Changes in Federalism Federalism

Why did this arrangement change? Federalism Why? Why did this arrangement change?

Dual Federalism Federalsim

Federalism Dual Federalism Original plan under 10th Amendment sets up idea of “Dual Federalism” Some powers are specifically given to the national government. Everything else is up to the states to decide. This form dominated American govt until the civil war. Arguments between “national govt” and “state rights”

Federalism Dual Federalism Dual Federalism Best suited to allow “states’ rights” and flexibility. National and state governments have separate areas of policy This is called “layer cake” federalism – layers are separate This gives states more control over their own policies – “local controls”

Cooperative Federalism Federalismn

Federalism Amendment 14 Fourteenth Amendment Intended to give citizenship to people who had been enslaved. Included other protections for them Equal Protection Clause – states must treat all people equally under the law. Due Process Clause – states can’t deny anybody life, liberty, or property without due process of law These limit the states’ ability to have total control over many policies

Federalism Cooperative Federalism Cooperative Federalism National government puts some limits on most of state’s flexibility in policy areas Lots of shared areas of policy – because the national govt controls the states This is called “marble cake” federalism – there is more mixing This gives national govt more control over what the states can do in their policy areas

Federalism Division of Powers Education Reserved Powers No child Left Behind, Desegregation, Common Core Education Obamacare, Health Insurance laws, Medicaid Reserved Powers Health & Safety National Speed Limit 55 from 1975-1995 Speed limits Must allow same sex marriage, can’t ban interracial marriage Marriage laws Increased security requirements after 9/11 Drivers’ licenses Drinking age 21 Alcohol laws Must allow all races, genders, people over 18 Voter Requirements State governments do things that are different from state to state

Evaluating Cooperative Federalism Allows the national govt to force states to have more uniform policies – less discrimination People feel the national govt has too much power over state issues – takes away advantage of local govt for local needs

Cooperative Federalism Mandates National government orders the states to do something. They must follow the order Sometimes the national govt gives money to pay for it, sometimes they don’t. Unfunded Mandates The national govt makes the states do something, but the states have to find a way to pay for it.

Fiscal Federalism Federalism

Federalism Fiscal Federalism Fiscal Federalism The national govt can get the states to do what it wants by giving them money National govt has more capacity to raise revenue than states. States HAVE to balance budgets; National can run deficits. The states need national money. They will change policies in order to get more money

National govt gets nothing out of it. This stopped in the 1970s. Federalism Fiscal Federalism The national govt can get the states to do what it wants by giving them money Grant in aid Programs Revenue Sharing National govt used a formula to just give tax surpluses to states to help make ends meet. National govt gets nothing out of it. This stopped in the 1970s.

Federalism Fiscal Federalism Competitive Grant Project Grant National govt offers money as a prize. The state that can meet a goal first gets the money Ex: TN wins Obama’s “Race to the Top” in education reform National govt gives money that can only be spend on a project, usually research Ex: University wins a 3 year grant to fund disease prevention research

Federalism Fiscal Federalism Block Grant Categorical Grant For a broad purpose. Has no strings attached. State gets to decide how to spend the money. For a specific purpose Has strings attached National govt tells states how to spend money & what to do to get the money

EX: Education Block Grants for States Federalism Fiscal Federalism Block Grant Categorical Grant EX: Education Block Grants for States TN builds schools MS hires new teachers KY improves colleges EX: Highway Funding If states have a drinking age of 21, USA gives them a grant to pay for highway maintenance

Cross Cutting Requirements Federalism Fiscal Federalism The national govt will match whatever the state spends on a project – incentivizes them to do a project because it’s half the cost Matching Funds If national govt gives a grant to something, national requirements get imposed on ANYTHING connected to the money Cross Cutting Requirements National govt gives money for one policy or project, but requires a policy change in something unrelated Crossover Sanctions

New Federalism Federalism

Federalism Fiscal Federalism New Federalism From 1937 - 1995 the SCOTUS ruled in favor of the national govt in EVERY conflict over National/State policy using commerce clause Nixon & later Reagan (Republicans) advocated for less national government control over what had been state policies New Federalism The trend in 1970s-1990s to return some policy making powers to state governments

Federalism Fiscal Federalism Devolution The national govt. gives policy making decisions back to the states Shifts powers BACK to the states Gave federal owned lands to states to do different things with Ended the national speed limit Let states decide what the qualifications for welfare were

Bigly Ideas Constitution

Cooperative Federalism History Wrap Up Dual Federalism Cooperative Federalism Mandates Block vs Categorical Focus on these things: Devolution