AP Government: Federalism Chapter 3: Part II

Federalism and Democracy Federalism contributes to democracy by increasing access to the government at all levels, but it also creates disadvantages due to differences in the resources of individual states. These differences can lead to inequities among states in areas such as education. What are some public services that the state of Iowa provides? What are some inequities among states? Local communities?

Federal-State Relationships Conflict and Compromise

Does disagreement equal disloyalty? Do federal politicians corrupt the system or does the system corrupt them? Does disagreement equal disloyalty?

**Intergovernmental Relations Today DUAL FEDERALISM: Each level of government has distinct responsibilities that do not overlap. States are sovereign. COOPERATIVE FEDERALISM: Levels of government share responsibilities

Layered Cake vs. Marble Cake **Marbled Cake Cooperative Federalism: Elements of national and state influence swirl around each other, without clear boundaries Where does Federal government end and State begin? Growth of cooperative federalism v. dual federalism because federal government began to subsidize state and local activities in hopes of encouraging national goals Layered Cake Existed Prior to the New Deal Each level of government had its own distinct role -- national, state & local

Intergovernmental Relations Today Shared Administration: Though programs must adhere to basic federal guidelines, they are administered according to the state’s directives. Shared costs: To receive federal aid, states must pay for part of a program. Federal guidelines: To receive funding, state programs must follow federal rules and regulations.

4 Point Quiz—This is so Fun!  If the allocation of power under dual federalism were compared to a cake it would be most like A marbled cake where the flavors blend together An angel food cake—fluffy with little substance New York Cheesecake—heavy and crushing under its own weight A layer cake with two distinct layers A cupcake If the allocation of power in a cooperative federal system were compared to a cake it would be most like A single layer cake A cake walk; who gets what is random Fifty marbled cupcakes A layer cake with many layers

D. States are supreme over national government E. Both A and B 3. In Cooperative Federalism A. States and national government remain supreme within their own spheres B. Responsibilities are mingles and distinctions are blurred between the levels of government C. Powers and policy assignments of the layers of government are distinct D. States are supreme over national government E. Both A and B 4. Since the ratification of the Constitution, American federalism has gradually changed from Cooperative to dual federalism State domination to national domination Dual to cooperative Unitary to federal Federal to unitary

**Selective Incorporation! Selective Incorporation (idea that Constitution was just a federal document and states didn’t have to abide by it because they had their own Constitutions) What rights are so important they must be selectively incorporated into State Constitutions? As of 2010, ALL but the 3rd Amendment has been incorporated into the states!

Fiscal Federalism—Federal Government holds purse strings. The system of distributing federal money to state governments. The power of the national government to influence state policies through grants About a quarter of states’ fiscal spending is derived from federal aid

Money & Federalism Despite national supremacy, you still need individual votes from individual congress people from various states…so how do you get the support? Example: Federal government allocate and give to states to spend as they want/need (GRANTS-IN-AID) If money is available, states go for it - spending increases! By ‘60s, feds want to know how money is spent - becomes harder to get… Feds say programs had to benefit whole country (poor, crime, pollution) - not as easy to get money - leads to growth of lobbyists and interest groups.

Inter-Governmental Revenue Revenue distributed by one level of government to another. Comes in the form of: **Federal Grant: (Grants-in-aid)—given to states for specific purposes. These grants not only supply funds, but influence states by stipulating programs and goals that the federal government wants to achieve. Grants-in-aid are federal funds allocated to states and local governments. Reasons for grants: Abundant National Government Resources; Local Provision

Categorical-formula Grants: Specified and funds matched by states **Categorical-formula Grants: Specified and funds matched by states. Federal funds go to all the states on the basis of a formula depending on the states wealth and usually require that the state match the funds. Used for programs to fight crime, improve streets, control air, special education programs, etc. Restrictive to specific programs. (Big Federal Government) Two Types: Most Common is PROJECT GRANTS: Awarded on basis of competitive applications. Last Type is FORMULA GRANT: Distributed according to a formula. If you fit into that formula, you automatically qualify. (Welfare)

Block grants slow down because: **Block Grant: Large grant of money that can be used for a general purpose such as public health or crime control. Allows states more discretionary spending. (Small federal government) Block grants slow down because: A) State agencies don’t want to share money with each other B) Feds like control over categorical grant C) Flaws in system from bad census reports, etc - demographic qualification key to get money

Republicans want to devolve these so states run own programs Devolution—Transferring responsibility of policies from federal to state and local governments 3 Types of Block Grant a) operational (run programs) b) capital (buildings/services) c) entitlements –to poor/needy/AFDC & Medicaid) Republicans want to devolve these so states run own programs Welfare signals devolution Pro - end dependency on government & promote self-sufficiency Con - create more poverty & hurt disadvantaged

