I Like Cake The History of Federalism in America

Defining federalism  Citizens elect officials to each level of govt  Each level of government taxes citizens  Each level has a primary responsibility for certain areas of public policy

Unitary System  Power is in hands of national government  Subnational units are administrative, not political –School text in France and US

How many govts are there?  1 federal government  50 state governments  3,000 counties  19,000 municipalities  Townships 17,000  14,000 School districts  31,555 Special districts (i.e. Port Authority)

Constitutional Basis of Federalism  National Government – Article 1- “No state shall” coin money, engage in treaty, lay duties, engage in war –Article 1, Section Congress shall do what is "necessary and proper" and “general welfare” –Article 6-Supremacy Clause "supreme law of the land“  States –guarantee to every state in this union a republican form of government –“The powers not delegated to (fed govt) are reserved to the states respectively, or to the people.”

Constitution & Federalism  Fed #51 “ a double security against majority tyranny”  Divide the power of government within the levels of government (sep of powers) but also across governments (between state and national governments)  Different governments will control each other against the oppression of governments

States Rights vs. Nationalists  Nullification –Then and Now

Dual Federalism  , Layer cake model  two distinct layers of government  Separate powers and spheres of influence –Feds, internal improvements, tariffs, etc –States- commerce, banking, insurance, slavery, health, education, criminal, etc

Hammer v. Dagenhart (1918)

Great Depression and Demise of Dual Federalism

Federal Emergency Relief Act of 1933

Cooperative Federalism  Eisenhower Era –Interstate Highways –Urban Renewal –Airport Construction  Great Society programs –Medicaid and Medicare –Education Aid –Model Cities  Today –Clinton crime, education policy (100k new police) –Bush – Leave No Child Behind –Obama- stimulus package, health care

Categorical grants  Federal grant of $ to state  interstate highways, poverty, crime, education, pollution  Categorical grants specified use of money –Alabama Syndrome

Marble Cake Federalism  Intermingling of federal, state, and local authority  Example of education –Feds- Leave no child behind, Special education, Labor laws –States- labor laws, curriculum, testing –Local- hire the teachers, finance

Food Stamp Program  National Goal- improve nutrition in low income households  Feds provide $, pay 62% of administrative costs  States- determine eligibility standards

Supplemental Nutrition Assistance Program  Feds revise eligibility criteria –Up to 130% of poverty line (2,389 family of 4) –Able bodied adults can receive for 3 months –Disabled vet, child of vet –State EBT/Debit Card –No discrimination race, gender, sex orientation –Most legal immigrants eligible

Rick Perry- happy or sad?

New Federalism  1968-present –Reduce the power of the national government –Less $$, fewer strings (?)

Block Grants  provided unrestricted grants to states and localities  Entitlement, not competition

Energy Efficiency and Conservation Block Grant Program (2009)  ”$2.7 billion will be awarded through formula grants. In addition, approximately $454 million will be allocated through competitive grants” (energy.gov)

Grants can be used for  Development of an energy efficiency and conservation strategy  Building energy audits and retrofits, including weatherization  Financial incentive programs for energy efficiency  Transportation programs to conserve energy and support renewable fuel infrastructuresupport renewable fuel infrastructure  Building code development, implementation, and inspections  Installation of distributed energy technologies  source reduction, recycling, and recycled content programs  Reduction and capture of greenhouse gas emissions generated by landfills or similar waste-related sources  Installation of energy efficient traffic signals and street lighting  Installation of renewable energy technologies on government buildings  Any other appropriate activity that meets the purposes of the program and is approved by DOE

Rick Perry- happy or sad?

Reagan’s New Federalism More block grants, less money  Federal aid to state and local govts fell by 39%.  Buffalo % of their revenues from Washington, by 1992 they got only 6%.

Reagan’s New Federalism  Choose your own? –You can make any kind of cake you want –You have fewer ingredients –Have to pay for it yourself

Rick Perry- happy or sad?

Popular Support  In which of the following people in government do you have the most trust and confidence? –Federal government 19% –State government 22% –Local government 37%

Coercive or Regulatory Federalism,  Democratic Unfunded Mandates –Asbestos Hazard Emergence Act of 1986 –Safe Drinking Water Act 1986 –Americans with Disabilities Act of 1990 –National Voter Registration Act of 1993  GOP Unfunded Mandates –No Internet taxation –No Child Left Behind –Help America Vote Act

HAVA  Update their voting machines (no punch card)  each polling location have at least one voting system accessible to individuals with disabilities  develop a single, uniform, official, centralized, interactive computerized statewide voter registration list

Cake Analogy?  Baking Analogy- You can have any cake you want as long as it has chocolate

State Mandates Under Obamacare  Adjust eligibility in Medicaid to new federal rules (16 million+)  Establish high risk insurance pools for people with preexisting conditions (by Jan 1, 2014); create insurance exchanges  Require insurance companies to allow dependents up to 26 stay on parent’s insurance

Rick Perry- happy or sad?

Who PaysWho DecidesExample Categorical Grants70%/Feds/ 30% states National government sets goals, states limited discretion Food Stamps Block Grants 60% Feds/O% states (less money State governmentEnergy Efficiency Unfunded Mandates 0% Feds/100% States National government HAVA, ADA

Popular Support  Which level of government does the best job of dealing with the problems it faces –Federal government 14% –State government 21% –Local government 41%

Constitution & Federalism Redux  Fed #51 “ a double security against majority tyranny”  Divide the power of government within the levels of government (sep of powers) but also across governments (between state and national governments)  Different governments will control each other against the oppression of governments

General Trends  Primary constraints are political, not constitutional  Federal role is reduced, 16% of state and local governments budgets  Intense state experimentation  Bipartisan belief in devolution

Devolution Theory  “enhance the responsiveness and efficiency of the federal system based on the theory that state and local governments can do a better job of providing services for citizens"

How Much Devolution is there?  "if we exclude Social Security, Medicare, net interest on the federal debt, and defense from the total expenditures of federal, state, and local governments in the United States, 80 percent of what remains is administered by state and local governments" (1999, 3).

Constitution  Article 1, Section 8 –Congress shall do what is “necessary and proper” to promote “interstate commerce”  10th Amendment – powers not delegated to federal government are "reserved to the states or the people”  Supreme Court’s changing interpretation of the commerce clause

Revisiting the Commerce Clause  21 drinking Age and highway funding  US v. Lopez –Gun Free School Zones Act of 1990 –Does it relate to commerce

Why Federalism Matters  Determines who pays (welfare $148 v. $360)  Determines how much uniformity of policy there will be (death penalty)  Determines who makes the decisions (textbooks)  Determines accountability

Basic Tradeoff  a more centralized system is likely to be more uniform, equitable, and accountable  decentralized system is likely to be more democratic and flexible

Who should make decision on…  Marriage  Death penalty  Environmental standards  Education  Gun Control  Welfare reform

Benefits of Federal System  Diversity of Needs  Enhances popular sovereignty  Proximity to Citizens  Local control  Innovation and Experimental Lab

Disadvantages of Federalism  exacerbates economic inequalities.  justice varies from state to state  allows local minorities to block the will of national majorities (civil rights)  Spillover effects and competition