Ch. 3 Federalism (Week 3)
Ch. 3 Federalism (Week 3) P SC 1113
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This 7 page Class Notes was uploaded by Rebecca Hurlburt on Saturday September 12, 2015. The Class Notes belongs to P SC 1113 at University of Oklahoma taught by Dr. Tyler Johnson in Fall 2015. Since its upload, it has received 147 views. For similar materials see American Federal Government in Political Science at University of Oklahoma.
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Date Created: 09/12/15
Chapter 3 Federalism Week 2 Notes for American Federal Government P SC 1113 Chapter Notes Vocabulary confederal system a league of independent sovereign states joined together by a central government that has only limited powers over them federalism a system of shared sovereignty between two levels of government one national and one subnational occupying the same geographic region unitary system a centralized governmental system in which local or subdivisional governments exercise only those powers given to them by the central government concurrent powers powers held by both the federal and the state governments in a federal system division of powers a basic principle of federalism established by the US Constitution by which powers are divided between the national and state governments expressed powers constitutional or statutory powers that are expressly provided for by the US Constitution also called enumerated powers implied powers the powers of the federal government that are implied by the expressed powers in the Constitution particularly in Article 1 Section 8 inherent powers the powers of the national government that although not always expressly granted by the Constitution are necessary to ensure the nation s integrity and survival as a political unit necessary and proper clause Article 1 Section 8 Clause 18 of the Constitution which gives Congress the power t make all laws necessary and proper for the federal government to carry out its responsibilities also called the elastic clause police powers the powers of a government body that enable it t create laws for the protection of the health safety welfare and morals of the people In the United States most police powers are reserved to the states supremacy clause Article VI Clause 2 of the Constitution which makes the Constitution and federal laws superior to all con icting state and local laws cooperative federalism a model of federalism in which the states and the federal government cooperate in solving problems dual federalism a system of government in which the federal and the state government maintain diverse but sovereign powers New Deal the policies ushered in by the Roosevelt administration in 1933 in an attempt to bring the United States out of the Great Depression picketfence federalism a model of federalism in which speci c policies and programs are administered by all levels of government national state and local preemption a doctrine rooted in the supremacy clause of the Constitution that provides that national laws or regulations governing a certain area take precedence over con icting state laws or regulations governing that same area secession the act of formally withdrawing from membership in an alliance the withdrawal of a state from the federal Union devolution the surrender or transfer of powers to local authorities by a central government federal mandatea requirement in federal legislation that forces states and municipalities to comply with certain rules new federalism a plan to limit the federal govemment s role in regulating state governments and to give the states increased power in deciding how they should spend government revenues block grant a federal grant given to a state for a broad area such as criminal justice or mental health programs categorical grant a federal grant targeted for a speci c purpose as defined by federal law competitive federalism a model of federalism in which state and local governments compete for businesses and citizens who in effect vote with their feet by moving to jurisdictions that offer a competitive advantage fiscal federalism the allocation of taxes collected by one level of government typically the national government to another level typically state or local governments Federalism and its Alternatives What is Federalism In a federal system government powers are divided between a central government and regional or subdivisional governments For a system to be truly federal both the central government and the regional governments must have powers that are clearly defined and limited Even totalitarian regimes have local governments Federalism is dif cult in practice especially because the Constitution does not always specifically state what is a power of the central government and what is reserved to the states Nowadays we rely heavily on historical precedent Alternatives to Federalism Many nations around the world are unitary systems meaning any local government is a creation of the national government which can give and take away powers Technically as cities and counties are not mentioned in the Constitution they are creatures of the state and the state gives and takes away powers Under the Articles of Confederation the US was a confederal system where the central government only eXists at the direction of the subdivisional governments Federalism An Optimal Choice for the United States A federal system was a compromise between the Framers fear of tyranny and the realization that the central government under the Articles was too weak One reason for federalism was the size of the nation Travel and communication