CHAPTER 4 Outline

A. The U.S. is a nation with many Governments.

  1. Only two are listed in the Constitution:

National & State

  1. There are over 80,000local governments which are

subunits of the states

B. The Two theories of Federalism discussed in the text

  1. Dual Federalism

*National Government rules by enumerated powers stated in the 10th amendment

*States are viewed as powerful and equals in some respects with the National

gov’t.

*Each gov’t. is sovereign w/in it’s own sphere

*The relationship between National & State governments is characterized by

tension

*Our American Gov’t. functioned this way from 1789-1933

  1. Cooperative Federalism- “Marble Cake”
  • People are viewed as citizens of both the nation & state
  • The National gov’t. role is stressed, supported by the

Supremacy Clause Article VI

  • Nat’l & state governments routinely share powers
  • Power is not concentrated at any level of gov’t.

The critical difference between the two theories is how they interpret two sections of the

Constitution.

a)the 10th amendment - refers to statepowers

b)the Elastic Clause (Article I, section 8, clause 18)-

expands Congress’ powers and the National Gov’t

NECESSARY & PROPER CLAUSE

C. Why has the relationship between the national and state governments shifted

over time?

  1. the Constitution is not very specific as to how federalism is supposed to work

-this allows for such shifts

  1. Other reasons
  1. POLITICS & HISTORICAL circumstances
  1. Civil War
  2. Great Depression
  3. Voting Rights Act of 1965

*Article 1 says that states set voter qualifications

*the elastic clause coupled with the 15th amendment enlarges the national government’s power and justifies that all citizens would have an equal opportunity to be enfranchised

  1. 9-11 and the Patriot Act
  1. JUDICIAL Interpretation
  1. McCulloch v. Maryland determines states can not tax National Banks

which are a part of the national government

2. The “Commerce Clause” has helped to expand national power when it

was interpreted broadly.

Today it is more narrowly interpreted.

3. Examples of interpretations of the commerce clause changing

And state’s rights powers changing

Gibbons v. Ogden 1824—see explanation in packet

Dred Scott decision 1857—if you are a slave you are

property of the owner/state

New Deal measures finally upheld

U.S. v. Lopez 1995—“Gun Free Zones”—Federal government used

the “Commerce Clause to defend this law-

--State’s rights win

Printz v. U.S. 1997—Federal government cannot force

Local Law Enforcement to do a

background check on every gun purchased

Bush v. Gore 2000—The Supreme Court stopped the state of

FLORIDA from recounting presidential

ballots

Atkins v. Virginia2002 You cannot put to death mentally retarded

  1. INCENTIVES by the National Government & Congress

1. Grants-in-Aid & to be spent from one level of government to another

level with a Specific purpose – Tend to increase national power

and decrease state power.

These haveDOUBLEDin spending every five years since 1960

They take two general forms:

  1. Categorical Grants – targeted for specific purposes

such as disaster assistance

1. Formula grants- distributed according to a formula

Who is eligible? How much the recipient

will receive?

2. Project Grants- awarded on the basis of a competitive

application

  1. Block Grants- awarded for more general purposes

such as community development

these increase state power and decrease national powers

Grant money always comes with strings attached!!!!

Highway funds to raise the drinking age to 21 in all states

and to lower blood alcohol levels for DUI’s .08

No Child Left Behind

D. Professionalism of state governments

  1. Better trained policy staffs
  2. longer legislative sessions
  3. increased legislative pay

has attracted better candidates for state offices thus producing more capable policy performers. States are no longer the Weak Link.

D. Federalism is ever revolving

  1. 1969-1974 New Federalism and President Nixon was designed to

decentralize national policies

  1. 1977-1981 President Carter continued the trend of cutting national aid to the states

3. 1981-1989 President Reagan promised a “New Federalism” that would further

reduce contributions to states, leaving them the choice of

finding new sources of revenue or cutting services.

  1. 1989-1993 President Bush reaffirmed President Reagan’s objective, but started to

allow state and local governments to become laboratories for policy

innovation

  1. 1993-2000 President Clinton continued the goal of asking states to be creative

problem solvers and continued cutting funds to the states

What does all of this mean?????

  1. Once people are given services it is hard to take them away, so

usually state governments increase taxes to continue giving them so the people aren’t in uproar.

