Abernathy 2e full chapter 3 ppt edited fall 2019
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American Government, Govt. 2305, El Paso Community College Chapter 3 PowerPoint Notes on Federalism and Policy at the National, State, and Local Levels, Professor Seymour, Fall 2019
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Abernathy 2e full chapter 3 ppt edited fall 2019
- 2. Chapter 3 Federalism: The Changing Boundaries Between the Nation and the States
- 3. Federalism & the ACA (Obama Care) • Should the federal government be able to tell the states and its citizens that Americans MUST buy health insurance or face a financial penalty? 3 https://youtu.be/aQhPt5UZnkE
- 4. Katrina – An Example of Federalism at its Worst https://youtu.be/S-pqaTO7ofw
- 5. Tensions Between National and State Power (1 of 2) • Use of medical marijuana – State laws contradict federal law o Angel Raich and Diane Monson Abernathy, American Government, 2e SAGE Publishing, 2020 5
- 6. Tensions Between National and State Power (2 of 2) • Gonzales v. Raich – Precedent in Wickard v. Filburn • Further changes in state law for marijuana • Unchanged federal law – Impossible to enforce CSA • Constitution and legal history defines boundaries between nation and states – Shifting and changing boundaries Abernathy, American Government, 2e SAGE Publishing, 2020 6
- 7. Gonzales v. Raich Medical Marijuana and Federalism 7 https://youtu.be/rlwvu2LKtXQ
- 8. Figure 3.2: The Division of Power Under Different Systems of Governance Abernathy, American Government, 2e SAGE Publishing, 2020 8
- 9. Constitutional Division of Power • Supremacy clause – Establishes the Constitution and the laws passed under its authority as the highest laws of the nation • Necessary and proper clause – Grants Congress the authority to legislate as necessary for carrying out constitutionally granted powers • Commerce clause – Grants Congress the authority to regulate business and commercial activity Abernathy, American Government, 2e SAGE Publishing, 2020 9
- 10. Constitutional Description of National and State Powers • Federalism – A structure of governance that places the people’s authority in two or more levels of government – Does not appear in the Constitution o No explicit statement on the division of power between the levels Abernathy, American Government, 2e SAGE Publishing, 2020 10
- 11. What Do the States Want? • Sovereign power: – The amount of authority and autonomy given to each unit of government • Federalism is a system that gives some sovereign power to state governments, and some sovereign power to the national government. • Because the national government and state governments may have different policy preferences, battles over the balance between federal and state power are inherent in our federalist system. 11
- 12. Federalism: Types of Powers Separate & Concurrent • Basics of federalism (distributing/sharing power) – Separate powers • State governments not responsible for national defense or foreign policy • The federal government is does not conduct elections, promote public safety, or have police powers – Concurrent powers • Both state and federal governments can collect taxes
- 13. Powers Granted Abernathy, American Government, 2e SAGE Publishing, 2020 13
- 14. Powers Denied Abernathy, American Government, 2e SAGE Publishing, 2020 14
- 16. Establishing a National Drinking Age • In 1981, 29 states and the District of Columbia allowed either 18- year-olds or 19-year-olds to drink some kinds of alcohol. – (In some states, people were allowed to drink beer with a 3.2 percent alcohol level before they could drink stronger beverages.) • In 1984, Congress decided to withhold federal highway funds from states that refused to raise the drinking age to 21. • But by 1996, all 50 states and Washington, D.C., had set the drinking age at 21. • How did a policy that originally differed by state become a single national policy? And why did the “winning” policy move in the direction that it did? The answers have to do with federalism.
- 17. Why is the Drinking Age 21? https://youtu.be/50Nr7Vw-MTE
- 18. Federalism and the Drinking Age • Before 1986, young adults who lived in states with a drinking age of 21 drove to nearby states with lower age limits, leading to what came to be known as “blood borders.” As these intoxicated teens drove home, thousands were killed in accidents. • The group Mothers Against Drunk Driving urged Congress to pass tougher drunk-driving laws, which put Republicans in a bind: while they usually supported states’ rights to make their own decisions, they also wanted to crack down on drunk driving. • In addition, the Twenty First Amendment gives the states, not the national government, authority over alcohol consumption laws. • Nonetheless, persuaded by the effective grassroots lobbying, Congress began withholding highway funds from states with lower drinking ages. Each state with a lower drinking age lost 5 percent of their federal highway funds in 1986, and 10 percent for each additional year after that.
