Chapter 3 Notes
Chapter 3 Notes POLS 1101
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This 10 page Class Notes was uploaded by Kyla Brinkley on Friday September 11, 2015. The Class Notes belongs to POLS 1101 at University of Georgia taught by Ryan Bakker in Summer 2015. Since its upload, it has received 63 views. For similar materials see American Government in Political Science at University of Georgia.
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Date Created: 09/11/15
Kyla Brinkley POLS 1101 Notes Fall 2015 Bakker Chapter 3 Federalism a Consistent backers of states rights have a philosophical commitment to the decentralization of authority believing that it leads to greater governmental innovation and to a set of state politics that better represent the desires of each state s residents than a single national policy b States being free to do what they want makes it hard to govern a nation where problems can spill over state lines c AmericanStyle Federalism vi Federalism is a hybrid agreement that mixes elements of a confederation in which lowerlevel governments possess primary authority and unitary government in which the national government monopolizes constitutional authority Before the US adopted a federal system with the Constitution we had a unitary government and then a confederation Unitary governments are way more common than federations and confederations combined in the world in general Under unitary governments lower level governmental entities are dependent on and created by the national government for authority and resources In federal system 1same pe0ple and territory are included in both levels of government 2nations constitution protects units at each level of government from encroachment by the other units 3each unit is in a position to exert some leverage over others 4local governments are established by the states and are not mentioned anywhere in the Constitution 5state officials often exercise power to intervene in local affairs Evolving Definitions of Federalism 1dual federalism leaves states and national government to preside over mutually exclusive spheres of sovereignty a federalist 45 b James Madison c The Powers delegated by the proposed Constitution to the Federal Government are few and defined Those which are to remain to the State Governments are numerous and indefinite 2shared cooperated federalism recognizes that the national and state governments jointly supply services to the citizenry a each level of gov has exclusive authority over some policy realms b but state and federal powers intersect over many of the important functions 3nationalization shifted the indefinite authority that Madison assigned to state governments to the national side a today national gov is involved in almost all policies that concern the lives of the citizenry b New Deal1930s c Great Society 1960s d No Child Left Behind Bush e Federal power 4Reagan and Nixon administrations pushed for New Federalism by giving states more control over implementation of some federal programs and grants a Clinton 1990s Devolution Revolution 5US has moved from dual to shared federalism where federal officials decide how authority over intersecting state amp federal policy areas should be divided 6federal officials have many incentives to increase federal power a presidents rewarded when they bring state policies into line b congress claims political credit when they work thru federal gov to help their districts using national taxes d Federalism and the Constitution i Transformation of the Senate 1in 1800s equal representation of states regardless of population combined with selection of senators by state legislatures gave the Senate the motive and the means to defend state prerogatives against national encroachment 27th amendment 1913 mandated direct popular election of senators 3rumors that senators bribed legislators to buy seats a b c ii Constitutio public consensus formed against indirect election of senators over 3A of state legislatures surrendered control and turned Senate selection over to popular election removed senators ties to state legislatures nal Provisions Governing Federalism 1the constitution gives the national gov at least as much responsibility for overseeing the integrity of the states as it does the states for overseeing the integ rity of the national government 2article IV of constitution obliges federal gov to ensure all states follow republican principles 3 23 of the states may petition congress to convene a special constitutional convention to propose amendments 4The Supremacy Clause a Article VI b This Constitution and the Laws of the United States which shall be made in Pursuance thereof in keeping with the principles of the Constitutionshall be the supreme Law of the Land c National gov has supremacy but only insofar as its policies conform to a Constitution that prohibits certain federal activities d Restricted national authority e Frame to avoid impasses over jurisdiction not cede authority to national gov 5The Powers of Congress a Enumerated powers specific authority that would enable the government to address problems the states hadn t grappled with effectively under the A of C b Elastic clause allows Congress to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers i Article Section 8 6The 10th amendment offers the most explicit endorsement of federalism to be found in the Constitution a The powers not delegated to the United States by the Constitution nor prohibited by it to the States are reserved to the States respectively or to the pe0ple b Failed to fend off federal authority iii Interpreting the Constitution s Provisions 1 The framers envisioned a Supreme Court that would referee jurisdictional disputes among the states and between states and the national gov 2McCulloch v Maryland 1819 brought together the supremacy and elastic clauses and moved them to the forefront of constitutional interpretation a Chief justice John Marshall said since the national bank assisted Congress in performing many of its responsibilities elastic clause gave national gov the implicit authority to create the bank 3supremacy clause exempts federal gov from state taxes 4Gibbons v Ogden sanctioned federal authority to preempt the states in virtually all policies involving interstate commerce 5prior to Civil War Bill of Rights only applied to federal not state govs a 14th amendment allowed courts to use due process clause as basis for striking down state laws that violated explicit amp implicit federal rights e The Paths to Nationalization VI vii viii Nationalization of public policy altered America s federal state relations Propelled by a rationalelogic that grew out of the requirements for collective action States have solicited federal intervention when they couldn t solve their problems by working together individually Constitution prohibits