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

• rder 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

◮ McCulloch v. Maryland (1819) ◮ Scott v. Sandford (1857) ◮ Background ◮ Legal questions ◮ Decision ◮ Rational

One Minute Paper

Drew Seib American National Government

Case Briefs

◮ McCulloch v. Maryland (1819) ◮ Scott v. Sandford (1857) ◮ Background ◮ Legal questions ◮ Decision ◮ Rational

One Minute Paper

◮ Why are these two cases so important?

Drew Seib American National Government

Case Briefs

◮ McCulloch v. Maryland (1819) ◮ Scott v. Sandford (1857) ◮ Background ◮ Legal questions ◮ Decision ◮ Rational

One Minute Paper

◮ Why are these two cases so important? ◮ What would have happened if the Supreme Court had decided

differently?

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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

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Picket Fence Federalsim

Drew Seib American National Government

Fiscal Federalism

◮ National government provides

some or all the money.

◮ States run the program.

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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

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Categorical Grants

◮ Grants-in-aid that can only be used for a designated, specific

activity.

◮ More restrictive ◮ High Speed Rail ◮ School lunches

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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

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Grants in Aid Over Time

Drew Seib American National Government

Grants in Aid By State

. 1 e r u g i F F e d e r a l A i d t

• S

t a t e a n d L

• c

a l G

• 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 1

ME T V NH NY T C MI OH IN WV NC A G KY TN MS WI IL A L R A MO IA MN ND D S OK TX MT WY O C NM ID UT Z A OR NV A C K A MA RI NJ DC e v

• b

a d n a 4 , 2 1,800 to 2,399 1,600 to 1,799 0 to 1,599 DE I H a t i p a c r e p s r a l l

• D

FL C S L A MD A P A V NE KS A W U.S. average per capita: $2,011 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.

Drew Seib American National Government

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?

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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?

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Why Federalism?

◮ What are the advantages and disadvantages of federalism?

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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