  1. So it seems as if we are getting a great reduction in federal taxes, but you make up for it in the amount you pay to the states.

D. Grants-in-aid (Federal money given to the States)

  1. Categorical grants--specific grants
  1. Formula grants--You can obtain these through a specific formula
  1. Project grants
  1. Block grants--BROAD grants

E. Professionalization of State Governments

  1. In 2006, professional workers represented one-fifth of all state and local government employees

III. Ideology, Policymaking, and American Federalism

  1. Policy entrepreneurs
  1. Ideology, Policymaking, and Federalism in Theory
  1. Conservatives are frequently portrayed as believing that different states havedifferent problems and resources and that returning control to state governments

would promote diversity

  1. Liberals hold that the states’ rights model allowed extreme political and social inequalities and that it supported racism

C.Ideology, Policymaking, and Federalism in Practice

  1. National Intervention in State Functions-- While the federal government has cut back on money it gives the states, that doesn't mean it has lost power to control the states!
  1. Preemption- the power of Congress to enact laws that assume total or partial responsibility for a state government function

1) Two types of PREEMPTION

a. Mandate- require states to undertake an activity or provide a service

in keeping with a minimum national standard

(Each state is required to provide low income citizens

with access to some form of Medicaid)

this costs states $$$$$$$--No Child Left Behind

b. Restraint-- forbids states to exercise certain powers

(in the 80's they prohibited states from servicing bus

routes to serve small and remote communities)

c. Coercive federalism --through UNFUNDED MANDATES

d. Constraining Unfunded Mandates

***1) The Unfunded Mandate Relief Act (1995) required

cost analysis of legislation--Republican

IV. Federalism and Electoral Politics--

Federalism is related to electoral outcomes in National and State Elections

A. National Capital-State Capital Links- state electioneering experience builds networks and

fundraising potential for national races.

(NAME RECOGNITION)

B. Congressional REDISTRICTING--

1) State redistricting occurs every 10 years after the CENSUS is taken.

The PARTY in POWER in the HOUSE decides how the redistricted map is

going to be!

OHIO--2010 Census LOST 2 Seats the Republicans who are in control of the

Ohio General Assembly are deciding the new HOUSE map.

Check out the new map!!!! At the top of Ohio it looks like a snake runs all the

way across Lake Erie. Very Interesting.

The only possible check on this power is:

  1. Preclearance- of potential district designs by the U.S. Justice Dept also means federal oversight of state districts
  1. Section 5 of the Voting Rights Act

V. Federalism and the American Intergovernmental System

A. Thousands of Governments

  1. Municipal governments
  2. County governments
  3. School districts-- Kenston Local schools cost 28million a year to run!
  4. Special districts--- sanitation or transportation are examples
  1. Home rule--a right given from state governments to municipal governments to enact and enforce legislation in certain administrative areas.

Many Different Levels of Government have both:

POSITIVENEGATIVE

local gov't. is closer to the peoplesmall scale government lacks resources

local gov't.=more opportunities for Participationthe complexity of so many levels of gov't. may

discourage individual participation

more small scale experimentation can happen

example wind mills/hybrid bussesOrganized interests (more $, time, & expertise) more

may dominate decentralized governments

possibilities of responding to diversity

Those who FAVOR STATES' RIGHTS--more Conservatives

*different states have different problems and should be allowed to experiment

*states would compete with one another and people could choose where to live

*The national government is too removed from the state's people and Special interests

dominate national politics

*The Federal Government's size leads to WASTE & INEFFICIENCY

Those who FAVOR MORE FEDERAL INTERVENTION---more Liberals

*it took federal action to overcome inequalities--SEGREGATION

*It took federal action to create uniform standards to protect civil liberties

*poor states can't provide their citizens what rich states can.

Crosscutting responsibilities

  1. Crisespress different levels of government into duty together--

WV river leak, Hurricane Sandy

VI. Federalism and the International System

A. American federalism and world politics

  1. U.S. Department of Commerce
  2. Office of the U.S. Trade Representative
  3. 43 states have established foreign offices, often for trade purposes!

VII. Federalism across the Globe

A. Iraq

1. Went from a highly centralized and unitary system under dictator Saddam Hussein to a more dispersed federal system under its new constitution.

VIII. Federalism SUPPORTS Pluralism

  1. The national government has come to rely increasingly on its regulatory power to shape state policies.