CHAPTER 2 CONSTITUTIONAL REFORM Most critics of the

CHAPTER 2: CONSTITUTIONAL REFORM Most critics of the U. S. government today fall into one of two categories: those who feel the federal government is too powerful, and those who feel it is too weak. n Too powerful – critics argue that the government assumes too much influence, has grown too large, taxes too much, and utilizes money to coerce state and local government into complying with its mandates. n Too weak – separation of powers is the primary hindrance to a prompt, decisive, and comprehensive action by government.

CHAPTER 3: FEDERALISM WHO GOVERNS? n n Where is sovereignty located in the American political system? How is power divided between national government and the states under the Constitution? To What Ends? n n What competing values are at stake in federalism? Who should decide which matters ought to be governed mainly or solely by national laws?

CHAPTER 3: FEDERALISM Federalism – political system where the national government shares power with regional (state/local) government. Pros Cons innovation in policy (laboratory) complex structure multiple points of access for citizens uneven distribution of resources encourages pluralism unequal impact on citizens via law legitimizes government lack of accountability (overlap)

CHAPTER 3: FEDERALISM Elastic Clause – Article 1, Section 8: To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. n The Founders knew that they could not make an exact and exhaustive list of everything the federal government was empowered to do. They knew circumstances would change and exigencies would arise.

FEDERAL-STATE RELATIONS The federal constitution is based upon republican, not a democratic, principles: laws are made by representatives of citizens, not by citizens directly. State constitutions however provide direct democracy options that the federal government does not: 1. Initiatives – permits voters to put legislative measures directly on the ballot. 2. Referendums – enables voters to reject a measure passed by the legislature. 3. Recalls – voters can remove an elected official from office.

FEDERAL-STATE RELATIONS Terminology Nullification – doctrine that a State cannot declare null and void a federal law. (Early republic issue with slavery) Dual Federalism – National and State governments are sovereign in their respective spheres. (Marijuana, ability to tax). Police Power – State power to enact laws advancing health, safety, and morals.

CHAPTER 3: FEDERALISM Primary mechanisms of federal control over the States: 1. Conditions of Aid are requirements States must meet in order to receive federal funds, or grants-in-aid. (Drinking age, No Child Left Behind) 2. Mandates are standards set by the federal government that States must comply with, regardless of funding by the national government. (Civil rights, Environmental Protection, Desegregation) These mechanisms can be the result of legislative, judicial, or executive action.

CHAPTER 3: FEDERALISM Grants-in-Aid – Federal funds provided to state and local government. Typically are for airports, highways, education, and major welfare services (Medicaid, food assistance, etc). Types: 1. Block Grants – Federal funds given to state and local government with minimal restrictions. Types include operational, capital, and entitlement grants. 2. Categorical Grants – Federal funds for specific purposes (college dorm, welfare payments). State and local government typically is required to match funds received.

CHAPTER 3: FEDERALISM Why have federal grants been so popular with state and local government? 1. It’s money. State and local government consistently lack the resources that the federal government possesses. 2. Federal income tax. Beginning in the 1920’s, this new tax was a great tool for public finance. 3. Fiscal and Monetary Policy. Unlike state and local government, the federal government can print money and manage the overall currency. 4. POLITICS. State and local government benefit from taxes without taking the responsibility for collecting those taxes.

CHAPTER 3: FEDERALISM Devolution – return to state/local control many initiatives that are currently under federal control. n What’s driving devolution? 1. Belief that closer to home creates better policies and responses to local needs. 2. Deficit politics. The federal government is under tremendous strain to cut spending so as to pay down the debt. 3. Public opinion generally supports devolution.