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Federalism

Federalism. “The federal Constitution forms a happy combination . . . the great and aggregate interests being referred to the national, and the local and particular to state governments.” – James Madison, Federalist 10. Unitary system Federalism Confederation. American Federalism.

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Federalism

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  1. Federalism “The federal Constitution forms a happy combination . . . the great and aggregate interests being referred to the national, and the local and particular to state governments.” – James Madison, Federalist 10 Unitary system Federalism Confederation

  2. American Federalism • Dual Federalism (layered cake) • “States’ rights” • National gov’t limited to enumerated powers • Dual sovereignty, dual citizenship • Cooperative Federalism (marbled cake) • “We the people” (i.e. not the states) • National gov’t can expand with “elastic clause” • State sovereignty limited by “supremacy clause”

  3. American Federalism(continued) • Picket-fence Federalism • Pragmatic policy-making is more important than theoretical arguments and formal divisions • Still takes into account the background of separation • American Federalism is a Dynamic system characterized by 1) Ambiguity 2) Pragmatism (political, logistical, & economic) 3) Policy-based Organization

  4. The Dynamics of American Federalism • What moves this dynamic? 1) National Crises & Demands • crisis increases need for unified direction, effort, & resources; e.g. Great Depression, 9/11 • Some national needs require unity & coordination; e. g. Nutrition Labeling and Education Act 1990 2) Judicial Interpretation • Possible (inherent?) contradictions in Constitution • Challenges to new legislation (especially preemptive legislation) are often based on interpretations of the 10th Amendment • Conflicting interests often use whichever position favors their cause

  5. The Dynamics of American Federalism(continued) 3) Financial Incentives/Fiscal Federalism • Categorical Grants, Block grants • e.g. South Dakota v Dole 1987, Stimulus Package 2009 4) Professionalization of State Gov’t • Internal changes (e.g. higher salaries, better education, full-time staff) • State tax & budgetary reform • Fiscal Federalism (e.g. E&SEA 1965 - NCLB 2001)

  6. Trends in Federalism • In America • Growth of local gov’t • county gov’t (some townships), municipal gov’t, school districts, some special districts • Over 87,000 local gov’t • Expansion of national gov’t • Growth of Preeminent legislation • Abroad • States’ abroad • >30 have intnat’l trade directors • Most have foreign offices of some kind • The European Union • Africa, Iraq

  7. Pros & Cons • “Laboratories of Democracy” • Experimentation & Competition • Diversity & Freedom of Choice • Greater Participation & Responsiveness • Efficiency, Decisiveness, Speed of Action • Conflict Management • May help governing of diverse & semi-autonomous groups • May also contribute to or prolong conflict • e.g. Germany, Iraq

  8. Pros & Cons • Minority Rights • Factions, benefits of a “large republic” • History of Intolerance (e.g. Voting Rights Act 1965, protection of civil rights) • “Race to the Bottom?” • States determine social welfare benefits • They also compete to be the home of businesses • Does one affect the other? • Lack of Accountability? • Sharing burden, but also blame • e.g. Hurricane Katrina

  9. Federalism Fun Facts – who spends what (circa 2005-06)? • EDUCATION (K-12)---Feds provide 9%, States 47.3%, Local govts. 43.7% • HEALTH CARE---Feds provide 31.5%, States 12%, Others 56% • PRISONERS---Federal 12.3%, State & local 87.7% • HIGHWAYS—Feds provide 28.78%, States and locals 71.22% • INCOME SECURITY (welfare) – Feds provided about 2/3 in 1995 • i

  10. KEY SUPREME COURT CASES in Federalism • McCulloch v. Maryland (1819) -- Bank of US, N & P clause • Gibbons v. Ogden (1824) – steamboat case, IC clause • Child labor, minimum wage, monopoly cases in late 19th Century, IC clause • NLRB v. Jones & Laughlin Steel (1937), IC clause • Heart of Atlanta Motel v. US (1964), IC clause

  11. Are we in the middle of a “states’ rights” revolution? • US v. Lopez (1995) -- guns ‘n’ schools • Printz v. US (1997) -- Brady bill • US v. Morrison (2000) – VAWA • Revival of “sovereign immunity” principle • Gonzales v. Oregon (2006) – assisted suicide • More and more states “going it alone” on environment, min. wage, health care, stem cells

  12. NOT SO FAST, my STATES’ RIGHTS FRIEND! • 1.) Continuing Pre-Emption by Federal Govt. in selected policy areas (election reform, voter registration, education standards, gunmaker liability, tort reform, health insurance) • 2.) Countermoves by Supreme Court (medical marijuana, disability access)

  13. MORE ON GRANTS • MANDATES – funded or unfunded • Competitive categorical grants • Formula categorical grants • Block grants – welfare converted to a block grant in 1996 • Political incentives for block grants(Stimulus spending school example)

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