Federalism Dual Federalism There are clear delineations between

Federalism

Dual Federalism • There are clear delineations between Federal/State Govt responsibilities/powers • Each is sovereign w/in its respective sphere • States’ Rights- Any rights not expressly given to the Fed. Gv’t are reserved to the states. (which amendment? ) • Federal power is narrowly interpreted

• This is contrast to those who ague that the _____ gives Congress Implied Powers • Dual Federalism works on the Layer Cake Model

Cooperative Federalism • Since we are citizens of both the US and NY, there is plenty of overlap between the governments of each • Marble Cake Metaphor • Article IV (Supremacy Clause) is often invoked

Evolving Crises • Great Depression- exploded the size and scope of government. Can we ever go back? • Social Security? Federal $ for econ grants • Sept 11 - Patriot Act. Expanded gov’t surveillance and national security apparatus • Voting Rights Act of 1965 - Southern states were unwilling to enforce.

Judicial Interpretation • Mc. Culloch v. Maryland national supremacy • Gibbons v. Ogden- commerce clause • Dred Scott- Taney took a more states’ rights view of things • Great Depression- SC upholds government oversight of economy

• US v. Lopez- (1995) Congress cannot ban gun possession in or near a school as this is an overreaching of the commerce clause. • Printz v. US (1997)- Congress could not require law enforcement to implement a regulatory scheme imposed the national gov’t. • Obamacare anyone?

How can the Federal Government persuade states to undertake necessary projects? • A) The Carrot

Grants-in-aid • $ given by federal gov’t to state/local gov’t for a specific purpose. Often in the form of “matching grants” Often a form of redistribution of $ • Categorical grants- target very specific puposes and carry little discretion • 2 types- A) Formula Grants- rules define who is eligible and how much they get. (some of the Stimulus Money) B) Project Grants- competitive application process (Race to the Top) Health issues, environment, education, employment

Block Grants • $ given for no specific purpose and recipients have broad latitude in how to use the money • Nixon and Reagan were big fans of this.

Block Grant Examples • A) Substance Abuse Treatment Capacity Programs and Activities • The Department of Health and Human Services issues this block grant to help prevent and treat substance abuse. It awards funding to states to set up programs and activities to address substance abuse issues. Treatment options then become available to those people with drug or alcohol addiction that otherwise could not afford treatment options. The amount of funding awarded to each state is based on that particular state's population. • B) Community Development Block Grant • This grant began in 1974 and is still in existence today. It is one of the longest running grant programs in the US. The Department of Housing and Urban Development better known as HUD administers this grant. It awards money for community development projects. Areas addressed are housing and antipoverty among others. Grant restrictions are determined at the state level who also determines eligibility and any grant restrictions. • C) Energy Efficiency and Conservation Block Grant • This block grant program is administered by the Office of Weatherization and Intergovernmental Programs which is part of the US Department of Energy. This grant provides funding to local and state governments as well as Indian tribes. Its goal is develop and begin projects that improve energy efficiency and reduce the use of energy and fossil fuels.

• D) Social Services Block Grant • This grant awards funding for social services programs. The programs include areas such as childcare, adult daycare, transportation and substance abuse. It also addresses issues such as mental health and independent living as well as employment assistance. There also programs that exist to prevent child abuse. Services, training and administration are all covered under this block grant. • E) Temporary Assistance to Needy Families • This block grant known as TANF provides assistance to families in need. The goal of this grant program is to provide pregnancy prevention and programs to encourage a two parent household. It also tries to keep children at home with their custodial parents.

• F) Indian Housing Block Grant- Indian Housing • Block Grant helps low-income American Indians and Alaska Natives find housing. The grant makes housing an option to those tribes who would otherwise not be able to afford this option. G) Mental Health Block Grant- This grant has a goal of improving the country's mental health services. The federal government gives states funding to provide assistance to those needing mental health services.