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Chapter 3: AP

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  • 1. Federalism -- Chapter 3
    • Review: What is federalism?
  • 2. Government Structure
    • Federalism
        • political system in which there are local units of gov’t, as well as a national gov’t that can make final decisions with respect to at least some government activities.
        • Separate self-sustaining centers of power, prestige, and profit.
        • 3 powers...remember??
  • 3. Devolution?
    • The effort to transfer responsibility for many public programs and services from the federal government to the states.
    • Happening now
    • Keep this in mind, whether we are experiencing this now, while learning about the chapter
  • 4. Governmental Structure
    • Federalist 10 (papers written by Jay, Madison and Hamilton)
        • In the US there is a great opportunity for all relevant interests
    • Increased Political Activity
        • More likely to be involved if you think you will have an effect
  • 5. The Founding
    • Why?
        • to protect liberty (separation of powers and checks and balances)
    • A Bold New Plan
        • National and state gov’t would have certain powers, but no supreme authority over the other
        • Framers assumed federal gov’t would have only those powers laid out in the Constitution
  • 6. The Founding
    • Elastic Language
      • Some clauses were very VAGUE, circumstances would change
      • Why would it be called elastic?
  • 7. Other Systems
    • Unitary System
        • All powers in hands of the national government (single, central agency)
    • Confederation
        • States are sovereign (supreme or ultimate political authority), national government can only do what states permit
  • 8.
    • Dual Federalism, aka layer cake federalism
        • Doctrine holding that the national government is supreme in its sphere, the states are supreme in theirs, and that the two should be kept separate
    • Cooperative Federalism, aka marble cake federalism
        • Theory that all levels of government could work together to solve common problems. Supremacy Clause says that the Constitution is supreme.
  • 9. Debate on the Meaning
    • Who has more power? Are they equal?
  • 10. In Favor of Congress (Cooperative Federalism)
    • McCulloch v MD
        • Refused to pay tax from his national bank to MD
        • Appealed to the Supreme Court
        • Expanded rights of Congress
        • NECESSARY AND PROPER
  • 11.
    • “ Power to tax involved power to destroy”...why can’t state tax a national bank?
    • Necessary and Proper Clause
        • Congress can pass laws necessary and proper to its duties, allow them to exercise power not specifically granted (enumerated)
  • 12.
    • Add to the side
    • 2 Fundamental questions:
    • Does Congress have the right to charter a national bank without constitutional authority?
    • Could a State tax such a bank?
  • 13. Federalism and the Commerce Clause
    • Gibbons v. Ogden (1824)
      • P ower to regulate interstate navigation was granted to Congress by the Commerce Clause
      • W ho holds the power in these two examples?
  • 14. In Favor of States
    • Nullification
        • A state can declare null and void a federal law that, in the state’s opinion, violates the Constitution.
  • 15. In Favor of States
        • Police Powers
            • state power to enact laws promoting health, safety, and morals
  • 16. In Favor of States
    • 10th Amendment
            • Reserved for the states
            • states can do anything not prohibited by Constitution or preempted by federal policy and consistent with their policy
  • 17. In Favor of States
    • Initiatives
        • allow voters to put leg. matters directly on the ballot with signatures
    • Recall
        • 1/3 states -- remove elected official from office
    • Referendum
        • enables voters to reject a measure adopted by legislature
  • 18. Federal-State Relations
    • grants-in-aid
        • Money given by the national government to the states
        • ex. Medicaid, for state purposes
        • Washington pays bills, states run the programs
  • 19. Federal Aid Con’t
    • Conditions of Aid
        • Terms set by national government that states must meet if they are to receive certain funds
  • 20. Federal-State Relations Con’t.
    • Categorical Grants
        • One for specific purposes defined by federal law
        • ex. Welfare payments, build airports
    • Block Grants
        • states can spend with broad guidelines determined by Washington
  • 21. Federal-State Relations
    • Revenue Sharing
        • adopted in 1972, expired in 1986
        • federal sharing of a fixed % of its revenue with states
        • originally intended to used for any purpose whatsoever
  • 22. Federal Aid and Federal Control
    • Block grants and revenue sharing were efforts to reverse federal control over states, but categorical grants grew faster.
    • Strings have continually been added since the 1960s (Civil Rights)
  • 23.
    • Does federal aid support dual federalism? What about cooperative federalism?
  • 24.
    • Devolution Revolution
    • Reagan’s New Federalism
        • renewed effort to downsize the federal government and turn more authority over to the States
  • 25. A Devolution Revolution?
    • 1994
        • Republican majorities in House and Senate
        • renewed effort to shift functions back to the states
  • 26. Devolution Revolution?
    • Welfare
        • Aid to Families with Dependent C hildren (AFDC) 1996
        • Originally a categorical grant, changed to block grant
        • Ended federal guarantee of support and turned it over to the states aided by federal block grants
  • 27. Mandates
    • Mandates
        • terms set by the national government that states must meet whether or not they accept federal grants
        • ex. Civil Rights, Environment Protection, American with Disabilities Act
        • Increased over time (1980 - 36, 1990s-140)
        • Supreme Court has supported growth in mandates
  • 28. Mandates
    • Clean Air Act of 1990 (reduce smog and air pollution)
    • Environmental Protection Agency sets limits on how much pollutants in the air
    • States should carry the Clean Air Act out
    • States must develop state implementation plans
  • 29. Mandates
    • Americans with Disabilities Act
    • previously in the hands of state officials, but federal officials felt that they were not doing enough
    • Unfunded, revenue must be generated locally
    • prohibits discrimination based on disability
    • Similar protections as the Civil Rights Act of 1964 (outlawed discrimination based on sex, religion, race )
  • 30. Mandates
    • Add -
    • Unfunded Mandates Act of 1994 -
    • To curb unfunded mandates and strengthen the relationship between nation and the state
  • 31. Federalism and the Commerce Clause
    • U.S. v Lopez
        • S et limits on government interference on state and local affairs under the commerce clause
  • 32. What drives devolution?
    • Beliefs of devolution’s proponents
    • Realities of deficit politics
    • Views of most citizens
  • 33. Devolution
    • Are we experiencing a devolution?

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