National, State and Local Chapter Federalism National, State and Local

Federalism Defined Divides power between a central government and state and local governments Framers favoured moving power from the states to a national government

THE EVOLUTION OF FEDERALISM DUAL FEDERALISM (1787-1913) STATES AND NATIONAL GOVTS DIVIDE FUNCTIONS. Congress handled enumerated powers (Art.1; Sec. 8) States handled reserved powers (Amend 10) Congress and states both handled concurrent powers

Principles of Dual Federalism

Mc Culloch v. Maryland Chief Justice John Marshall use of "Necessary and Proper Clause,“

Phase II Cooperative Federalism (1913-1964) NATIONAL GOVERNMENT AND STATES EXERCISED RESPONSIBILITIES FOR WELFARE, HEALTH, HIGHWAYS, EDUCATION, AND CRIMINAL JUSTICE.

Why Cooperative Federalism? INDUSTRIAL REVOLUTION DEVELOPMENT OF A NATIONAL ECONOMY FEDERAL INCOME TAX SHIFTS $$ TO NATIONAL GOVERNMENT (Amend. 16) TWO WORLD WARS AND THE GREAT DEPRESSION. MAJOR SHIFT IN FDR ERA  

Cooperative Federalism in Action GRANTS IN AID Combined federal funding with state administration Funds provided by one level of government to another for specific purposes States are required to put up some of their own money: matching grants

Phase III: Creative Federalism 1964-70 THE NATIONAL GOVERNMENT DOMINATES STATE GOVERNMENTS LBJ and War on Poverty, Civil Rights, etc. Categorical grants which required recipients to apply for funding under specific categories detailing how money would be spent Bypass States and urban governments to fund organization with Democratic base

Phase IV New Federalism 1970-80s Nixon Backlash to Creative Federalism More autonomy with states/local govts. Initially REVENUE SHARING (1972) -- Later BLOCK GRANTS - funding for policy area, such as community development, education -- let states decide how funds are used.

Federal, State, and Local Government Expenditures Budget of the United States Government: Historical Tables, Fiscal Year 2005; available at www.gpoaccess.gov/usbudget/fy05/hist.html.

Phase V Modern Federalism 1980s> Devolution More powers to state/local governments BUT Pre-emption Federal government assumes total or partial control in areas of concurrent responsibility AND Unfunded mandates Federal government requires states and localities to provide certain services but no federal money to cover the costs.

State Governments Laboratories of democracy Governors may have more control over state bureaucracies State legislatures reflect population State legislatures more professional Civil right provision have strengthened government; legal barriers to minority voting nearly eliminated

FEDERAL STATE SHARE Share of tax money significantly skewed to federal government States in financial crisis: most facing bankruptcy. http://www.cbsnews.com/stories/2005/04/08/opinion/main686839.shtml Consequences for public mounting Case of public schools.

ABC News: Report Card Case of Public Schools Federal, state, concurrent power? Quality of Education in America? Problems in Education today? Role of State/Local? Role of Federal? Role of federalism in dilemma? http://nationalpriorities.org/index.php?option=com_wrapper&Itemid=182