Presentation Transcript

1. Federalism

2. On August 29, 2005, Hurricane Katrina, a category 5 storm, swept across the Mississippi Gulf Coast, devastating New Orleans and parts of Mississippi and Alabama.
3. So what IS Federalism? By definition, federalism is a way of organizing a nation so that 2 or more levels of gov’t have formal authority over the same land and people (shared power between units of gov’t) Example: The state of GA has formal authority over its inhabitants, but the national gov’t can also pass laws and policies that affect Georgians
4. 3 Systems of Government A Unitary System All the power resides in the central government American states are unitary gov’ts in respect to their local gov’ts They can create or abolish local gov’ts However, states do not receive their authority from the national gov’t…but directly from the Constitution Most popular form of government historically and today
5. 3 Systems of Government A Confederation Central gov’t is weak; power is retained by local or regional governments US began as a confederation (Articles of Confed.) Very few exist today (the few that do are in international organizations) Example: The EU (European Union), The United Nations
6. 3 Systems of Government 3. A Federal System Divides power between national, state, and local gov’ts Only 11 of the 190 or so countries in the world have a federal system You may also see this referred to as “intergovernmental relations”
7. Why is Federalism important? It DECENTRALIZES OUR POLITICS With more layers of gov’t, more opportunities exist for political participation. With more people wielding power, there are more points of access in gov’t and more opportunities for gov’t to satisfy the demands of interests for public policies
8. Why is Federalism important? It DECENTRALIZES OUR POLICIES Most of our public policy debates (healthcare, abortion, drinking age, the environment) are debates about federalism States are responsible for most public policy Becomes national issues with groups take their cases to Congress or the Supreme Court
9. A Perfect Example… Candy Lightner, a California real estate broker grieving over the death of her 13-year-old daughter at the hands of a drunk driver, formed Mothers Against Drunk Driving (MADD). MADD lobbied Congress to pass a law withholding federal highway funds from any state that did not raise its drinking agt. Today, every state has a legal drinking age of 21
10. Constitutional Basis of Federalism Think back to the Constitution packet you completed as part of your summer assignment…where (and how often) was the term “federalism” used?
11. Constitutional Basis of Federalism The Framers favored a stronger national gov’t, but they also made states vital components in the new gov’t States and equal representation in the Senate (made un-amendable in Article V) States are responsible for elections States are guaranteed continuation (cannot be chopped up to create new states)
12. Constitutional Basis of Federalism The National gov’t has certain obligations to the states: Protect against violence and invasion Is the national gov’t always efficient in meeting its obligations to the states?
13. Constitutional Basis of Federalism Article VI = Supremacy Clause 3 Items are the supreme law of the land: The Constitution Laws of national gov’t (when consistent with Constitution) Treaties (only made by national gov’t)
14. Constitutional Basis of Federalism National gov’t can only operate within its appropriate sphere, it cannot usurp states’ powers? What are the boundaries? 10th Amendment: “powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
15. Constitutional Basis of Federalism Occasionally, issues arise in which states challenge the authority of the national gov’t Late 1980s, governors of several states refused to allow their National Guard to engage in training exercises in Central America In 1990, SC reiterated the power of the national gov’t by siding with the president. Other issues?
16. Constitutional Basis of Federalism Why is it that the federal gov’t has gained power? Elaboration of the doctrine of implied powers McCulloch v. Maryland Supremacy of National gov’t Implied powers (tied to “necessary and proper”/elastic clause) The Commerce Power Gibbons v. Ogden Regulating commerce is one of the national gov’t’s most important source of power
17. Constitutional Basis of Federalism Why is it that the federal gov’t has gained power? The Civil War Struggle between state and national gov’t The struggle for Racial Equality The states resisted being told by the federal gov’t that they had to obey/enforce civil rights legislation
18. States’ Obligations to Each Other Full Faith and Credit (Article IV) Extradition – states are required to return a person charged with a crime in another state to that state for trial or imprisonment. Privileges and Immunities – prohibits states from discriminating against citizens of other states. Exceptions: out-of-state tuition, state elections
19. Changes in Federalism Over the last 200 years, their has been a shift from dual federalism to cooperative federalism Dual Federalism - Both the national gov’t and the states remain supreme within their own spheres Layer Cake Analogy
20. Changes in Federalism Cooperative Federalism – states and the national gov’t share powers and policy assignments
21. Changes in Federalism The early American federal system leaned toward dual federalism We see the shift through examples Education Highways Cooperative Federalism today rests on several standard operating procedures
22. Cooperative Federalism Shared Costs: cities and states can receive federal money if they pay some of the cost Federal Guidelines: most grants to states come with strings attached (ex: highways funds = increase in drinking age) Shared Administration: state and local officials implement federal policies, but they have some administrative powers of their own (ex: Department of Labor)
23. Devolution? Democrats Republicans Favor states taking responsibility for issues Support increasing the power of the federal gov’t in order to advance policies Ronald Reagan promised to “restore the balance between levels of gov’t” Decreased federal funding to states Devolution – transferring responsibility for policies from the federal gov’t to state and local gov’t
24. Devolution? Since the mid-1990s, Republicans have found that restricting state power to be the most effective way of achieving many of their policy objectives Loosening economic and envir. Regulations Controlling immigration Restricting the expansion of gov’t health care coverage Stiffening penalties for criminals
25. Fiscal Federalism Definition – the pattern of spending, taxing, and providing grants in the federal system MONEY = INFLUENCE
26. The Grant System 9% 10% 19% 11%
27. 2 Major Types of Federal Aid Categorical Grants – can be used only for specific purposes (or categories) Main source of federal aid They come with strings attached, such as nondiscrimination provisions 2 types of categorical grants Project Grant – awarded on the basis of merit Formula Grant – distributed according to a formula (population, per capita income, percentage of rural population, etc.) Medicaid
28. Categorical Grants-in-aid Sends revenue from federal taxes to state and local gov’ts. This transfers the burden of paying for services from those who pay state and local taxes, such as taxes on sales and property, to those who pay national taxes, especially the federal income tax
29. 2 Major Types of Federal Aid Block Grants – given more or less automatically to states or communities, which then have discretion within broad areas in deciding how to spend the money The % of federal aid in the form of block grants began increasing in 1995 Welfare
30. Mandates A requirement that directs states or local gov’ts to comply with federal rules under threat of penalties or as a condition of receipt of federal grant Funded, nonfunded, or underfunded
31. Example of Mandate…Medicaid Administered by states Receives support from both political parties National gov’t pays the majority of the bill Congress has moved to expand Medicaid, requiring states to extend coverage They have also increased the funding…but placed new requirements that put huge demands on state budgets
32. You are the Policy Maker A conviction for first-degree murder in 36 states may well mean the death penalty for the convicted murderer. In 14 other states and the District of Columbia, first-degree murderers are subject only to a maximum penalty of life behind bars. Some people see diversity in public policy as one of the advantages of federalism. Others may argue that citizens of the same country ought to be subject to uniform penalties. What do you think? Should whether you live depend on where you live?