- 19. Federalism: State and Federal Powers • Balancing state and federal powers – Congress cannot create a national drinking age – Congress can withhold federal highway funds from noncompliant states.
- 20. Federalism and the Drinking Age • Each state with a lower drinking age lost 5 percent of their federal highway funds in 1986, and 10 percent for each additional year after that. • States with lower drinking ages resisted the change and took their case to the Supreme Court. • The Supreme Court ruled that Congress didn’t have the right to create a national drinking age, but it did have the right to “encourage” states to raise their drinking age by withholding federal highway funds from noncompliant states.
- 21. Federalism and the Drinking Age • By 1996, all 50 states had 21 as their drinking age. • State differences persisted, however: the legal limit for intoxicated driving ranged from a blood alcohol content (BAC) of 0.05 to 0.10. • In 1998, after more lobbying, Congress acted again: passing a law to withhold funds from any state that didn’t set 0.08 BAC as the standard for Driving While Intoxicated. • Today, all states have the 0.08 BAC standard. • Thus, while Congress cannot pass national legislation concerning drinking, it has successfully pressured states to change their laws by withholding federal highway funding.
- 22. How Federalism Impacts American College Students • Land-Grant University System • Work-Study Subsidized Jobs • Federally Guaranteed Student Loans • Pell grant • College Loan Availability and Regulation
- 23. Regional and Local Governments • No description of powers below those of the states in the Constitution • Unitary relationship between states and sub- governments • Essentially two levels of government in American Federal System • Local governments granted power by the states • Indigenous Nations and American Federalism Abernathy, American Government, 2e SAGE Publishing, 2020 23
- 24. The Development of American Federalism (1 of 2) • Changing American federalism throughout the course of American history • U.S. Supreme Court decisions in interpreting the Constitution – Chief Justice John Marshall o McCulloch v. Maryland o Gibbons v. Ogden o Barron v. Baltimore Abernathy, American Government, 2e SAGE Publishing, 2020 24
- 25. The Development of American Federalism (2 of 2) • Growth of states’ rights during Civil War and Reconstruction • Restriction of African Americans’ rights – Slaughterhouse cases – Plessy v. Ferguson Abernathy, American Government, 2e SAGE Publishing, 2020 25
- 26. Changing Forms of Federalism (1 of 2) Abernathy, American Government, 2e SAGE Publishing, 2020 26
- 28. Changing Forms of Federalism (2 of 2) Abernathy, American Government, 2e SAGE Publishing, 2020 28
- 29. American Federalism: The New Deal & Growth of Federal Funding • Great Depression • Franklin Delano Roosevelt – Hundred Days and a stronger national government – The New Deal o Fundamentally reshaped American federalism, but not without challenges, especially by the Supreme Court o Schechter Poultry Corp. v. U.S. o Court-packing plan Abernathy, American Government, 2e SAGE Publishing, 2020 29
- 30. Achieving Policy Objectives (1 of 2) • Grants-in-aid – Federal money provided to states to implement public policy objectives • Categorical grants – Grants-in-aid provided to states with specific provisions on their use • Important source of national power Abernathy, American Government, 2e SAGE Publishing, 2020 30
- 31. Achieving Policy Objectives (2 of 2) • State dependence on national government for continued provision of those funds • Acts as both incentive and punishment • Can mean that wealthier states “subsidize” poorer ones • Can make it harder for states to plan their own budgets • Can lead to expansion in size of national and state government Abernathy, American Government, 2e SAGE Publishing, 2020 31
- 32. The Post New-Deal Era (1 of 2) • Most significant expansion of national power – President Lyndon Johnson – Great Society o Medicaid o Expanded Social Security o Medicare o New Civil Rights Legislation Abernathy, American Government, 2e SAGE Publishing, 2020 32
- 33. The Post New-Deal Era (2 of 2) • Backlash against expansion of national power – Richard Nixon o Block grant – Ronald Reagan o Devolution Abernathy, American Government, 2e SAGE Publishing, 2020 33
- 35. Federal Grants in Aid Have Risen since 1960 35
- 37. The Current Status of American Federalism (1 of 2) • Continual state acceptance of federal funds • State tools for shaping participation in cooperative federalism – Taxation – Lobbying – Implementation Abernathy, American Government, 2e SAGE Publishing, 2020 37
