Defining federalism Citizens elect officials to each level of govt Each level of government taxes...
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Defining federalism
Citizens elect officials to each level of govt Each level of government taxes citizensEach level has a primary responsibility for
certain areas of public policy
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Unitary System
Power is in hands of national governmentSubnational units are administrative, not
political– School text in France and US
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How many govts are there?
1 federal government50 state governments3,000 counties19,000 municipalities Townships 17,000 14,000 School districts31,555 Special districts (i.e. Port Authority)
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Constitutional Basis
Article 1, Section 8 – Congress shall do what is "necessary and
proper" and “general welfare” Article 6-Supremacy Clause
– "supreme law of the land" 10th Amendment
– powers not delegated to federal gov’t are "reserved to the states" (or the people)
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Dual or Traditional Federalism
– 1789-1937, Layer cake model– two distinct layers of government– Separate powers and spheres of influence
• Feds, internal improvements, tariffs, etc
• States- commerce, banking, insurance, slavery, health, education, criminal, etc
– Hammer v. Dagenhart (1918).
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The Demise of Dual Federalism
Great Depression, 25% of the entire workforce unemployed
Federal Emergency Relief Act of 1933 and first 100 days
Switch in time that saved 9up to Congress, not the courts, to decide
what constitutes the general welfare
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Cooperative Federalism
Eisenhower Era– Interstate Highways– Urban Renewal– Airport Construction
Great Society programs– Medicaid and Medicare – Education Aid– Model Cities
Today– Clinton crime, education policy– Bush drug, education policy
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Categorical grants
Transfer of funds from feds to statesUsed to deal with national problems interstate highways, poverty, crime,
education, pollution Categorical grants specified use of money
– Alabama Syndrome
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Marble Cake Federalism
What does a marble cake look like?Example of Saratoga County Public health
officerHard to find any governmental activity
which does not involve all three levels of federal system
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New Federalism
1968-presentReduce the power of the national
government Reduce aid to urban minorities (Model
Cities, War on Poverty)
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Block Grants
provided unrestricted grants to states and localities
Entitlement, not competition
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Reagan’s New Federalism
More block grants, less moneyFederal aid to state and local govts fell by
39%.Buffalo 1977- 31% of their revenues from
Washington, by 1992 they got only 6%.
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Reagan’s New Federalism
Cake Analogy?– You can make any kind of cake you want– You have fewer ingredients– Have to pay for it yourself cake
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Popular Support
In which of the following people in government do you have the most trust and confidence?– Federal government 19%– State government 22%– Local government 37%
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Popular Support
Which level of government does the best job of dealing with the problems it faces– Federal government 14%– State government 21%– Local government 41%
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Coercive or Regulatory Federalism, 1980-
Democratic Unfunded Mandates– Asbestos Hazard Emergence Act of 1986– Safe Drinking Water Act 1986– Americans with Disabilities Act of 1990– National Voter Registration Act of 1993
GOP Unfunded Mandates– No Internet taxation
Baking Analogy- You can have any cake you want as long as it has chocolate
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Constitution & Federalism Redux
Fed #51 “ a double security against majority tyranny”
Divide the power of government within the levels of government (sep of powers) but also across governments (between state and national governments)
Different governments will control each other against the oppression of governments
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Constitution
Article 1, Section 8 – Congress shall do what is “necessary and
proper” to promote “interstate commerce”
10th Amendment – powers not delegated to federal government
are "reserved to the states or the people”
Supreme Court’s changing interpretation of the commerce clause
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Revisiting the Commerce Clause
21 drinking Age and highway fundingUS v. Lopez
– Gun Free School Zones Act of 1990– Does it relate to commerce
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Violence Against Women Act
What does it do?Facts of Brzonkala v. MorrisonIs it constitutional?What are consequences for limited
government if VAWA is constitutional?
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VAWA
Federal civil rights remedy for rape victims– “all persons within the United States shall
have the right to be free from crimes of violence motivated by gender... . "
– Victims of a "crime of violence motivated by gender" may bring a civil action against his or her attacker in federal court
Brzonkala v. MorrisonFederalism and limited government
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Why Federalism Matters
Determines who pays (welfare $148 v. $360)
Determines how much uniformity of policy there will be (death penalty)
Determines who makes the decisions (textbooks)
Determines accountability
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Basic Tradeoff
a more centralized system is likely to be more uniform, equitable, and accountable
decentralized system is likely to be more democratic and flexible
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Who should make decision on…
MarriageDeath penaltyEnvironmental standardsEducationGun ControlWelfare reform
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Benefits of Federal System
Diversity of Needs Enhances popular sovereignty Proximity to Citizens Local control Innovation and Experimental Lab
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Disadvantages of Federalism
exacerbates economic inequalities.justice varies from state to state allows local minorities to block the will of
national majorities (civil rights)Spillover effects and competition
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Regulatory Federalism
1980- current eraNatl govt sets standards for states and coerces states to
meet goalsNatl Standards: eliminate discrimination in public
employment, upgrade prison conditions, offer classroom instruction in the native language of foreign students, provide wastewater treatment at advanced technological levels, protect the health and safety of workers in private industry, provide a free public education to handicapped children.
Rise in Unfunded mandates
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General Trends
Primary constraints are political, not constitutional
Federal role is reducedIntense state experimentation Bipartisan belief in devolution