Transcript Lecture 3 Federalism

Reading/Lecture 3
The National Context of Texas
Politics and Government
• Federalism
Federalism -Vertical
Separation of Powers
• Federalism is a system of government in which
both the national and state governments share
power within the same political system.
• Fundamental design of American Political
System
• U.S. Constitution addresses national, state and
“the peoples” responsibilities in the federal system.
Three Types of Democratic
Government Design
• Unitary
–Hierarchical
–Centralized Power
–Subdivisions carry out or
enforce policy decisions
–UK and Texas
• Confederation
–Opposite of Unitary
–Central Government power derived
from states (lower sub units)
–Articles of Confederation
–Confederacy
–United Nations
• Federation
–Compromise
–State Autonomy
–Government closer
to people
–Lacks uniformity in
laws
–Services vary from
state to state
Advantages of Federalism
• Geography
– Political subcultures with different priorities.
• Population and layers of governments
necessary to fulfill obligations.
– Multiple arenas for decision making.
• Interstate compacts
• States as a “testing lab” for new policies.
Federal System Drawbacks
• The variance in local policy application
has led to a lack of uniform state laws
and a demands for national standards.
• Many argue that the national
government should ultimately control all
policy directions.
• Leads national government power
expansion at states expense.
• Powerful state interests can block
national initiatives.
The Evolution of U.S.
Federalism
• Dual Federalism
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Pre-civil war until Great Depression
Issues resolved by Supreme Court
National and state governments equal
Function and duties clearly divided
Early State Power:
Economic Regulation
• State legislatures regulated economic
areas such:
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property,
contracts,
banking,
insurance,
– incorporation,
– credit,
– professional practices.
State Power over the Individual
• States enacted:
– criminal statutes,
– health and safety regulations,
– laws concerning marriage, divorce, birth
and adoption.
The Depression and the Great
Society
• The federal government responded with
economic and social programs.
• The Supreme Court initially ruled that these
programs were unconstitutional.
• Roosevelt threatened to pack the Supreme
Court.
• The Supreme Court reversed its position and
upheld the constitutionality of the plan.
• Ushered in the Democrats “New Deal” Era
20th Century Federalism
• Cooperative Federalism
– FDR’s New Deal focuses on national and
state levels cooperating to solve problems
– Grant money begins to flow to states
from national government
– Gradually national government grows in
power and influence over state
governments
Tools of Power: Federal
Mandates and Grants
• Federal mandates are federal laws applied to
states.
• Governmental programs are usually in the
form of federal grants-in-aid.
• Congress appropriates money to state and
local governments to fund particular
projects, usually with strings attached.
• The “Great Society” greatly increased
funded work and social programs such as
Medicare, AFDC and Social Security.
Types of Grants
• Land Grants – During Dual Federalism
• Categorical grants specify particular types
of projects for which federal funds can be
used.
– Project grants are a type of categorical grant,
which are competitive.
– Formula grants are allocated based on need or
capacity.
– Usually represent 85% of federal grants.
• Block grants are grants for broader areas.
• Revenue sharing - no mandate or strings
attached.
New Federalism
• New Federalism (Nixon and Reagan)
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National government too powerful
Decentralization of programs
Revenue sharing introduced
Matching grants
“Carrot and stick” approach
Unfunded mandates
Devolution of Federalism
• Uncooperative Federalism
– Republican revolution of 1994
– Unfunded Mandate Act of 1995
– Made adoption by Congress more difficult
– New pressure on states
– To provide more service
– To enforce more regulations
– To match federal funding
– Series of Supreme Court decisions tend to support
states and limit national governments power
In the 1990s: State v. Feds
• Reinforcing 10th Amendment
• Stressing dual sovereignty
– Reducing power of national government
• Limiting federal use if interstate commerce
clause
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New York v. United States
Gregory v. Ashcroft
United States v. Lopez
Seminole Tribe v. Florida
Printz v. United States
City of Boerne v. Flores
United States v. Morrison
• Will war on terrorism reverse this trend?