A FEW OTHER KEY POINTS ABOUT F EDERALISM Mandates A mandate is rule telling states what they must do to comply with federal guidelines. Civil rights and environmental protection are the most common mandates. For example, state programs may not discriminate against people because of their race, sex, age, or ethnicity.

U NFUNDED M ANDATE An unfunded mandate requires state and local governments to provide services without providing resources for these services. For example: The 1986 Handicapped Children’s Protection Act required public schools to build access ramps and provide special buses, but the act did not provide federal funds to pay for these additions. I guess BDHS finally got that memo. How do you like the ramp for access to the band room?

D EVOLUTION Refers to a movement to transfer responsibilities of governing from the federal government to state and local governments. For example: The Welfare Reform Act of 1996 gave the states the money to run their own welfare programs. States had wide discretion in implementing the federal goal of transferring people from welfare to work.

14 TH A MENDMENT AND S ELECTIVE I NCORPORATION 14 th amendment made African Americans citizens, thus voiding the Dred Scott decision. The 14 th Amendment’s Due Process Clause forbids a state from acting in an unfair or arbitrary way. Its Equal Protection Clause forbids a state from discriminating against or drawing and unreasonable distinctions between persons. The doctrine of selective incorporation uses the 14 th amendment to extend most of the requirements of the Bill of Rights to the states.

S TATE G OVERNMENTS Constitution does not mandate how the state governments should be structured, other than it must be representative of the people. Most states/commonwealths model themselves after the federal government. All states have a governor with similar powers to the president. In charge of the National Guard, can grant reprieves and pardons, can nominate judges, etc. Also have the line-item veto.

S TATE G OVERNMENTS CONTINUED … All state judiciaries can interpret the law. They have trial and appeal courts. Civil and criminal. All states but one have a bicameral legislature. (Nebraska) They may enact state laws Override gubernatorial vetos

F EDERALISM T IMELINE Dual (Layer Cake) Federalism (1789 – 1865) Federal powers defined by those delegated by the Constitution. State powers defined as those reserved powers that give states’ rights. Dual Sovereignty (1865 – 1932) Federal and State Governments exercise authority over their citizens without interference from the other. Federal gov’t passes 13 th, 14 th, and 15 th Amendments. Southern states try to combat this by passing Jim Crow laws and instituting segregation. Supreme Court decision in Plessy v. Ferguson reinforces the rights of states to defy the intent of the 14 th Amendment.

F EDERALISM T IMELINE Cooperative (Marble Cake) Federalism (1932 – 1964) Congress uses the elastic clause to pass legislation that results in an overlapping of state and government affairs. State and national government cooperate and the people get the benefit of services provided by the federal and state governments. Creative Federalism (1964 – 1968) Characterized by costs shared between the national and state governments for programs that the state government traditionally paid for. Created rules and guidelines set by the federal government for states to get benefits Provided for the dual administration of such programs as Medicaid. Was the precursor of fiscal federalism

F EDERALISM T IMELINE New Federalism (1968 – 1994) Federal government gave more power to the states by decentralizing federal government services and programs. Results in downsizing of the federal government. Used revenue sharing and block grants, a policy that has the federal government provide money to the states for specific mandated programs. Reagan extended “New Federalism” concept by reducing the federal income tax and reducing spending, thus reducing the amount of money the federal government would provide to the states.

F EDERALISM T IMELINE Fiscal Federalism (1968 – Present) How the federal government provides monetary support to the states. Utilizes grants-in-aid as a from of financial incentives to the states. These grants include categorical grants that can be project grants or formula grants Revenue sharing in the form of block grants is also utilized by the federal government. States receiving these benefits get them as part of funded mandates.

F EDERALISM T IMELINE Devolution (1994 – Present) Return of power to the states. Initiated by the Republican Party after they regained control of Congress in 1994 Bill Clinton recognized the change in the 1995 State of the Union address when he acknowledged, “the era of big government is over” Utilizes various tools of fiscal federalism to accomplish the goal of increasing state power. Emphasizes the Tenth Amendment reserve power clause as the constitutional basis of devolution. Supported by Supreme Court decisions that overturn federal laws that attempt to control state prerogatives.