- 38. The Current Status of American Federalism (2 of 2) • Intergovernmental lobbying – Efforts by state and local governments to act in Washington, D.C. on behalf of their own interests • Unfunded mandates – Federal regulations that must be followed by the states but whose costs must be shouldered by the states • State sovereignty resolutions – State legislative measures that affirm the sovereignty of states under the 10th Amendment Abernathy, American Government, 2e SAGE Publishing, 2020 38
- 39. Growth in Social Welfare Funding & Reduction of “Place” Based Grants 39
- 41. Challenges to Cooperation • State pressure for waivers from certain provisions of a given law • United States v. Lopez • Printz v. United States • Passage of a state law that directly violates a federal law or policy Abernathy, American Government, 2e SAGE Publishing, 2020 41
- 42. Connecting to the Stories • What challenges to American federalism are posed by medical and recreational marijuana laws in the United States in the 21st century? • What issues remain unresolved? • How will the power of the state and national governments continue to clash with each other? • Do you see any room for compromise in the future? • What about climate policy and climate change laws at the federal and state levels? • How will these interfere with each other in the near future? Abernathy, American Government, 2e SAGE Publishing, 2020 42
Editor's Notes
- 3.1 Explain the tension in American federalism between state and federal laws highlighted by the issue of legalized marijuana. 3.2 Identify the elements of the U.S. Constitution that shape American federalism. 3.3 Describe the development of American federalism from the founding until the New Deal. 3.4 Examine the role that the New Deal played in fundamentally reshaping American federalism. 3.5 Discuss changes to American federalism in the modern era how it might continue to evolve.
- To see how federalism works in context, let’s begin by remembering the basics of federalism: In the United States, the federal and state governments each have separate powers, and they also share some powers. For example, state governments are not responsible for national defense or foreign policy, while the federal government is not responsible for determining whether you are allowed to smoke in a bar or restaurant. It is important to note that with respect to divided power, we only refer to federal and state governments. Local governments are creatures of the state government, and do not have their own powers. Recall that dividing powers between the national government and state governments was a central issue for the Constitutional Convention and even in the Civil War. But how do these issues affect you today? Ways in which federal power might affect today’s college student Land-grant university Work-study job Federally guaranteed student loan Pell grant Controversial questions about congressional power Should Congress be able to prevent employer discrimination based on age or disability? Should Congress be able to compel gun bans around public schools? Can Congress set nationwide penalties for violence against women? Underlying question Should governance in the United States be more nation-centered or state-centered?
- Before 1986, young adults who lived in states with a drinking age of 21 drove to nearby states with lower age limits, leading to what came to be known as “blood borders.” As these intoxicated teens drove home, thousands were killed in accidents. The group Mothers Against Drunk Driving urged Congress to pass tougher drunk-driving laws, which put Republicans in a bind: while they usually supported states’ rights to make their own decisions, they also wanted to crack down on drunk driving. In addition, the Twenty First Amendment gives the states, not the national government, authority over alcohol consumption laws. Nonetheless, persuaded by the effective grassroots lobbying, Congress began withholding highway funds from states with lower drinking ages. Each state with a lower drinking age lost 5 percent of their federal highway funds in 1986, and 10 percent for each additional year after that. States with lower drinking ages resisted the change and took their case to the Supreme Court. The Supreme Court ruled that Congress didn’t have the right to create a national drinking age, but it did have the right to “encourage” states to raise their drinking age by withholding federal highway funds from noncompliant states. By 1996, all 50 states had 21 as their drinking age. State differences persisted, however: the legal limit for intoxicated driving ranged from a blood alcohol content (BAC) of 0.05 to 0.10. In 1998, after more lobbying, Congress acted again: passing a law to withhold funds from any state that didn’t set 0.08 BAC as the standard for Driving While Intoxicated. Today, all states have the 0.08 BAC standard. Thus, while Congress cannot pass national legislation concerning drinking, it has successfully pressured states to change their laws by withholding federal highway funding.