The Politics of Federalism The Allocation of Power

What has National Authority Accomplished? Allocation of powers between national and state governments continues to be a major issue. Expansion of national power has been an engine of social change Support for states’ rights was a method of opposing changes and supporting the status quo.

New Federalism The devolution of power from the national government to the states has been a major theme of the Republican Party Proposed by Richard Nixon Process would devolve authority from the national government to state government Categorical grants converted to block grants Allowed for state flexibility in spending Revenue sharing – national government provided direct, unconditional financial support to state and local governments

Federalism Today Both parties send contradictory messages about federalism: Democrats under Clinton gave significant control of welfare programs back to states Republicans under Bush created No Child Left Behind – increasing federal control over education With election of Obama, push to return power to the states Obama alarmed Americans with greater federal control over the private sector, not of state and local governments Conservatives hoped states would be a counterweight to an active national government. Size of the federal government has grown under Republican and Democratic administrations/Congresses

Federalism and SCOTUS SCOTUS plays a major role in determining where the line is drawn between federal and state powers. McCulloch v. Maryland – commerce clause interpreted to mean regulation of almost any activity. Since 1990s, court has shown a willingness to impose limits to the commerce clause

Trend toward States’ Rights U.S. v. Lopez (1995) Court ruled Feds exceeded authority under commerce clause in the Gun Free School Zone Act Banned possession of guns within one thousand feet of a school. Had nothing to do with commerce or any economic activity Printz v. U.S. ( 1997) Court supported states’ rights under 10th amendment Invalidated federal law requiring state employees to perform background checks for handgun purchases

Summary Questions Explain the accomplishments of national authority (with the use of grants and mandates) and the arguments for reemphasizing states' rights.(involving block grants) Discuss the conservative and liberal view of federalism.

Court Sends Mixed Messages Gonzales v. Raich (2005) Court ruled against state rights saying the federal law declaring various substances to be illegal drugs superseded California’s law legalizing the use of marijuana. Gonzales v. Oregon (2006) Court ruled in favor of states rights upholding Oregon’s controversial ‘death with dignity’ law allowing terminal ill patients to end their lives.

Recent Rulings Arizona v. United States (2012) Court said Arizona had gone too far in subjecting unauthorized immigrants to state authority. Arizona cannot make it a crime to fail to carry identification papers Arizona police cannot arrest individuals solely on suspicion of illegal status National Federation of Independent Business v. Sebelius (2012) Obamacare did not violate the police powers of the states Made expansion of Medicaid optional thus limiting the federal government’s ability to coerce states by with-holding grants