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AMERICAN FEDERALISM

AMERICAN FEDERALISM. Cont’d May 26, 2003. Level of Centralization. Small Unitary Gov’ts. Large Unitary Gov’t. Confederation. Federalism. Decentralized Federation. US 1789. US 2002. Centralized Federation. Indicators of Centralization. size of the federal government

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AMERICAN FEDERALISM

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  1. AMERICAN FEDERALISM Cont’d May 26, 2003

  2. Level of Centralization Small Unitary Gov’ts Large Unitary Gov’t Confederation Federalism Decentralized Federation US 1789 US 2002 Centralized Federation

  3. Indicators of Centralization • size of the federal government • expenditures, programs, budgets • federal grants-in-aid, mandates • federal inducements/requirements that states undertake certain actions • federal preemption • regulation of interstate commerce

  4. Centralization in Context • examples of differences in the exercise of powers reserved for the states • the death penalty • right to die (e.g. assisted suicide) • gun control • referendums/initiatives

  5. American Federalism • explanations of centralization • idea of “one nation” • E Pluribus Unum • American civil war • citizen demands for rights to be extended equally across the nation • representation of state interests within the national government as opposed to representation through relations between state governments and national government • the Senate!

  6. The New Federalism • the devolution revolution • 1980-2002 • peaked in 1994 with Contract with America

  7. The “New” Federalism 1980-2000 Small Unitary Gov’ts Large Unitary Gov’t (Confederation) Federalism Decentralized Federation US 1980 Centralized Federation

  8. The Devolution Revolution • causes and underlying issues • about limiting government • still about issues relating to racialized politics • e.g. welfare reform

  9. The Devolution Revolution • Thoedore Lowi • devolution is about dual federalism and dual citizenship • proponents of devolution believe... • states rights should predominate on issues of race, class and gender • this was the case from 1930-1960 but was abrogated during the 1960s and 1970s • devolution is an attempt to return to the proper state of things • explains idiosyncratic patterns of federal vs. state dominance

  10. Federalism After 9/11 • fiscal politics – shifting federal/state balance • 9/11 ends “surplus politics” at the federal level for foreseeable future • increased security and defense costs • context of resistance to new taxation (support for tax relief)

  11. Federalism After 9/11 • fiscal politics – shifting federal/state balance • increased trust in government • heroes of 9/11 – state & local • decreased federal emphasis on domestic policy problems • states/local government

  12. The “New” Federalism 1980-2000 Small Unitary Gov’ts Large Unitary Gov’t (Confederation) Federalism Decentralized Federation US 1980 Centralized Federation

  13. Main Message! • federalism... • not simply a technical issue about which gov’t is best placed to do what • involves philosophical questions regarding the overall role of government • including issues of race!

  14. Civil Liberties May 26, 2003

  15. Civil Liberties -- What Are They? • TYPES OF CIVIL LIBERTIES • FUNDAMENTAL FREEDOMS • “Congress shall make no law...” • LEGAL RIGHTS • DUE PROCESS • against unreasonable search and seizure • against self-incrimination

  16. Civil Liberties -- What Are They? • vs. Civil Rights • civil liberties adhere to individuals rather than groups • negative vs. positive freedom • civil liberties are about what government must not do; civil rights are largely about what government must do

  17. Civil Liberties -- Absolute or Competing Claims • competing claims • individual rights vs. general welfare • competing rights claims • trends (to 9/11) • trend has been towards expansion of the definition and scope of civil liberties • fewer government actions on behalf of general interest can justify limiting civil liberties • more and more issues redefined as competing rights claims – the legalization of politics

  18. Legalized Politics -- The Implications • positive aspects of legalized politics • offers access • not based on popular opinion • negative aspects of legalized politics • constrains general welfare • atomizing • style of politics • adversarial • not prone to compromise

  19. Security and Civil Liberties – An Altered Balance Post-9/11 • order/security vs. individual liberty • USA PATRIOT Act • broadened government ability to implement wiretapping • surveillance of emails and computers • power to detain and deport foreigners • increased power to detect money laundering

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