1 / 16

The Balance of Power in U.S. Federalism: State Capabilities and National Authority

This analysis explores the dynamics of federalism in the United States, addressing the critical question of whether states possess enough capabilities to enhance their role within the federal government framework. It examines the advantages and disadvantages of state vs. federal authority, discusses limitations faced by state lawmakers, and reviews how federalism interacts with individual rights and financial structures. Key topics include the implications of the 10th Amendment, selective incorporation of the Bill of Rights, and recent shifts in policies related to gun control and marriage equality.

kaylee
Download Presentation

The Balance of Power in U.S. Federalism: State Capabilities and National Authority

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Federalism & State Government Kelly Krinn & Marissa Peterson

  2. Core question • Do states have sufficient capabilities in policymaking to assume a greater role in the federal system of government? Or is the present balance of power between the national government and the states about right? Why?

  3. Agenda • Federalism in the U.S. • Advantages v. Disadvantages • Limitations of State Lawmakers • Individual Rights & Federalism • Finance& Federalism • Conclusion & Discussion

  4. U.S. federalism • Constitutional Division of Powers: • Powers enumerated to the federal government • Powers denied to the states • 10th Amendment- “The 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.”

  5. Pros & Cons • Advantages: • Decentralizes Power • Citizen Involvement • Local Innovation • Local Discretion in Taxation& Regulation

  6. Pros & Cons • Disadvantages • Inefficient for modern problems • Overlapping regulation • Regulatory “race to the bottom” • Threatens rights of minorities • Instability

  7. Limitations of State Lawmakers • Federal Authority • Fiscal Restrictions • Instruments of Direct Democracy

  8. Federalism & individual rights • “Selective Incorporation”- Process of applying the Bill of Rights to the states (14th Amendment) • “State’s Rights!” - Used as an argument involving federalism & protection of individual rights • Recently, some state supreme courts have become more aggressive than the U.S. Supreme Court in protecting individual rights.

  9. Federalism & Individual Rights • DOMA- Federal law that defines marriage between one man & one women for federal and interstate recognition purposes. • States have traditionallyhad the right to determine marriage eligibility • State’s recognizing civil rights of gay couples- but federal gov’t still denying marital benefits.

  10. Federalism & Individual Rights • Gun Control- President Obama recently unveiled a new policy plan for federal gun control (plus 23 executive orders) • Federal gov’t has assumed primary role in shaping gun policy (Protection of LawfulCommerce in Arms Act of2005). • Recent gun control debate is changing NRA’s position from defender of federal law to advocate of state’s rights.

  11. Finance and Federalism • Local funding and local authority • Federal funding and federal authority • Unfunded Mandates • Block Grants

  12. Finance and federalism PPACA: • Original Medicaid expansion legislation ruled overly coercive toward states • Exchanges grants for states to establish their own or federally developed and run • Examples of federal power over states

  13. Finance and federalism Public schools: Multiple levels of devolution • Local and state funding stream • Educational disparities across the states (and within states) • Federal policy making (i.e. No Child Left Behind), attempts at addressing disparities

  14. Conclusion • There are many arguments to be made for and against giving state more power. • Evaluation • Efficiency: • Flexibility • Redundancy • Equity: • Outcomes • Resources

  15. Discussion Questions • Does the federal government have too much authority over issues which are not Constitutionally defined to be within their purview? • What specific issues or programs would be in the hands of which level of government and why? • Ex: Education, social insurance, civil rights?

  16. Sources • Rosenn, "Federalism in the Americas in Comparative Perspective" (1994) • Squire and Moncrief, State Legislatures Today: Politics Under the Domes (2010), Chapter 6 • Neuman, Shula, “State’s Rights and DOMA Clash on a Shifting Battlefield,” (2012) NPR.org. http://www.npr.org/blogs/thetwo-way/2012/09/09/160840674/states-rights-and-doma-clash-on-a-shifting-battlefield • Kleiner, Sam, “In Reversal, the NRA embraces States’ Rights,” (2013) The Nation. http://www.thenation.com/article/172834/reversal-nra-embraces-states-rights • NCSL “Full Time and Part Time Legislatures” (2009) • National Federation of Independent Business v. Sebelius, 567 U.S. (2012) • Janson, Richard Harlan, “Federalism And The No Child Left Behind Act : An Analysis Using Constitutional Systems And Adaptive Work Frameworks” (2011)

More Related