Chapter Three Federalism. Copyright © Houghton Mifflin Company. All rights reserved.3 | 2 Chapter Objectives…

Download Chapter Three Federalism. Copyright © Houghton Mifflin Company. All rights reserved.3 | 2 Chapter Objectives…

Post on 19-Jan-2018

212 views

Category:

Documents

0 download

DESCRIPTION

Copyright Houghton Mifflin Company. All rights reserved.3 | 3 Why have federal grants-in-aid to the states been politically popular? What have proven to be their pitfalls? Distinguish between categorical grants and block grants. Distinguish between mandates and conditions of aid with respect to federal grant programs to states and localities. To what extent have federal grants to the states created uniform national policies comparable to those of centralized governments. The devolution revolution. What are the implications for citizens as taxpayers and as clients of government programs?

TRANSCRIPT

<p>Chapter Three</p> <p>Federalism</p> <p>Chapter Objectives</p> <p>Explain the difference between federal and centralized systems of government, and give examples of each.Show how competing political interests at the Constitutional Convention led to the adoption of a federal system that was not clearly defined.Like a teakettle, relieving pressure especially for minority interestsOutline the ways in which national and state powers have been interpreted by the courts.McCullough v. Maryland, Wicker v. Fillburn, Concept of selective incorporation </p> <p>Why have federal grants-in-aid to the states been politically popular? What have proven to be their pitfalls? Distinguish between categorical grants and block grants.Distinguish between mandates and conditions of aid with respect to federal grant programs to states and localities. To what extent have federal grants to the states created uniform national policies comparable to those of centralized governments.The devolution revolution. What are the implications for citizens as taxpayers and as clients of government programs?</p> <p>Governmental Structure</p> <p>Federalism: a political system where local government units can make final decisions regarding some governmental activities and whose existence is protectedUnitary System: local governments are subservient to the national government</p> <p>Figure 3.1: Lines of Power in Three Systems of Government</p> <p>Insert figure 3.1, but just the drawing of the federal system (the one in the middle)</p> <p>Figure 3.1: Lines of Power in Three Systems of Government</p> <p>Insert figure 3.1, but just the drawing of the federal system (the one in the middle)</p> <p>Figure 3.1: Lines of Power in Three Systems of Government</p> <p>Insert figure 3.1, but just the drawing of the federal system (the one in the middle)</p> <p>Positives and Negatives of Federalism</p> <p>Negative view: Federalism blocks progress and protects powerful local interestsPositive view: Federalism contributes to governmental strength, political flexibility, and fosters individual libertyFederalist #10: small political units allow all relevant interests to be heardFederalism increases political activity</p> <p>Federalism: A Bold New Plan</p> <p>No historical precedentTenth Amendment was added as an afterthought to clarify the limits of the national governments powerElastic language in Article I: Necessary and Proper Clause expands federal power</p> <p>THEME A: WHO GOVERNS WHAT? </p> <p>FEDERALISM AND CONSTITUTIONAL LAW</p> <p>McCulloch v. Maryland</p> <p>Could Congress charter a national bank?Yes, even though this power is not explicitly in the Constitution IMPLIED POWERS (Whatever is necessary and proper)Could states tax the national bank? No, because the power to tax is the power to destroy NATIONAL SUPREMACY (states cant interfere with constitutional activities of federal govt)Nullification</p> <p>Does the federal govt have the right to declare state laws unconstitutional? Yes. (14th Amendment)</p> <p>Settled by the Civil War.</p> <p>Wicker v. Filburn</p> <p>Federalism Over Time</p> <p>Dual federalism: Both national and state governments are supreme in their own spheres, which should be kept separateParticular state issues: law enforcement and educationHard to make distinctions between state and federal spheres; distinctions between them were blurredBut Supreme Court has strengthened states rights in several recent casesUS v Lopez--guns in schoolsUS v Morrison--Violence Against Women ActPrintz v. US--background checks on gun purchasers</p> <p>THEME A: DISCUSSION QUESTIONS</p> <p>Historically power has flowed to the central government. What reasons exist for the states to continue exercising independent power? Given the Supreme Courts decision in McCulloch, what prevents the central government from assuming legal authority over any area of public policy?Why doesnt the federal government always intervene when states defy its authority?Certain areas in Nevada permit prostitution, nine states have legalized the use of marijuana for medical purposes; Massachusetts has legalized same-sex marriage. Could the federal government legally intervene to forbid such practices in these states? Explain why or why not?