton. • Resulted in more government rules and regulations.

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