Federalism Unit #1 Chapter 3 (p.p. 66-94)LEQ: Was the growth of the national government at the expense of the states?
Deﬁning Federalism• Federalism (68)• Unitary Government (68)• States receive power from Constitution, not national government• Confederation
Why is Federalism so important?• Decentralizes our politics, i.e. electoral systems (states), layers of government, powerful judicial branch• States are (still powerful) responsible for most public policy, Constitution does not give national government power to deal with most social, family and moral issues
The Basics• Why did Federalism work for early Americans? • central government would not work alone • great distances between states and primitive transportation and communication devices in place
The Division of Power• Table 3.2 (72)• According to Constitution, how are states still a vital aspect of government?• In a dispute between state and national government, who prevails?• Tenth Amendment (73)• 1985 Garcia v San Antonio Metro
Why has the Federal Government gained power relative to the states? (1/4)• Elaboration of Implied Powers• McCulloch v Maryland (74) • as long as national government follows constitution, national policies take precedence over state policies• Implied powers (74) go beyond enumerated powers (74) • “make all laws necessary and proper for carrying into execution...”• Necessary and proper clause/elastic clause (75) • as long as Congress uses national power for economic development through subsidies for business interests
Why has the Federal Government gained power relative to the states? (2/4)• Commerce Clause• Gibbons v Ogden (75) • Supreme Court broadly interpreted Article I section VIII, giving Congress power to regulate interstate • One of national government strongest sources of power• Supreme Court wants to limit (Congress’) commerce power: • US v Lopez- guns in a school zone, State v Morrison- ’94 Violence Against Women Act, Printz v US & Mack v US- Brady Handgun Prevention Act
Why has the Federal Government gained power relative to the states? (3/4) Civil War
Why has the Federal Government gained power relative to the states? (4/4)• Racial Equality• Brown v Board of Ed
Why has the Federal Government gainedpower relative to the states?National government is strong within its sphere, but thesphere for the sates remains a large and important one.
Intergovernmental Relations• Duel Federalism (78)• Cooperative Federalism (78) • e.g. National Defense Education Act, federal aid to highways/schools• Table 3.3• What are the procedures of cooperative federalism? • Trend: Reagan & ’90’s Republican Congress push closer to duel federalism, e.g. deﬁcit reduction, states more say in social/ environmental welfare
Intergovernmental Relations (cont’d)• Fiscal Federalism (82)• How does the national government inﬂuence states and localities?
Grant System• Catalogue of Federal Domestic Assistance (83)• Categorical Grants (83) • direct orders are rare, exception discrimination/Equal Opportunity Act • Federal regulation accomplished indirectly, give states conditions • Project Grant (84) • Formula Grant (84) • Block Grant (84)
Mandates• Mandates (85)• Problems? e.g. ’90 Americans with Disabilities Act or ’70 Clean Air Act• How did Congress ﬁx this problem?
Federalism and Democracy• Advantages for democracy in the federalism system:• policy making at state/local level• increases access to government: more opportunities to vote/run• diversity of opinion respected• one party doesn’t dominate everything
Federalism and Democracy (cont’d)• Disadvantages for democracy• Quality of education differs• It may not pay to have a good welfare system• Sheer number of governments makes it hard to manage• local interests are able to thwart national majority
Federalism & Scope of Government• Our founders: government got involved in industrializing the country• Protection against monopolies• Urbanization: union, minimum wage, education, housing, welfare all turn to national government• Why do people turn to national government instead of the state for curtain problems?
LEQ: Was the growth of thenational government at the expense of the states?