Defining Federalism from Civil War to Today

Dual Federalism The concept of dual federalism is the idea that the national and state governments were equal partners with separate and distinct spheres of authority. There existed little collaboration between the national and state governments. But the fundamental nature of Federalism was changed by the Civil War

Dual Federalism (Civil War Era) Erratic but increasing presence of the national government into areas that had previously been the purview of the states such as the power to regulate business and the economy as well as civil rights

Dual Federalism (Civil War Era) Civil War Amendments –13 th – Abolished Slavery –14 th – “Due Process an Equal Protection Clause”- Besides protecting newly freed slaves from state actions it was also used to constrain unfair business practices –15 th – Right to vote Southern States “allowed” to create Black Codes, Jim Crow…poll taxes in order to “keep the peace”

Dual Federalism (Gilded Age) Federal Government takes increasing role in regulating commerce and limiting state power The Sherman Anti-Trust Act (1890). The Interstate Commerce Act (1887). Plessy v. Ferguson (1890).

Dual Federalism ( s Federal Government and Populist/Progressive Movements limiting state power 16 th Amendment – Federal Income Tax 17 th Amendment – Direct Election of Senators (Power to People) –“Laboratories of Democracy” Recall Elections Referendum Questions

Cooperative Federalism (New Deal) Great Depression put pressure on Federal and State governments to solve economic crisis New Deal – increase size and scope of Federal Power but also the states (but not as much) –Labor Relations Act –Fair Labor Standards Act –Agricultural Adjustment Act –Social Security Act –FDIC (Federal Deposit Insurance Corporation) from Glass- Steagal Act –But with limits Supreme Court found many ND acts to be unconstitutional and “packing” controversy (Marble Cake Theory)

Cooperative Federalism (1950s- 1960s Civil Rights) States’ Rights reconsidered –Brown v. Board of Ed. Topeka, Kansas –Civil Rights Act of 1964 –Voting Rights Act of 1965 LBJ’s Great Society was a major departure from the past. It further shifted the power relationship between governmental levels toward the national government through the expansion of categorical grants and the increasing use of regulations, sometimes bypassing state governments and going directly to third parties (non profit groups and community activists), especially in South where Conservatives governors may not have applied government funds correctly 1962 – Baker v. Carr. Reapportionment and gerrymandering – The Great Society programs used state and local governments as agents to implement national policies and the volume of federal regulations increased.

Cooperative Federalism (1970s) Clean Air Act of 1963,1970 – first major environmental protection laws – Environmental Protection Agency forces states to abide by Federal environmental guidelines…but allows state agencies to carry them out. DEA – Drug Enforcement Agency –New National Drug Enforcement laws that supercede state laws

Cooperative Federalism in Action (Fiscal) Grants-in-aid –Categorical grants: “Here’s some money, but you do exactly what I tell you to do with it.” –Block grants: “Here’s some money, spend it how you like as long as you it relates to what I want.” –General revenue sharing grants: “Here’s some money, do whatever you want with it.” –Unfunded mandates: “I don’t have the money, but you still gotta do exactly what I tell you to do.” (No Child Left Behind) –Federal government can withhold Grants-in-Aid to force states to do X though (Example Drinking Age)

New Federalism (1980s-Today) This period has been characterized by shifts in the intergovernmental grant system from categorical to block grants (1980s- 1990s) then back to categorical grants (2000s-Today), the growth of unfunded federal mandates, concerns about federal regulations, and continuing disputes over the nature of the federal system.

New Federalism Reagan Years – (Bush 41) –Viewed Federal grants – imposing federal power on states –Cut income tax and domestic spending = less money for states from Fed govt. –Categorical Grants rolled into less restrictive Block grants increase –Ends General Revenue Sharing Less $ for States Forces states to be creative but also become dependent on Block Grants- especially in Education, health care, income security, and transportation (highways) –ADA (1990) Americans with Disabilities Act – Federal Preemption/Civil Rights/Regulatory (precedent to increase Federal power)

New Federalism Clinton Era (Devolution Period) –Devolution – scaling back Federal Government’s power –Reinventing Government Initiative Welfare Reform Act of 1996 – returned welfare administration and $ to the states rather than Fed (Great Society) –Contract with America (Newt Gingrich) Put power back into the states/local level Balanced Budget Amendment (fail) Tax Reform (fail) Congressional Term Limits (fail) Unfunded Mandates (up to 30% of local budgets) –US v. Lopez (1995) – state/local control of gun laws

New Federalism Bush (43) Years –Preemption – use of Supremacy Clause to overrule state/local actions No Child Left Behind Patriot Act –Categorical grants gain popularity again – increase Federal government initiatives, even at local levels –Poor Economy Tax Cuts Increase Defense Spending (9/11) wars in Iraq/Afghanistan Hurricane Katrina (Failure of Federalism) Less Money to states Deregulation of Banks and Wall Street practices during 80s and 90s –States Must Balance budgets Cut spending/raise taxes = higher unemployment and inflation

Judicial Federalism When Supreme Court decisions sway power from State to Federal or vice versa Particularly active in the 90s – Today, but actually started in the 1950s Power to Fed – –Brown v. BoE, Topeka –Roe v. Wade, Griswold v. CT –Baker v. Carr –Gonzalez v. Raich Power to States – –US v. Lopez –US v. Morrison –Gonzalez v. Oregon

Federalism provides a means for accomplishing both federal and state policy goals. Federalism offers distinct advantages and disadvantages. In general, policy responsibility was shifting toward state governments before economic recession. However, power sharing relationships between the federal government and state governments vary across time and across issues.