Why Has Devolution Grown? Ideology - Republicans like it - Distrust “big” gov’t Cut deficit (programs) - reduce spending American negativity towards entitlements

--Can cause states to have to spend (prisons, schools, discrimination) **Mandates: Formal order given by a higher authority (federal government) telling the state and local governments what programs to implement. Most of these are unfunded and states have to come up with their own money. Mandates can create economic hardships for states when Congress creates financial obligations for the states without providing funding for those obligations --Can cause states to have to spend (prisons, schools, discrimination) --To get money, states must comply with “conditions of aid” (lower drinking age) --Unfounded & Unclear Criticisms - what does equal access mean? What is a disability? --Free money is not “free” because it signals federal power - conditions of aid make it hard to get money Civil Rights Act 1964 Voting Rights Act 1965 Americans with Disabilities Act (ADA)(1990) No Child Left Behind Act (2002) -- note the inclusion of mandatory military recruiters on high school campuses Clean Air Act

Conditions of Aid: Federal government will give states money IF they meet the conditions given to receive the aid. Requires states to spend grant money in certain way in they want to receive federal funding. --(Examples: Government will give money to states if they lower drunk driving limit, speed limits, etc. )

Last Quiz of Federalism  The main type of federal aid to state and local governments is in the form of Block grants Formula grants Categorical grants Project grants Revenue sharing The most common type of categorical grant is Rescission fund Disaster relief

Grants that are given more or less automatically to states or communities which have discretion how to spend the money are called A. Project grants B. Discretionary funds C. Formula grants D. Categorical grants E. Block grants Programs such as Medicaid and Aid for Families with Dependent Children, where people automatically qualify for aid if they meet the requirements are examples of A. Dual federalism B. Project grants D. Block grants E. Welfare

Welfare Reform & the States Aid to Families with Dependent Children (AFDC) was established under the Social Act of 1935. An entitlement program for children in poor, mostly female-headed, families Eligibility rules and funding came from national government, while the states administered the program

Personal Responsibility and Work Opportunity Reconciliation Act (1996) This act was a major overhaul of welfare, requiring work rather than government assistance, directly affected many Americans. gave the states much wider latitude to create their own welfare programs continued federal funding of welfare programs *It was also passed by a Republican Congress and signed by a Democratic president, Bill Clinton, thus signaling the bipartisan abandonment of the ideas that undergirded President Lyndon Johnson’s Great Society.

No Child Left Behind

**American with Disabilities Act, 1990 The Americans with Disabilities Act (ADA) is the most comprehensive federal civil-rights statute protecting the rights of people with disabilities. It affects access to employment; state and local government programs and services; access to places of public accommodation such as businesses, transportation, and non-profit service providers; and telecommunications. "The ADA is a mandate for equality. Any person who's discriminated against by an employer because of a real disability -- or because the employer regards the person as being disabled, whether they are or not -- should be entitled to the law's protection

**Gun Free School Zones Act (1990) This law’s significance comes not from its passage, but from its being declared unconstitutional. In United States v Lopez (1995) (Alfonso Lopez, Jr. was a 12th grade student at Edison High School in San Antonio, Texas. On March 10, 1992 he carried a concealed .38 caliber revolver, along with five cartridges, into the school. He was confronted by school authorities and admitted to having the weapon. Eventually he was charged with violation of the federal Gun-Free School Zones Act of 1990 (the "Act") Government argued that guns in school would lead to violent crimes and inhibit learning and since schools affected “interstate” commerce economically, they could regulate them. Court looked at question, “if the federal government could regulate any activity that lead to violent crimes and economic commerce, where would it end?” The Supreme Court threw out the law as an unconstitutional exercise of power under the Constitution’s Commerce Clause, thus curbing the long-exercised federal power to regulate interstate commerce Possession of a gun near school is not an economic activity that has a substantial effect on interstate commerce. “A law prohibiting guns near schools is a criminal statute that does not relate to commerce or any sort of economic activity..”

So is Federal or State Government Stronger? Federal Government - there are more strings for money now

AP Free Response Question The Constitution designed a system in which various types of Powers were assigned to different levels of government. Those types of powers are variously described as: Enumerated powers Reserved powers Concurrent powers Inherent powers Implied powers Select THREE and define each of the types of powers and explain how each of those types of powers affects the distribution of powers between national and state governments.

AP Free Response Question Cooperative federalism is a term often used to describe the complex fiscal relationship between the national and state governments. In your essay, do the following: Discuss the concept of categorical grants Explain an advantage and a disadvantage of categorical grants Discuss the concept of block grants Explain an advantage and a disadvantage of block grants.

AP Free Response Question A. Define cooperative federalism as it applies to the United States today.  B. Discuss ways that the federal government financially links itself to the states. C. Select one of the following policy areas and explain why a state may not wish to accept federal funding to help support that concern. Education Highways Disabled Americans