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Federalism. Chapter 3. Federalism. Definition- a system in which the nat’l gov’t shares power with local gov’t. States have a specifically protected existence & authority. (Constitution) The impact is widespread on roads, crimes, civil liberties etc.

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Chapter 3

  • Definition- a system in which the nat’l gov’t shares power with local gov’t.
  • States have a specifically protected existence & authority. (Constitution)
  • The impact is widespread on roads, crimes, civil liberties etc.
  • Degree od federalism has changes over time
  • a. devolution
  • block grants
  • Long term tension between nat’l and stae gov’t include slavery, states rights, mandates, regulation of business/ social welfare programs
government structure
Government Structure
  • Definition- A political system with local gov’t units, plus national ones that can make final decisions.
  • Federal gov’ts- Canada. India, Germany
  • Unitary gov’ts- France, Great Britain,Italy
government structure1
Government Structure

Confusion over certain responsibilities can have direconsequences.

Ex: Hurricanes Karina and Rita

government structure2
Government Structure
  • They block progress and protect powerful local interests.
  • Laski- they are “poisonous and parasitic”.
  • Riker- It perpetuates rasicm.
  • Elazar- It promotes stength, flexibility and liberty.

Negative Views

Positive views

government structure3
Government Structure
  • Federalism makes good & bad effects;
  • A. Various political groups with different purposes come to power in different places
  • B. Increased political activity
  • C. Small political units dominated by single political unit- Madison, Federalist #10
the founding of federalism1
The founding of Federalism

A bold new plan to protect personal liberties.

Neither state of federal gov’t would have total authority.

- New plan had no historical precedent

- 10th Amendment added later

the founding of federalism2
The founding of Federalism
  • Article I of the Constitution: Necessary and Proper
  • Called elastic language because it can be interpreted several ways
  • Hamilton’s view- national gov’t has supremacy because Constitution is supreme law
  • Jefferson’s view- state’s rights with people as the ultimate sovereign
the supreme court speaks
The supreme court Speaks
  • The Supreme Court has supported the idea that the federal government has supremacy over the states.
  • McCulloch v. Maryland- The Constitution’s “necessary and proper” permits Congress to create a national bank when it has the power to manage currency.
  • The doctrine that a state can declare null and void a federal law, that in the state’s opinion, violates the Constitution.
  • The ? of nullification was settled by the Civil War. The northern victory determined that the union is indissoluble and states cannot declare acts of Congress unconstitutional.
dual federalism
Dual Federalism
  • Doctrine stating that the nat’l gov’t is supreme in its sphere, the states were supreme in their sphere and the two spheres should be kept separate.
state sovereignty
State Sovereignty
  • The Supreme Court has recognized & strengthened the power of states.
  • A state can do anything that is not prohibited by the Constitution & is consistent with its own constitution.
  • Police Power- Laws & regulations of a state that promote safety, health and morals.
landmark supreme court cases
Landmark Supreme court Cases
  • Gibbons v. Ogden- The Constitution’s commerce clause gives the nat’l gov’t exclusive power to regulate interstate commerce.
  • Wabash v. St.Louis and Pacific Railroad v. Illinois- The states may not regulate interstate commerce.
  • United States v. Lopez- The nat’l gov’ts power under the commerce clause doesn’t permit it to regulate matters not directly related to interstate commerce.
grants in aid
Grants- In-Aid
  • Began before the Constitution with “land grant colleges”-gave cash grants to states
  • Dramatically increased in scope in the 20th century.
grant in aids
Grant- In-aids
  • Attractive because
  • A. free $ for state officials
  • B. federal management of $ and power to print more money at will
  • Requires broad congressional coalitions
  • Ex: federal funds for increased public safety after 9/11
  • Ex: Homeland Security grants
grant in aids1
  • 1960s shift- from what states demanded to what the federal gov’t deemed important, also known as federal activism
grants in aid1
Grants- in- Aid
  • The Intergovernmental Lobby
  • a. Hundreds of state, local officials lobby in Washington
  • b. Federal agencies have staff members that provide info, tech assistance, and financial support to state and local organizations
  • c. The purpose of both is to get more federal $$$ with fewer strings
grants in aid2
  • A grant that is for a specific purpose defined by federal law. It usually has many restrictions.
  • Ex: build an airport, provide $ to poor mothers.
  • A grant that is used for a general purpose and has few restrictions.
  • Also called special revenue sharing or broad based aid

Categorical Grants

Block Grants

grants in aid3

Categorical Grants

Block Grants

revenue sharing
Revenue Sharing
  • What are the 4 reasons why block grants and revenue sharing did not attain the goals of “no strings” or fiscal relief?
  • 1. The amount of $ given was not as much as states expected
  • 2. The gov’t has increased “strings attached” over time
  • 3. Block grants are given out less than categorical grants…gives the federal gov’t more control.
  • 4. Grants can cover a too wide area that it’s difficult to see the benefits on 1 area
federal aid control
Federal Aid & Control
  • Conditions of aid- The federal gov’t tells the states what they must do to get $
  • Categorical grants are increasing while block grants are decreasing
  • Definition- Terms set by the federal gov’t that states must meet whether or not they accept federal grants.
  • Most mandates have to do with the environment, civil rights and lately people with disabilities
  • Mandates for education are the lowest in number
  • When the federal gov’t spends less on an issue, it squeezes the states to spend more for that purpose
  • Examples: desegregating schools and busing...come from court orders and not federal law
  • Since the 1970s- the number of conditions of mandates has increased. Free money for state/local gov’t isn’t really free.
  • The aim is to pass federal responsibilities to the states.
  • Ex: AFDC- Aid to Families with Dependent Children…cash assistance to poor mothers now state function
  • 2nd Order Devolution- A flow of money & power from states to local gov’t
  • 3rd Order Devolution- The increased role of nonprofit organizations in policy implementation
  • Typically, done by Republicans but increased under Pres. Clinton.
  • Resulted in more government rules and regulations.