American National Government POL 140 Sections 3-6 - Federalism

American National GovernmentPOL 140

Sections 3-6Federalism

Drew Seib

September 10, 2012

Drew Seib American National Government

Announcements

I Chapter 2 Quiz

I How are papers going?


Current Events

I What’s going on in the world?


Goals

I Dual Federalism

I Layer Cake Federalism

I Picket Fence Federalism

I Devolution

I Money and Federalism


Basics

Federalism: The sharing of power between federal and stategovernments.

I A Comparison: Is there any difference between the EuropeanUnion and the United States?


National Government Powers

Enumerated powers: Powers granted to the national governmentunder Article I, Section 8 of the Constitution.

Supremacy Clause: Article IV of the Constitution, national law issupreme over state law when the nationalgovernment is acting within its constitutional limits.

Necessary and Proper Clause: Found in Article I, Section 8 of theConstitution, the necessary and proper clause givescongress the authority to enact any law necessary inorder for it to carry out one of its enumerated powers(A.K.A Elastic Clause).

I Affordable Care Act (Obamacare)?

Implied Powers: The national government’s authority to takeaction by use of the necessary and proper clause thatis not expressly granted/authorized by theConstitution.


State Government Powers

Reserved Powers: Powers granted to the states under the TenthAmendment of the Constitution.

I “The powers not delegated to the United States by theConstitution, nor prohibited by it to the States, are reservedto the States respectively, or to the people.”


Dual Federalism

I Pre- FDR

I Federalist vs. Anti-Federalist

I States and the Federalgovernment were fighting forpower (a dual).


Case Briefs

I McCulloch v. Maryland (1819)

I Scott v. Sandford (1857)

I Background

I Legal questions

I Decision

I Rational

One Minute Paper

I Why are these two cases so important?

I What would have happened if the Supreme Court had decideddifferently?


Case Briefs



I Background

I Legal questions

I Decision

I Rational

One Minute Paper




Case Briefs



I Background

I Legal questions

I Decision

I Rational

One Minute Paper




Other State-Federal Battles

I Civil War

I Commerce Clause

I New Deal


Cooperative Federalism

I Picket fence federalism

I Marble cake federalism

I State and federal governmentsshare authority over a policyarea.

I Much of the power still resideswith the states.

I Jointly funded

I Jointly administered


Picket Fence Federalsim


Fiscal Federalism

I National government providessome or all the money.

I States run the program.


Fiscal Federalism

Grants-In-Aid Federal cash payments to states and localities forprograms they administer.

I Localities can choose to reject a grant-in-aid, but if theyaccept it, they must spend it as dictated by the nationalgovernment.

I National government maintains policy influence

I States can expand services

I Categorical and Block Grants-In-Aid


Fiscal Federalism

Grants-In-Aid Federal cash payments to states and localities forprograms they administer.

I Localities can choose to reject a grant-in-aid, but if theyaccept it, they must spend it as dictated by the nationalgovernment.

I National government maintains policy influence

I States can expand services

I Categorical and Block Grants-In-Aid


Coercive Federalism

I The national government pressures states to change theirpolicies through mandates, regulations, and conditions forreceiving federal money.

I Seat belt laws (primary office)

I Speed limits and transportation funds

I No Child Left Behind


Categorical Grants

I Grants-in-aid that can only be used for a designated, specificactivity.

I More restrictive

I High Speed Rail

I School lunches


Block Grants

I Grants-in-aid can only be used for a designated, broad area ofactivity in which the state and local governments havediscretion in how to spend the money within the designatedarea.

I Less restrictive

I Education


Grants in Aid Over Time


Grants in Aid By State

Federal A

id to

States for Fiscal Year 2

01

0

vii U

.S. Census Bureau

.1 erugiF Federal Aid to State and Local Governments, Per Capita Ranges by State: Fiscal Year 2010

ME

TV

NHNY

TCMI

OHIN

WV

NC

AG

KY

TN

MS

WI

IL

AL

RA

MO

IA

MN

ND

DS

OK

TX

MT

WY

OC

NM

ID

UT

ZA

OR

NV

AC

KA

MA

RI

NJ

DC

evoba dna 004,21,800 to 2,3991,600 to 1,7990 to 1,599

DE

IH

atipac rep sralloDFL

CS

LA

MD

AP

AV

NE

KS

AW

U.S. average per capita: $2,011

Source: U.S. Census Bureau, Federal Aid to States for Fiscal Year 2010. Data are not subject to sampling error, but for information on processing and response error, see the Reliability of the Data section in the Introduction.


Devolution

Devolution: The passing of authority from the nationalgovernment to the state and local government.

I Started in the early 1970s

I Republicans

I Is devolution still at work today?


Federalism and Public Opinion

I Changes in the balance of power between the states andnational government have been driven by public opinion.

I New Deal

I Great Society

I Welfare Reform

I 9/11 and Financial Crisis


Immigration

I What does Article I Section 8 of the Constitution say aboutImmigration?

I Did Arizona or Alabama go to far?

I Was the Supreme Court correct in its interpretation?

I Should states be permitted to increase their power in policyareas where the national government has authority but is nottaking action?


Federalism Today

I What other policy areas are the federal and state governmentscurrently fighting over?

I What policy areas have the state and federal governmentsettled their disputes?


Why Federalism?

I What are the advantages and disadvantages of federalism?


Quiz 3 Due

I Quiz 3 due by next class period.


Something to think about...

I Protection from government is important to a well functioningdemocracy. Yet, there are times when Americans are willingto give up their civil liberties. Why (especially when its hardto get them back)?


Documents

American National Government POL 140 Sections 3-6 - Federalism