Notes from the Text3
Notes from the Text3 130
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This 5 page Class Notes was uploaded by Rachel Rusnak on Tuesday September 13, 2016. The Class Notes belongs to 130 at Ball State University taught by Wheeler in Summer 2015. Since its upload, it has received 9 views. For similar materials see American National Government in Political Science at Ball State University.
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Date Created: 09/13/16
Chapter 3 (p.37-60). 1 Federalism. Citizenship and the Dispersal of Powers. Pot Wars. Businesspeople see profitable new opportunities in the sale of a substance their home states consider legal. o So does an increasing number of legislatures that see potential tax revenue in the crop. New money for: schools, job initiatives,and healthcare programs. o Driven by public opinion. 60% of Americans believe the federal government should not enforce marijuana laws in states that approve it. Federalism. o Tension arises between national and state government as a result as a feature of the American political landscape. o Disperse authority among different levels of government. The Division of Power. The individuals who framed the Constitution were forced to devise their own solution: federalism. 1) Prevailing Models for Dispersing Power. a) Unitary. i) All power resides in the central government, which makes the laws. ii) Considered a threat to personal liberty. b) Confederation. i) States and localities retain sovereign power, yielding to the central government only limited authority as needed. (1) Characterized government under the Articles of Confederation. ii) Relics of the past. iii) Slows the central government’s ability to act. iv) Does characterize intergovernmental organizations that include nation- states as members. 2) The Federalist Solution. a) National government locked central taxing power. b) 4 main attributes characterizing power arrangements: i) Enumerated power. (1) Specifically granted the national government by Article I, Section 8. (2) Elastic clause. (3) Implied powers. ii) Reserved Powers. (1) Granted to the states. (2) Police powers. iii) Concurrent Powers. Chapter 3 (p.37-60). 2 (1) Shared by federal and state government. iv) Prohibited Powers. (1) Denied to either/ both levels of government. c) Additional guarantee of individual freedoms. The Evolution of Intergovernmental Relations. The balance of power among various levels of government has not remains state. o Federalism= dynamic force in our nation’s history. 1) The National Government Asserts Itself: 1789-1832. a) Congress authorizes a 20-year charter, setting in motion a schism that led to the growth of the nation’s first political parties. b) Established a Second Bank of the U.S. in 1816. i) Congressional authority to establish the bank under the “necessary and proper” clause. ii) Supremacy clause to deny states the power to tax a federal institution. iii) Taxation by the states had the potential to destroy federal institutions and undermine the supremacy of the national law. c) Alien and Sedation Laws 1789. i) Nullification- states had the authority to declare national acts unenforceable within their borders. 2) Dual Federalism, Disunion, and Way: 1832-65. a) Dual federalism- holds the power of the state and their national government are distinct and autonomous in their own domains. b) Enforcing a tariff on imported goods that protected norther manufacturers. c) Lincoln’s presidential victory brought the legal stalemate over slavery to an end. i) Congress passed 3 new Amendments as part of its reconstruction program. (1) 13 Amendment- ended slavery. (2) 14 Amendment- basic rights for slaves. th (3) 15 Amendment- black males to vote. 3) Federalism in the Age of Commerce: 1865-1932. a) Supreme Court refused to allow the federal government to intervene in the rights of the states to issue licenses and to regulate commerce within their borders and rejected limits on businesses to contract for the services of employees. i) 1890 Sherman Antitrust Act- limit monopolization of the market. b) Progressives fought unfavorable court rulings by increasing pressure on local lawmakers. i) Mother Jones. ii) Constitutional Amendments permitting the federal government to : (1) Tax personal income (16 ).h (2) Direct election of senators (17 ). th (3) The expansion of voting for women (19 ). iii) Increased federal power. (1) Pure Food and Drug Act 1906. (2) Federal trade Commission and the Clayton Antitrust Act of 1914. 4) The New Deal and the Growth of National Power: 1932-37. Chapter 3 (p.37-60). 3 a) Economic development triggered the most dynamic increase in federal authority. i) Created programs for: (1) Health. (2) Welfare. (3) Labor relations. (4) Agriculture. (5) Social and employment security. (6) Federal work projects. (7) Rural electrification. (8) Regulation of the banking and securities industries. b) “Switch in time that saved nine”- Owen Roberts. i) Prevented a confrontation over possible expansion of the court beyond 9 members. 5) Cooperative Federalism: 1937- 60’s. a) Emphasized federal-state partnership as the primary means for solving public policy problems. b) Eased power struggles between federal and state government, and allowing the different units of government to reach mutual accommodations. i) Marble cake federalism. 