Reading/Lecture 3 The National Context of Texas

Politics and Government

• Federalism

Federalism -Vertical Separation of Powers

• Federalism is a system of government in which both the national and state governments share power within the same political system.

• Fundamental design of American Political System

• U.S. Constitution addresses national, state and “the peoples” responsibilities in the federal system.

Three Types of Democratic Government Design

• Unitary–Hierarchical–Centralized Power–Subdivisions carry out or enforce policy decisions–UK and Texas

• Confederation–Opposite of Unitary–Central Government power derived from states (lower sub units)–Articles of Confederation –Confederacy–United Nations

• Federation–Compromise–State Autonomy–Government closerto people –Lacks uniformity in laws–Services vary fromstate to state

Advantages of Federalism

• Geography– Political subcultures with different priorities.

• Population and layers of governments necessary to fulfill obligations.– Multiple arenas for decision making.

• Interstate compacts

• States as a “testing lab” for new policies.

Federal System Drawbacks• The variance in local policy application

has led to a lack of uniform state laws and a demands for national standards.

• Many argue that the national government should ultimately control all policy directions.

• Leads national government power expansion at states expense.

• Powerful state interests can block national initiatives.

The Evolution of U.S. Federalism

• Dual Federalism– Pre-civil war until Great Depression– Issues resolved by Supreme Court– National and state governments equal– Function and duties clearly divided

Early State Power:Economic Regulation

• State legislatures regulated economic areas such:– property,– contracts, – banking, – insurance,– incorporation,– credit,– professional practices.

State Power over the Individual

• States enacted:– criminal statutes,

– health and safety regulations, – laws concerning marriage, divorce, birth

and adoption.

The Depression and the Great Society

• The federal government responded with economic and social programs.

• The Supreme Court initially ruled that these programs were unconstitutional.

• Roosevelt threatened to pack the Supreme Court.

• The Supreme Court reversed its position and upheld the constitutionality of the plan.

• Ushered in the Democrats “New Deal” Era

20th Century Federalism

• Cooperative Federalism– FDR’s New Deal focuses on national and

state levels cooperating to solve problems

– Grant money begins to flow to states from national government

– Gradually national government grows in power and influence over state governments

Tools of Power: Federal Mandates and Grants

• Federal mandates are federal laws applied to states.

• Governmental programs are usually in the form of federal grants-in-aid.

• Congress appropriates money to state and local governments to fund particular projects, usually with strings attached.

• The “Great Society” greatly increased funded work and social programs such as Medicare, AFDC and Social Security.

Types of Grants• Land Grants – During Dual Federalism• CategoricalCategorical grants specify particular types of

projects for which federal funds can be used.– Project grants are a type of categorical grant,

which are competitive.– Formula grants are allocated based on need or

capacity.– Usually represent 85% of federal grants.

• BlockBlock grants are grants for broader areas.• Revenue sharingRevenue sharing - no mandate or strings

attached.

New Federalism• New Federalism (Nixon and Reagan)– National government too powerful

– Decentralization of programs

– Revenue sharing introduced

– Matching grants

– “Carrot and stick” approach

– Unfunded mandates

Devolution of Federalism

• Uncooperative Federalism– Republican revolution of 1994– Unfunded Mandate Act of 1995

– Made adoption by Congress more difficult

– New pressure on states– To provide more service– To enforce more regulations– To match federal funding

– Series of Supreme Court decisions tend to support states and limit national governments power

In the 1990s: State v. Feds• Reinforcing 10th Amendment• Stressing dual sovereignty

– Reducing power of national government• Limiting federal use if interstate commerce

clause– New York v. United States– Gregory v. Ashcroft– United States v. Lopez– Seminole Tribe v. Florida– Printz v. United States– City of Boerne v. Flores– United States v. Morrison

• Will war on terrorism reverse this trend?