AP Gov - Federalism

Chapter 3

President Ronald Reagan was 69 years old when he took office in 1981. During his two terms, he made it a priority to give power back to the States. The excerpt below comes from his first inaugural address.

“It is my intention to curb the size and influence of the Federal establishment and to demand recognition of the distinction between the powers granted to the Federal Government and those reserved to the States or to the people. All of us need to be reminded that the Federal Government did not create the States; the States created the Federal Government.”

Evaluate this quotation in terms of what you know about Federalism. 5 minutes to discuss, then write

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Wilson’s belief about Federalism (F) F compared to other types of Government (G) and other Western nations State vs. Federal G – “programs” Interest Groups Effects of F Founders and F Madison and state G

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Explain the difference between federal & centralized systems of government, and give examples of each. Show how competing political interests at the Constitutional Convention led to the adoption of a federal system that was not clearly defined. Outline the ways in which national and state powers have been interpreted in the courts. State the reasons why federal grants-in-aid to the states have been politically popular, and cite what have proven to be their pitfalls. Distinguish between categorical grants and block grants. Distinguish between mandates and conditions of aid with respect to federal grant programs to states and localities. Discuss whether or to what extent federal grants to the states have created uniform national policies comparable to those of centralized governments. Evaluate the effect of devolution on relationships between the national and state governments. Assess its implications for citizens as taxpayers and as clients of government programs.

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= Federalism C = Constitution G = Government(s)

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One of the basic principles embodied in the C F arose as the Framers tried to create a strong national government than under the A of C. but still preserve existing state governments. F is a political system where the powers of government are divided between a national G and regional (state and local ) G. Each level of G has certain authority over the same territory and people.

The levels of G’s authority, powers, and prohibitions.

Delegated powers – expressed or enumerated powers, those specifically given to the national G (Articles I-V)

Although not expressed, powers that may be reasonably inferred from the C (Article I, Sec. 8, Clause 18 – the Necessary and Proper Clause or Elastic Clause)

Powers that exist for the national G because the government is sovereign. What in the heck does sovereign mean?

Powers that belong to both the national and state G.

Powers belonging specifically to the state because they were neither delegated to the national G nor denied to the states (Article IV, Amendment 10)

Powers that are denied to the national G, state G, or both (Article 1, Section 9 and 10, Amendments)

For example, neither the national G nor state G may pass an ex post facto law or a bill of attainder.

What is due on Friday?

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Please take out your book notes and put them on the out on the table. Be ready for your quiz by the time I am done with attendance. That means you need to stop talking after my first request. If I have to ask a second time, I will take points off your test.

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is not a practice.  It will cover both your lecture notes and text book through page 56.

Interstate Relations Article IV of the C addresses the issue of relationships between the states. It offers several provisions:

States (S) are required to recognize the laws and legal documents of other S, such as birth certificates, marriage licenses, driver’s licenses, wills. Thought Question: What about gay marriage certificates?

S are prohibited from unreasonably discriminating against residents of other S. Nonresidents may travel through other S; buy, sell and hold property; and enter into contracts (does not extent to political rights such as the right to vote or run for political office, or to the right to practice certain regulated professions such as teaching).

S may return fugitives to a S from which they have fled to avoid criminal prosecution at the request of the governor of the S.

S may make agreements, sometimes requiring congressional approval to work together to solve regional problems. Some examples are “hot-pursuit agreements”, parole and probation agreements, and the regulating the common use of share natural resources. Thought Question: How has California worked with other S to share water?

Article IV of the C provides national guarantees to the S:    

Republican form of G Protections against foreign invasion Protections against domestic violence Respect for the geographic integrity of S What does this mean?

HANDOUT

Article VI of the U.S. C contains the Supremacy Clause, which helps to resolve conflicts between national and state laws

Because two levels of G are operating within the same territory and over the same people, conflicts are bound to arise.

States that the C, its laws and treaties shall be the “supreme law of the land.” The Supreme Court upheld this supremacy in

McCulloch v. Maryland (1819) .

And. . . The Supreme Court expanded the powers of Congress over interstate commerce in

Gibbons v. Ogden (1824). HANDOUT

Freedom of Speech In light of what is happening in the middle east at the moment and what is the cause, do you think that freedom of speech should always be a right? Five minutes to discuss, then five minutes to write a well constructed paragraph about your opinion.

Since the founding of the U.S., society has changed, and F has evolved to meet the changes and challenges.

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Earliest (1789 – 1932) interpretation of F Views the national and state G each remaining supreme within their own sphere of influence.

SOUNDS CONFUSING TO ME

Dual F is often called this because each level of G is seen as separate from the other, with the national G having authority over national matters and state G having authority over state matters.

Early beliefs were that states had the sole responsibility for educating their citizens and the national G had the sole responsibility for foreign policy issues. QUESTION: What do these two issues look like today?

If each state controlled the education of their citizens, could education ever be equal?

A shift in the interpretation of F to that of the national and state G sharing policy making and cooperating in solving problems.

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As it become to be known, grew from policies of the New Deal era and the need for the national G to increase G spending and state G to build the interstate highway system beginning in the 1950’s is an example of cooperative F.

President Lyndon Johnson expanded cooperative F even more as his Great Society programs required even greater cooperative from the states in return for federal grants.

During the administrations of Richard Nixon, Ronald Reagan, and George H.W. Bush the national G attempted to implement a reversal of cooperative F and place more responsibility on the states about how grant money could be spent. Hmmm. . . Do you think this would be a good thing or not? Why?

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A transfer of power to political subunits Has been used to describe the goals of new F Example: Welfare reform legislation, which has returned more authority over welfare programs to the states. The national G directed where much of the money should be spent in the stimulusspending bills during the first year of the Obama administration.

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The national G’s patter of spending, taxation, and providing grants to influence state and local G is known today as fiscal federalism. The national G uses fiscal policy to influence the states through granting or withholding money to pay for program. You need to know these.

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Money & resources provided by the federal G to the state and local G to be used for specific projects or programs. The earliest grants covered public works projects such as building canals, roads, and railroads. Also land grants for state colleges.

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Grants that have a specific purpose defined by law, such as sewage treatment facilities or school lunch programs. May require “matching funds” from the state or local G. May be in the form of project grants (awarded on the basis of a competitive application, such as university research grants) or formula grants (awarded on the basis of an established formula, such as Medicaid).

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Proposed under Johnson administration and popular under the Nixon administration. A “no strings attached” form of aid to state and local G. Could be used for virtually any project but never exceeded more than 2% of revenues. Eliminated under the Reagan administration.

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Requirements that are imposed by the national G on the state and local G. Example: American with Disabilities Act (1990) mandates that all public buildings be accessible to persons with disabilities.

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Mandates often require state or local governments to meet the requirement at their own expense (unfunded mandates). After the mid-term election of 1994, the Republican-controlled Congress passed the Unfunded Mandate Reform Act, which imposed limitations on Congress’s ability to pass unfunded mandate legislation.