</p> <p>WHO GOVERNS NOW? THE CONTEMPORARY POLITICS OF FEDERALISM</p> <p>Grants in Aid: Fiscal Federalism</p> <p>Dramatically increased in scope in 20th century (especially 1960s)Grants were a way for federal government to circumvent strict constructionist reading of federal power.Grants were attractive to state officials for various reasonsRequired broad congressional coalitions with wide dispersion of funds, because every state had incentive to seek grant money </p> <p>Categorical Grants v. Revenue Sharing</p> <p>Categorical grants for specific purposes defined by federal law; often require local matching fundsBlock grants (sometimes called special revenue sharing or broad-based aid) devoted to general purposes with few restrictionsstates preferred block to categorical grantsRevenue sharing (sometimes called general revenue sharing) requires no matching funds and can be spent on almost any governmental purpose</p> <p>Figure 3.2: The Changing Purpose of Federal Grants to State and Local GovernmentsWhy the change?</p> <p>Budget of the U.S. Government, Fiscal Year 2005, table 12.2.</p> <p>Insert figure 3.2</p> <p>Figure 3.3: Federal Grants to State and Local Governments, 1984-2004</p> <p>Budget of the U.S. Government, Fiscal Year 2002, Historical Tables, table 6.1, and Budget of the U.S. Government, Fiscal Year 2005, table 12.1.</p> <p>Insert figure 3.3</p> <p>Categorical Grants</p> <p>Given by govt for specific purposesOften require matching fundsExamples: Medicaid, AFDC (welfare)Cross-over sanctionsFederal highway fundsCross-cutting requirementsMust extend to all federally-funded activitiesStates complain about restrictions</p> <p>Block Grants</p> <p>New Federalism (Reagan)Combine several categorical grants into oneGive Congress less control over how money is usedCan be victims of creeping categorizationExample: shift from AFDC to TANF</p> <p>Federal Aid and Federal Control</p> <p>Conditions of aid: rules that state what governments must do if they wish to receive grant moneyMandates: federal rules that states or localities must obey, generally have little or nothing to do with federal aidCivil rightsEnvironmental protection Example: Americans with Disabilities Act (1990) (an unfunded mandate)</p> <p>The Devolution Revolution</p> <p>Devolution initiatives returned program management to the states, with some federal guidelines, but there is no guarantee of federal supportBlock grants fund entitlements</p> <p>The Devolution Revolution</p> <p>Devolution proponents harbor a deep-seated ideological mistrust of federal government and believe that state governments are more responsive to the peopleDeficit politics encouraged devolutionDevolution is supported by public opinion, but the strength of that support is uncertainCase Study: AFDC to TANF (Welfare)</p> <p>Regulated Federalism</p> <p>Instituted by Bush AdministrationNo Child Left Behind (NCLB)Bush criticized for abandoning conservative principlesPrescription drug benefits for Medicare bloated costsReturn to Federal control caused by 9/11 and Hurricane Katrina as well</p> <p>Congress and Federalism: Will we become a completely centralized nation?</p> <p>Members of Congress represent conflicting constituenciesThe erosion of parties and linkage institutions increases political competitionAmericans differ in the extent to which we like federal versus local decisions</p> <p>THEME B: DISCUSSION QUESTIONS</p> <p>Does the system of grant-in-aid upset the balance of federalism? Do grant programs enable Congress to do what it pleases by bribing states into compliance? Or do these programs merely increase the likelihood of national policy uniformity? What would be the consequence if a state refused federal grant money?To what extent have interest groups produced grants-in-aid, and to what extent have grants-in-aid produced interest groups? Who constitutes a governmental lobby?How and why do conservatives and liberals differ over giving aid to the states without conditions?Why cant federal agencies attack complex problems by producing and implementing a coherent systematic policy? Why dont (cant) federal bureaucrats issue orders where necessary?Does the recent push toward devolution give states too much power?</p> <p>Issues connected to federalism</p> <p>Gay MarriageMedicinal MarijuanaCivil RightsEducationBush v. GoreElectoral College</p>

Recommended

View more >