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IU / Political Science / POLS 103 / Which agencies support federalism?

Which agencies support federalism?

Which agencies support federalism?

Description

School: Indiana University
Department: Political Science
Course: Intro to American Politics
Professor: Barbour d
Term: Fall 2015
Tags: Politics, American Government, and Government
Cost: 25
Name: Chapter 3 Notes
Description: Here are notes covering the book's material of Chapter 3
Uploaded: 01/30/2017
7 Pages 92 Views 6 Unlocks
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Chapter 3 Notes


What is federalism?



POLY-S 103

Yellow= Vocab term

Pink= Important term

Bold= Important point

What is Federalism?

- Federalism: a form of government that divides sovereign power across  at least 2 political units (local, state, national)

- Sovereign power: the supreme power of an independent state to  regulate its internal affairs without foreign interference

- National Government Powers:

o Print money

o National defense

o Foreign policy

o Establish post offices

o Regulate interstate commerce

- State Government Powers:

o Issue licenses


What is fiscal federalism?



o Regulate intrastate commerce

o Conduct elections

o Ratify amendments to the Constitution

o Police powers: power to enforce laws for public safety Don't forget about the age old question of What is population parameter?

- Concurrent powers: responsibilities shared by all three levels of  government

o Collect taxes

o Build roads

o Establish courts

o Make & enforce laws

- Local governments are not autonomous units, they are creatures  of the state government; They help provide education, police/fire  departments, and land use policies

- Comparing to other governments

o Unitary government: most common form of government where  the national gov holds most of the power


What is dual federalism?



 Ex: Britain’s Parliament If you want to learn more check out What are the 3 classes of animal domestication that made my archaeozoologist?

o Confederal government: states have the most power over a  limited national gov

 Ex: American government under the Articles of  

Confederation

o Intergovernmental organizations: organizations that coordinate  policy across member nations

 Ex: United Nations, NATO, EU

Balancing National & State Power

- A strong national government through the Constitution

o Congress granted the power of national defense via raising  armies & with the executive as Commander-in-Chief

o Interstate commerce: controls treaties, stabilizes economic  efficiency & regulates trade between states

o Necessary & Proper Clause & the Supremacy Clause (epitome of centralized power in Constitution)

- State Powers & Limits on National Government through the  Constitution

o Article II allows states to choose electors for the electoral  college We also discuss several other topics like What are the core financial statements?

o Article V grants central role in amendment process

o Congress cannot favor one state over another in terms of  taxing/commerce

o 10th amendment granted states the right to powers not  explicitly given to Congress

o 11th amendment banned the suing of state governments from  citizens of another state

- Clauses that satisfy both

o Article IV of the Constitution

 Full Faith & Credit Clause: states must respect one  

another’s laws when visiting another state (gay married  If you want to learn more check out What does a land acquisition specialist do?

couple in one state recognized in the others)

 Privileges & Immunities Clause: states must treat non-state residents within their border w/ congruent respect &  

treatment (promotes free travel & economic activity)

Evolving Concept of Federalism

- National supremacy

o McCulloch v Maryland: the landmark case that ruled a national  government had the power to create banks (implied by  

enumerated powers)

o Gibbons v Ogden: Congress has broad power to regulate  interstate commerce

- Emergence of state rights

o States’ rights: idea that states are entitled to a certain amount of un-interfered self-government

o John Calhoun pushed for the states’ right to nullify laws they  deemed unconstitutional

o States’ rights ultimately led to the Secession & issues over  slavery If you want to learn more check out Give examples of physical properties/changes.

- Dual Federalism

o Marshall vs. Taney Court

 Marshall Court: federalist who opposed state rights &  sought to secure a strong national government If you want to learn more check out What are the characteristics of living organisms?

 Taney Court: supporter of state rights & limited the reach  of federal government through dual federalism

o Dual Federalism: form of federalism favored by Taney, in which  national & state governments are seen as district entities  providing separate services

o Barron v Baltimore: notion of “dual citizenship” that the federal  Bill of Rights did not apply at a state or local level

o Civil War

 Dred Scott v Sanford: court ruling that slaves are property  & that the Missouri Compromise, which stated that slaves  were free in every state, was not constitutional because it  deprived citizens of “private property”

 The Civil War ended the dispute over slavery & added the  13th, 14th, and 15th Amendments

 14th Amendment was the most important for  

federalism because it contained the Incorporation  Doctrine, which applied the Bill of Rights to the  

states

o Supreme Court & Limiting National Government

 In 1883, Court overturned the 1875 Civil Rights Act, which  guaranteed equality in public accommodations due to the  issue of Congress regulating private conduct

 National government was powerless in preventing the  South from passing Jim Crow laws (segregation laws)  Supreme Court limited economic regulation powers by  adopting a laissez-faire capitalism, stating Congress  could not regulate intrastate commerce; this led big  businesses to trump both nat. & state govs

- Cooperative Federalism

o Adopted after the 17th Amendment (direct election of state  senators)

o National Labor Relations Board v Jones & Laughlin Steel  Corporation: SC discarded the distinctions between inter/intra state commerce & gave Congress more power in shaping  economic & social policy

o Shifting national-state relations

 Cooperative Federalism (“marble cake” federalism):  national & state governments work together to provide  

services

 State/Local governments: implementers; National:  initiators of policies

o Picket-fence federalism: refined & realistic form of cooperative  federalism in which policy makers work together across the  levels of government