6) Creative Federalism: 1960’s-70’s. a) Brown v. Board of Education 1954. i) Court made it clear that states must conform to national standards regarding citizen’s rights. ii) “Due process” and “Equal protection” clauses. b) Sought to eradicate racial and economic justice by targeting money directly at citizen groups and local governments. c) Revenue sharing- funneled money directly to states and local governments on the basis of formulas that combined population figures with levels of demonstrated need. 7) New Federalism and the Devolution of Power: 1980- present. a) Devolution- returned power to the states and localities. i) Cutting federal programs and reducing federal regulations that had made compliance with federal programs so burdensome to state officials. ii) Reduce federal expenditures and ended revenue sharing. b) All 3 branches of government seemed willing to cede power on the states. i) The national government’s financial resources allowed it to retain a strong hand in steering the future courses of federalism by providing states with financial incentives to adopt uniform policies. c) The future of federalism is likely to be clouded by financial uncertainty. i) Federal-state relations will continue to evolve as both levels of government tussle over funding and their respective responsibilities in a challenging economic environment. Federal-State Relations. 1) Fiscal Relations. a) The federal government collects more tax revenue than do the states, and spend almost x2 as state and local governments combines. i) Nearly 3/5 of all tax revenue. Chapter 3 (p.37-60). 4 ii) Much of the money is spent by local governments comes from state grants. (1) Grants-in-aid. iii) Employs a variety of grant programs to states and localities to carry out congressionally approved initiatives. (1) Categorical. (a) Reserved for special purposes. (b) Require the receiving government to provide matching funds. (c) Made available to all eligible jurisdictions on the basis of a formula. (i) Medicaid. (2) Block. (a) Combine funding purposes of several categorical grants into one broader category, allowing greater flexibility in how the money is spent. (b) Recipient government to decide how to spend its resources ad relieve it of the need to apply for grants from several different agencies. (c) Place a cap on federal funds. 2) Political Relations. a) Policymakers at each level face a different constellation of legal, social and political pressures that can affect their fortunes at the polls. i) Federal mandates- federally imposed requirements on state and local governments ranging from election reform to water treatment. ii) Unified mandates- requirements that congress passes without providing funds to carry them out. iii) Intergovernmental lobbies- advance the interest of various state and local governing bodies. b) Some types of policies are more likely to be promoted and more likely to be successful if they are undertaken by one level of government rather than the other. 3) Constitutional Issues. a) Same-sex marriage, immigration, and health-care reform. i) Changes in public opinion regarding gay unions and ongoing litigation will continue to inform federal-state and interstate relations in the coming years. ii) Litigation is likely to continue, over how the law is applied and whether enforcement discriminations against particular ethnic groups. iii) The denial of funds would constitute undue pressuring of the states to accept policy changes with which they disagree/ find it impossible to comply. b) Some states have promised/ passed regulations of state sovereignty based th on the claim that the 10 Amendment gives them the authority to nullify federal laws with which their legislatures disagree. i) Lack the force of law. Interstate Relations. 1) Cooperation and Competition. a) Full Faith and Credit Clause. Chapter 3 (p.37-60). 5 i) Directs states to recognize legal judgements in lawsuits that are valid in another state. ii) States with legal disputes may take their cases directly to the Supreme Court. b) Privileges and Immunities. i) States may not discriminate against non-residents when it comes to fundamental rights. ii) Can treat non-residents differently. c) Interstate compact. i) Given explicit approval “with the consent of Congress” in the constitution. 2) Innovation in the States. a) Welfare reform initiatives of the 1990’s served as a model for national legislation in 1996. i) Health care for low-income populations improved. b) Stronger competition between parties seem to have increased state innovation after 1930. i) Competition makes the political parties less complacent and more likely to innovate in order to bring new voters to their cause. c) Policy-diffusion. i) Word of successful pioneering programs percolates from the innovating state and receives national recognition by state and federal leaders who consider ways of extending/ enhancing those innovations. ii) Place their stamp on the innovation and then use their leverage to mobilize constituencies in other states to adopt those changes. Federalism and Civic Engagement Today. Federalism diffuses power across many competing power centers, it multiplies the number of opportunities for citizen political participation. o Policies afford citizens the opportunity for intensive, direct participation in policymaking and implementations and serve as training grounds for those who wish to take the national political stage. Local populations are more homogenous and share some of the same regional values and traditions. o More easily accommodated at the national level. Civil rights movement demonstrated the strength numerical minorities can amass at the national level. o Flexible enough to accommodate both perspective: federalist and antifederalist. Both viewpoints often have been useful in charting our nation’s course.
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