formal interstate agreements without national gov s consent Voluntary cooperation holds potential for reneging National majorities have increasingly insisted on federal involvement in state and local matters Historic Transfers of Policy to Washington 1 FDR New Deal during Great Depression 19291940 a established economic management as one of national gov s 1St responsibilities b federal policy regulating and financing state ac on c supreme court relented by extending its interpretation of the commerce clause to include intrastate commerce that indirectly affected commerce across state lines 2 Lyndon B Johnson 1960s War on Poverty part of Great Society a Congress passed over 100 programs that would be carried out by states but funded and controlled through federal grants b Largest Medicaid health insurance to low income families senior citizens in nursing homes and disabled c Expanded fed gov s power 3No Child Left Behind Nationalization the Solution to States Collective Dilemmas 1Coordination problems a Even when need for coordination is evident no guarantee that states will agree to shift the responsibility to Washington b State politicians worry that surrendering authority for one accepted purpose might lead the fed gov to undertake less desirable policies 2Reneging and Shirking a In nation s early years states failed to honor commitments b Coordinated national policies are necessary to solve collective action problems but they can sometimes emerge through state pressure c Ex climate changepollution i Though the first states to act worried about paying full costs of environmental protection while other states shirked the creation of a national policy to address the negative externality of greenhouse gas admissions solved collective action problem d Externality an effect felt by more people than just the one who chose to cause it 3Cutthroat Competition a Under A of C each state conducted own international trade policy i Foreign govs exploited competition among states ii Prisoners dilemma iii Stated underbid each other cutthroat competition 1 ex environmental regulation b race to the bottom cutting back on things like the size of the monthly check a state pays to welfare recipients so it won t become a welfare magnet that attracts lowincome residents ix The Political Logic of Nationalization 1promoters of a policy will try to shift it from the states to the national gov because they either expect more sympathetic treatment in Washington or find it easier than lobbying 50 state govs 2state issues shifted to Washington a national campaigns for legislation banning automatic weaponshandguns b regulating hazardous waste disposal c mandating special ed programs in schools d MADD i Caused Congress to tell states to raise drinking age to 21 by 1986 or they would lose 5 of federal highway funds 1 1987 10 3national arena may be only place where policies can hope to prevail when opposed in the community where it needs to be enforced a ex civil rights in South 1960s 4 conflicts arising over the environment frequently pit local resource users like ranchers and developers who bear the costs of environmental protection against nationally organized environmental constituencies that do not 5from Federalist10 states and the national gov combine the citizenry s preferences into different groupings with the result that the two levels of gov may adopt different even opposite policies to address the same problem 6national majorities will at times impose costs on local constituencies f Modern Federalism i The National Government s Advantage in the Courts 1today s constitutional litigation over federalism usually concerns direct efforts by fed gov to regulate the activities of state and local employees Preemption Legislation federal laws that assert the national government s prerogative to control public policy in a particular field National gov has developed 2 ways the carrot and the stick to induce cooperation from the constitutionally independent states 1carrot financial inducements usually in form of grants to states a grantsinaid important feature of intergovernmental relations Give national gov opportunities to define these state programs with great specificity b impacts how much control federal gov exercises over the scope of state programs c block grant federal gov gives each state or local gov exact amount of money to spend for some purpose i state pays cost for expansion ii if state doesn t use all the money fed gov keeps it iii lets gov set state spending levels d matching grant fed gov promises to provide matching funds for every dollar that a state spends in some area i between 1 4 ii lead to major program expansions iii creates a moral hazard situation where pe0ple or groups behave differently often taking more risks when they don t have to pay all the costs of their actions 1 take advantage of blank checks to spend more federal money iv allow fed gov to equalize living conditions across states with unequal economies v because matching rates incentivize higher state spending and redistribute money across the nation they have become an issue of partisan contention 2stick regulation and mandates a not only are states required to administer policies they might object to but adding insult to injury the federal gov may not even compensate the states for the costs of administration i ex Education for All Handicapped Children Act 1975 1 requires states and school districts to offer prescribed amp usually costly levels of special ed for children with disabilities without providing more than a fraction of the funds needed to finance these mandated programs 2 many school districts find themselves low on resources for this crosscutting requirements statutes that apply certain rulesguidelines to a broad array of federally subsidized state programs i since 1960s used to enforce civil rights laws crossover sanctions stipulations that a state to remain eligible for full federal funding for one program must adhere to the guidelines of an unrelated program i ex MADD and drinking age Direct orders requirements that can be enforced by legal amp civil penalties i Ex clean water act bans dumping of sewage ii San Francisco got in trouble with federal courtfinancial penalties Partial preemption certain federal laws allow the states to administer joint federalstate programs as long as they conform to federal guidelines i if state agency doesn t follow rules of federal agencies might totally lose control of program ii ex state air pollution policies 1990s Unfunded Mandates Reform Act required that new federal laws pay for the programs and regulations they imposed on the states iv Evolving Federalism A Byproduct of National Policy 1federa gov assuming jurisdiction of large sectors of public policy once reserved to states a great society new deal
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