The American Democratic Republic Ch 3 Federalism Introduction

The American Democratic Republic Ch. 3: Federalism

Introduction o Federalism n n Various levels of government have power and authority over the same people Clash between 18 th century republicanism and democratic aspirations n n Complex Unclear boundaries

Fiscal Federalism o Federalism – pros n States’ o o o Diversity of needs Closeness to the people Innovation and experimentation

Introduction o Federalism – cons n n Importance of national standards Low visibility Lack of popular control Spillover effects and competition

Federalism as a System of Government o Types of governments n n n o Federalism Confederation Unitary Largely an American invention

Federalism as a System of Government o Historical Origins n o A middle ground between confederation and unitary governments Federalist governments are generally seen in countries that are n n Large Have various distinctions in religion, race, ethnicity, language and economics

Federalism in the Constitution o There are n n n o o Independent state powers Independent federal powers Concurrent powers Above allow the meaning of federalism to change over time The states have a substantial role in the federal government

Evolution of American Federalism o Nationalist position v. states’ rights position n Nationalist position o Constitution formed by a compact with people to create a national union n Preamble Art I, Sec 8 Art VI

Evolution of American Federalism o Nationalist position v. states’ rights position n States rights o o o Constitution was created by a compact among states States should be coequal with national government Art IV, Section 3 Tenth Amendment Dual federalism

Evolution of American Federalism o Why the change n n n Economic crises Wars Some problems are more effectively resolved by the national government; e. g. , pollution

Evolution of American Federalism o Federalism Pre-Civil War n Alien and Sedition Acts o Thomas Jefferson and James Madison’s Virginia and Kentucky Resolutions n nullification

Evolution of American Federalism o Federalism Pre-Civil War n Enforcement of Art VI, Sec I, the supremacy clause? o Mc. Cullough v. Maryland (1819) n n Broad reading of the necessary and proper clause (also know as the elastic clause) preemption § States cannot act in certain matters when national government has done so

Evolution of American Federalism o Federalism Pre-Civil War n Marshall Court o o Strongly nationalistic Reinforced n n n U. S. as a union Capitalism Taney Court o Dred Scott v. Sanford (1857) n Strongly states’ rights oriented

Evolution of American Federalism o Civil War and Expansion of National Powers n Union was indissoluble o n Reinforced by Texas v. White (1873) Reconstruction Amendments (also known as the Civil War Amendments) o o o 13 th 14 th 15 th

Evolution of American Federalism o Late 19 th century and WW I n Tremendous expansion of federal government in o o Regulation of business activities Economic development Social issues Foreign policy

Evolution of American Federalism o New Deal and WW II n Great Depression and development of new agencies to regulate o o n Economy Business activities WW II o o Economic and military mobilization Tax policies

Evolution of American Federalism o Post-WW II n Trends that expanded the role of federal government o o The welfare state Civil rights Cold War Vietnam War

Evolution of American Federalism o Supreme Court’s role n n Post-Civil War through 19 th century, declined to expand the reach of federal government 1930’s to Rehnquist Court o Upheld virtually all national legislation even if it limited or preempted state powers

Evolution of American Federalism o Resurgence of State Power n n 1990’s Devolution o o 1980’s – 1990’s: much of federal government’s power should be that of the states Supported by presidents and Supreme Court

Evolution of American Federalism o George W. Bush’s “compassionate conservatism” n o Increased the power, scope and cost of federal government War on Terror

Evolution of American Federalism o The states push back against devolution n n Unfunded mandates Increasing o o o Budget Regulatory activities Loss of state control

Evolution of American Federalism o Changing American Federalism n Layer cake o n Dual federalism Marble cake o Cooperative federalism

Fiscal Federalism o Grants-in-aid n o Transfer of money from federal to state governments Origin and growth n Mostly grants for o o o Land Vocational education Highways

Fiscal Federalism o Origin and growth n 1950’s – 1970’s o Examples n n o Federal Highway System Great Society The national government set policy but gave grants to the states for implementation

Fiscal Federalism o Types of grants n n n Categorical Block Federal revenue sharing

Fiscal Federalism o Debates regarding money and control n n n Conditions on aid Unfunded mandates Preemption

Federalism o What sort of federalism? n n High stakes Unlikely the U. S. would embrace a confederation or unitary form of government o How much power will go to the states and federal government?

Ch. 3: Federalism The End