took too long The states would be more suited to govern the people on local issues while the national government would deal with issues that encompassed the entire nation Federalism also allows for experimentation If a state is trying to solve a speci c issue they can observe how other states handled the problem and possibly copy them depending on success Federalism also allows different subcultures to live in a way that most suits them Their local government can listen to their speci c needs Some drawbacks include the fear that in a smaller government it would be easier for one group to dominate e g slave owners in the South pre Civil War Sometimes state governments make it dif cult for the national government to make progress Also as evidenced by the Civil War the debate over states rights cannot always be solved by politics There is also always the danger that the national government could expand at the expense of the states The Constitutional Division of Powers The Powers of the National Government The national government possesses expressed implied and inherent powers Two expressed powers are the ability to coin money and to regulate interstate commerce Implied powers fall under the necessary and proper clause which states that the national government can make any law that makes the expressed powers possible Inherent powers are those which the national government requires for the survival of the country such as declaring war making treaties and regulating immigration The national government is restricted from certain actions such as taxing exports and inhibiting free speech and religion The Powers of the States Any power not speci cally given to the national government or completely prohibited by the Constitution goes to the states The states have police powers which allow them to create laws necessary to protect the health safety and welfare of the people They also have the power to establish public schools and regulate marriage and divorce States are prohibited form taxing interstate commerce and from entering into treaties with other nations Interstate Relations The full faith and credit clause requires each state to honor other states public acts Some states have entered into interstate compacts to regulate the use or protection of certain resources such as water and oil Concurrent Powers Concurrent powers are powers that are delegated to both the national government and the states One example is taxes Both the national government and the state government can tax its citizens but still neither can tax exports The Supremacy Clause The supremacy clause states that national laws take precedence over state laws A state government cannot ignore or override laws put in place by the national government The Struggle for Supremacy Early United States Supreme Court Decisions McCullough 12 Maryland involved both the necessary and proper clause and the supremacy clause When Maryland taxed a national bank the bank owner refused to pay the taxes because the bank was part of the national government which raised the question of whether the national government could charter banks and if so if the states could taX those banks The supremacy clause caused the Supreme Court to rule that the state could not taX an arm of the national government Gibbons v Ogden helped to de ne the commerce clause When a ferryman licensed by the state sued a ferryman licensed by the national government the Supreme Court de ned commerce as any business dealing meaning that the national government which was in charge of interstate commerce took supremacy The Civil War The Ultimate Supremacy Battle Disputes over the states rights and what the national government had the power to do ampli ed by the disagreements over the future of slavery led to extreme tension in the southern states prompting them to secede Even thought the states seceded to gain more states rights in the end defeated by the Union the national government actually gained more power Dual Federalism From the Civil War to the 1930s Until the Great Depression the US functioned under dual federalism in which the states tended only to local matters and the national government tended only to national issues Cooperative Government and the Growth of the National Government Since the Great Depression the US has functioned under cooperative federalism This started with Roosevelt s New Deal which took many economic measures intended to bring the country out of the depression but also crossed the established line of what fell under national power The Court ruled that most of Roosevelt s actions were unconstitutional until Roosevelt was able to appoint a new justice who tipped things in his favor During the 60s and 7 Os the national government became even more involved in economic activity However because the national government could not accomplish many of these feats without assistance of local governments So although he national government has its hands in almost the entire economy it requires the support of the states As federalism has evolved things such as preemption have come into play Preemption states that if a new national law is passed it overrides existing state laws Federalism Today The New Federalism More Power to the States Starting in the 7 Os a movement started to change from a nationalcentered federalism to a statecentered federalism called New Federalism Although started largely by Republicans the Clinton administration also supported the movement The Supreme Court and the New Federalism During and since the 90s the Supreme Court has ruled in favor of the states many times giving the states more rights