Federalism - PowerPoint

					           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
   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‖
              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
    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
                                          The Dynamics of
3) Financial Incentives/Fiscal           American Federalism
  Federalism                                   (continued)
    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)
                 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
             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
                     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
     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
       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
      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
    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)
          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)