 Activity within cooperative federalism occurs within pickets of the fences

 Puts together groups of policy amongst all levels of  

government, as opposed to grouping by level of  

government

Federalism Today

- Cooperative Federalism Lives on: Fiscal Federalism

o Fiscal federalism: federal funds allocated to lower levels of  government through transfer payments/grants

 Aid to the states via national government

∙ Categorical grant: federal aid provided for a specific  

purpose

∙ Block grant: federal aid to be spent on a certain  

policy area, but state can decide how to spend it

∙ Since the 1970s, grants have stayed proportional to  

the size of the national government, but state/local  

gov spending has gone up

o New Federalism

 Richard Nixon & Ronald Reagan supported New  

Federalism, giving states more control over programs

 Reagan: the plan to do so involved Reagan consolidating  77 categorical grants into 9 general block grants to give  

local politicians more autonomy because they are closer to  the people

 This policy came with a 25% cut in federal money given to  the states

 Clinton’s next phase of federalism

∙ All Republican Congress with a moderate democrat in

office; Congress wanted to give states power

∙ He created legislation such as the Unfunded  

Mandate Report Act of 1990 to prevent Congress  

from doing so

o Unfunded Mandate: fed law that requires states

to do certain things but doesn’t supply the  

money to do so

∙ Congress prefers categorical grants because  

they get more control

- Rise of Coercive Federalism

o Three important characteristics have reinforced the role of  national gov

1. Reliance during crisis & war

2. “Rights Revolution” & Great Society Programs

3. Coercive Federlism

1. Crisis & war

a. Following terrorist attacks during 9/11 Americans relied  on the national gov for security & retaliation. Policy

crises (Great Depression, World War, banking crises)  

also led to reliance

2. Rights Revolution & Great Society programs

a. “Rights Revolution” (created by the SC) followed the  landmark court cases which led to desegregation, a ban  on gerrymandering, and an emphasis on ind. Rights

b. Great Society Programs were legislation that tackled  social issues (education, gay marriage, etc.)

c. National gov increased categorical grants in exchange  for the states accepting these national policies

3. Coercive Federalism

a. Coercive Federalism: Fed gov pressures states to  

change policies by using regulations, mandates, and  

conditions, like threatening to take away funding

b. Federal preemption: Impositions of national priorities on  the states through national legislation based on the  

Supremacy Clause

i. Ex: unfunded mandates

c. Obama’s use of executive orders side-stepped the Republican Congress he had against him to  

pursue health care reform, which was national  

legislation pushed onto the states; however, the  

SC ruled that the states could not be coerced into expanding Medicaid coverage

- States Fight Back

o Americans trust state/local gov more & believe taxes are  spent more efficiently

o States sought to take on environmental policies against lenient  national control & a variety of other issues as well (gay marriage, health care reform, etc.)

o Competitive Federalism

 States’ advantage over national government is the  

numbers in localities

 Competitive Federalism: competition among states to  attract businesses & jobs through their policies they adopt  (people “vote with their feet”/move to another state)

 Negatives: states may focus on attracting businesses and  dismiss possibly desirable regulations

- Modern Supreme Court role helping States

o Tenth Amendment

 Ensures all powers not delegated to Congress are reserved  by the states

 40 years ago, it was believed to be useless

 Courts ruled that Congress could only provide an  

unambiguous statement of its intent to trump state  

authority

o Fourteenth Amendment

 Intended to give national gov power over southern states  during Civil War, however, it’s been narrowly interpreted  

since to limit Congress

 In 1997, SC struck down RFRA as an attempt to curtail  

state-sponsored harassment

 Remedial Legislation: national laws that address  

discriminatory state laws

 States’ sovereign immunity: expanded reach of the 11th Amendment; immunity that protects state govs from being  sued by private parties in fed court without states  

consenting to the lawsuit

o The Commerce Clause

 United States v Lopez: after Congress passed the Gun Free School Zones Act (a federal offense to have a gun  

1,000 feet from schools) thinking it was allowed by the  

Commerce Clause, a man caught with a gun on school  

property was charged under federal law. Lopez won the  

case after attorneys argued that the Act in itself was  

unconstitutional

 Violence Against Women Act partly struck down  

because it was not applicable to the Commerce Clause  

either.

- National Government still has the Upper-hand

1. Congress can pass new laws to clarify its legislative  intent

2. Can use financial power to impose its will on states

Assessing Federalism

- Ideological Complexities

o Liberals

 Favor strong national power to fight discrimination

 Push for progressive national policies

o Conservatives

 Favor limited national government

 Push for states to decide use of social welfare & regulations - Advantages of strong State Power

1. States can be laboratories of democracy

2. They are closer to the people

3. States provide more access to political systems

4. States provide an important check on national power 1. Laboratories of Democracy

a. Source of political diversity & innovation

b. Successful policies first adopted at state level are more likely to  be put through at national level

i. Ex: Welfare reform

2. Closer to the people

a. Encourages participation in political processes

b. Local politicians now more about what their constituents want c. “Statehouse democracy” at work, liberal states enact liberal  policies, conservative states enact conservative ones

3. More Access

a. Local governments can recognize a problem quicker and address  faster

b. Citizens can pursue complaints that can be relayed through  local/state govs to the national level

4. Check on National Tyranny

a. Competitive federalism: Citizens “vote with their feet” or can  move to another state when not satisfied with one’s own - Disadvantages of too much State Power

o Unequal distribution of resources

o Unequal distribution of right protections

o A “race to the bottom”: in an attempt to attract  businesses, a state may not appeal to one’s own people

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