The Shifting Boundary between Federal and State Authority In most cases Republicans are the champions of states rights while the democrats are the champions of Washington However there have been cases which were the inverse such as the devolution of federalism under the Clinton administration and the No Child Left Behind Act under Bush Although there have been some cases where the Supreme Court ruled in favor of the national government e g issues regarding immigration it would seem they are much more ready to challenge the national government than the states showing that the states are possibly regaining some of their power The Fiscal Side of Federalism Federal Grants Federal grant shave always been around to support education and state militias However over the past century federal grants have become important revenue for the states Categorical grants are given to complete certain de nite tasks such as building and repairing highways Block grants are given to cover broader areas such as mental health and criminal justice This gives the states more freedom but the national government still manages to remain in control by setting strict parameters Federal Grants and State Budgets Last year the states were given over 600 billion dollars in federal grants Unlike the national government the states are required to balance their budgets which means that during a recession they must either cut spending or lay off government employees Because that national government is nt required to balance its budget they will grant money to the states to help Using Federal Grants to Control the States Although the state governments have some powers that the national government does not the national government can force the states to cooperate by either withholding grants or charging fees if the states do not comply The Cost of Federal Mandates Federal mandates are extremely expensive and the national government does not always provide the states with the needed funds using scal problems for the states or preventing them from being able to cooperate Competitive Federalism States compete with each other for businesses and citizens by choosing whether to have more services and higher taxes or fewer services and lower taxes Overpopulation may become an issue as people move to states for lower taxes andor better services as resources are drained Lecture Notes The Pros and Cons of Federalism Federalism 39 According to GOVT Government powers are shared by the national government and the states 39 Reality power shared by many many entities The 89000 or so governments 1 federal 39 50 states and DC 39 3000 counties 39 19500 municipalities 39 16000 townships 39 37000 special districts 39 Nearly 13000 school districts According to Oklahoma Policy Institute 39 About 1900 of these 89000 are in Oklahoma 39 77 counties 5 94 municipalities 39 567 school districts 39 642 special districts airports water and sewer emergency medical services some utilities Advantages and Disadvantages 39 Pro deal with size of the nation Pro experimentation different policies 39 Pro respect subcultures Pro not mentioned in GOVT opportunities for citizens to get involved to have access 39 Con small units potentially dominated by factions 39 Con laws not uniform from one place to the next 39 Con legal red tape 39 Con not mentioned in GOVT confusion for citizens over where to turn to solve problems Federalism creates an incredibly broad answer to the question Who represents me Is that answer strictly electoral in nature Geographic in nature How should I want these individuals to view their jobs How should Tom Cole go about deciding what to do and how to vote as the Representative of this district Who should Tom Cole listen to Who shouldn t he listen to How does representation work Classic model Warren Miller and Donald Stokes Representation is congruence how well what an elected of cial does matches district opinion Public seeks to control members through elections Problems do citizens have opinions Do they eXpress them Do they use elections If I asked you if your representative was doing a good job or a bad job how would you go about answering that Is it all about votes cast in legislature Heinz Erlau and Paul Karps Other Forms Service respond to speci c needs wants problems in your area Allocation bring home the cash Symbolic getting things on the agenda listening to all voice building relationships Representational Woes What if you re a Democrat living in a part of Oklahoma in which every elected of cial is a Republican What if you care about an issue and your elected of cials feel the opposite Or don t care What if my elected of cials are completely different people than I am demographically In essence is representation solely based on geography Alternate Conceptions of Representation Collective Your location may differ from state dynamics or national dynamics Some elected of cials look outward as well Result collective representation Collective representation some elected of cials stand for groups broader more dispersed than geographical location Descriptive representation Women 51 of the population about 20 of Congress Latinos 17 of the pop about 7 of Congress African Americans 13 of the pop about 9 of Congress Scholars call this underrepresentation Result descriptive representation Descriptive representation linkages between underrepresented groups and elected of cials who share demographics Federalism creates countless possibilities when it comes to representation If I don39t like my elected of cials and what they re doing I can look elsewhere
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