American National Government POL 140 Sections 3-6 Federalism Drew - PowerPoint PPT Presentation

American National Government POL 140 Sections 3-6 Federalism Drew Seib September 10, 2012 Drew Seib American National Government

Announcements ◮ Chapter 2 Quiz ◮ How are papers going? Drew Seib American National Government

Current Events ◮ What’s going on in the world? Drew Seib American National Government

Goals ◮ Dual Federalism ◮ Layer Cake Federalism ◮ Picket Fence Federalism ◮ Devolution ◮ Money and Federalism Drew Seib American National Government

Basics Federalism: The sharing of power between federal and state governments. ◮ A Comparison: Is there any difference between the European Union and the United States? Drew Seib American National Government

National Government Powers Enumerated powers: Powers granted to the national government under Article I, Section 8 of the Constitution. Supremacy Clause: Article IV of the Constitution, national law is supreme over state law when the national government is acting within its constitutional limits. Necessary and Proper Clause: Found in Article I, Section 8 of the Constitution, the necessary and proper clause gives congress the authority to enact any law necessary in order for it to carry out one of its enumerated powers (A.K.A Elastic Clause). ◮ Affordable Care Act (Obamacare)? Implied Powers: The national government’s authority to take action by use of the necessary and proper clause that is not expressly granted/authorized by the Constitution. Drew Seib American National Government

State Government Powers Reserved Powers: Powers granted to the states under the Tenth Amendment of the Constitution. ◮ “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 people.” Drew Seib American National Government

Dual Federalism ◮ Pre- FDR ◮ Federalist vs. Anti-Federalist ◮ States and the Federal government were fighting for power (a dual). Drew Seib American National Government

Case Briefs ◮ Background ◮ McCulloch v. Maryland (1819) ◮ Legal questions ◮ Scott v. Sandford (1857) ◮ Decision ◮ Rational One Minute Paper Drew Seib American National Government

Case Briefs ◮ Background ◮ McCulloch v. Maryland (1819) ◮ Legal questions ◮ Scott v. Sandford (1857) ◮ Decision ◮ Rational One Minute Paper ◮ Why are these two cases so important? Drew Seib American National Government

Case Briefs ◮ Background ◮ McCulloch v. Maryland (1819) ◮ Legal questions ◮ Scott v. Sandford (1857) ◮ Decision ◮ Rational One Minute Paper ◮ Why are these two cases so important? ◮ What would have happened if the Supreme Court had decided differently? Drew Seib American National Government

Other State-Federal Battles ◮ Civil War ◮ Commerce Clause ◮ New Deal Drew Seib American National Government

Cooperative Federalism ◮ Picket fence federalism ◮ Marble cake federalism ◮ State and federal governments share authority over a policy area. ◮ Much of the power still resides with the states. ◮ Jointly funded ◮ Jointly administered Drew Seib American National Government

Picket Fence Federalsim Drew Seib American National Government

Fiscal Federalism ◮ National government provides some or all the money. ◮ States run the program. Drew Seib American National Government

Fiscal Federalism Grants-In-Aid Federal cash payments to states and localities for programs they administer. ◮ Localities can choose to reject a grant-in-aid, but if they accept it, they must spend it as dictated by the national government. ◮ National government maintains policy influence ◮ States can expand services ◮ Categorical and Block Grants-In-Aid Drew Seib American National Government

Fiscal Federalism Grants-In-Aid Federal cash payments to states and localities for programs they administer. ◮ Localities can choose to reject a grant-in-aid, but if they accept it, they must spend it as dictated by the national government. ◮ National government maintains policy influence ◮ States can expand services ◮ Categorical and Block Grants-In-Aid Drew Seib American National Government

Coercive Federalism ◮ The national government pressures states to change their policies through mandates, regulations, and conditions for receiving federal money. ◮ Seat belt laws (primary office) ◮ Speed limits and transportation funds ◮ No Child Left Behind Drew Seib American National Government

Categorical Grants ◮ Grants-in-aid that can only be used for a designated, specific activity. ◮ More restrictive ◮ High Speed Rail ◮ School lunches Drew Seib American National Government

Block Grants ◮ Grants-in-aid can only be used for a designated, broad area of activity in which the state and local governments have discretion in how to spend the money within the designated area. ◮ Less restrictive ◮ Education Drew Seib American National Government

Grants in Aid Over Time Drew Seib American National Government

Grants in Aid By State F i g u r e 1 . 0 1 0 F e d e r a l A i d t o S t a t e a n d L o c a l G o v e r n m e n t s , P e r C a p i t a R a n g e s b y S t a t e : F i s c a l Y e a r 2 A K W A ME MT ND V T OR MN NH ID MA WI NY S D RI C T WY MI P A IA NJ NV NE OH MD DE IL IN UT DC C A C O WV V A KS MO KY NC TN H I A Z OK NM A R S C A L G A MS L A TX D o l l a r s p e r c a p i t a FL 2 , 4 0 0 a n d a b o v e 1,800 to 2,399 1,600 to 1,799 0 to 1,599 U.S. average per capita: $2,011 Drew Seib American National Government Source: U.S. Census Bureau, Federal Aid to States for Fiscal Year 2010 . Data are not subject to sampling error, but for information on processing and response error, see the Reliability of the Data section in the Introduction.

Devolution Devolution: The passing of authority from the national government to the state and local government. ◮ Started in the early 1970s ◮ Republicans ◮ Is devolution still at work today? Drew Seib American National Government

Federalism and Public Opinion ◮ Changes in the balance of power between the states and national government have been driven by public opinion. ◮ New Deal ◮ Great Society ◮ Welfare Reform ◮ 9/11 and Financial Crisis Drew Seib American National Government

Immigration ◮ What does Article I Section 8 of the Constitution say about Immigration? ◮ Did Arizona or Alabama go to far? ◮ Was the Supreme Court correct in its interpretation? ◮ Should states be permitted to increase their power in policy areas where the national government has authority but is not taking action? Drew Seib American National Government

Federalism Today ◮ What other policy areas are the federal and state governments currently fighting over? ◮ What policy areas have the state and federal government settled their disputes? Drew Seib American National Government

Why Federalism? ◮ What are the advantages and disadvantages of federalism? Drew Seib American National Government

Quiz 3 Due ◮ Quiz 3 due by next class period. Drew Seib American National Government

Something to think about... ◮ Protection from government is important to a well functioning democracy. Yet, there are times when Americans are willing to give up their civil liberties. Why (especially when its hard to get them back)? Drew Seib American National Government