Federalism B

Seating Arrangement Find your desk based on the card you were given. L 12 A 1 D 4 H 8 M 13 B 2 E 5 I 9 N 14 C 3 F 6 J 10 O 15 G 7 K 11 P 16

Federalism B Written Conversation in Class

Objectives Bellringer Name three provisions in the Constitution that have expanded the power of the federal government. Agenda Supreme Court Cases Federalism Timeline Federalism in Action: Laws Jig Saw Devolution Closure Identify the powers of the state and federal government as outlined in the Constitution and in practice. Assess the constitutionality of Federalism in Supreme Court Decisions & Legislative Acts

Supreme Court Cases

Federalism Timeline Dual Federalism (Layer Cake) Dual Sovereignty 1789-1865 Dual Sovereignty 1865- 1932 Cooperative Federalism (Marble Cake) 1932- 1964 Creative Federalism 1964- 1968 New Federalism 1968- 1992 Fiscal Federalism 1968- Present Devolution 1994- Present

Dynamics of Federalism Why the power shifted from the states to the federal government? Historical circumstances Constitutional Amendments: limited states rights 14th due process and equal protection 16th mandated income tax 17th created direct election for senators

Dual Federalism1789- 1865 TENSION Necessary and proper clause should be narrowly interpreted. Federal are those powers delegated/ enumerated in the Constitution to the federal government ONLY. Limited. Nation and states are sovereign within their sphere, which means states are sovereign over many areas of policy Allowing states and the nation to exercise power separately in areas of legitimate concern to them. Relationship characterized by differences State’s rights are primary

Dual Federalism Printz v US “The Federal government may neither issue directives requiring the states to address particular problems, nor command the states’ officers, or those of their political subdivisions, to administer or enforce a federal regulatory program. Such commands are fundamentally incompatible with our constitutional system.”

Dual Sovereignty Post civil war (1865- 1932) Federal & State rule over the people Federal defined in 13, 14, 15 Amendments Southern states pass Jim Crow laws & institute segregation Supreme Court decides Plessy v Ferguson reinforced the rights of states to defy the intent of the 14th Amendment

Cooperative Federalism Federalism is the intrusion of national government into what was traditionally state government authority Broad interpretation of Elastic Clause Commerce Clause Power to tax Why did it begin when it did? National & State agencies work together jointly State & Nation routinely share power Power is not concentrated on any governmental level or in any agency; many centers of influence. Supremacy clause: highest law of the land is the Constitution, federal laws, and treaties these laws must be obeyed when in conflict with state laws.

Dynamics of Federalism Why the power shifted from the states to the federal government? Historical circumstances Constitutional Amendments: limited states rights 14th due process and equal protection 16th mandated income tax 17th created direct election for senators

Legislation & Judicial Interpretation 14th & 15th Amendment have increased the powers of the national government Brown v Board 1954 Civil Rights Act of 1964 Voting Rights Act of 1965 Courts have made states redraw lines to show a shift in populations so that districts would reflect one-man/one-vote in elections

Creative Federalism 1964- 1968, President Johnson’s Plan against poverty. Costs shared between the national and state governments for programs that the state government traditionally paid for Created rules and guidelines set by the federal government for states to get benefits Provided for the dual administration of such programs ex: Medicaid Precursor of fiscal federalism

Check for Understanding: Which cake do you think liberals favor Check for Understanding: Which cake do you think liberals favor? Which cake do you think conservatives favor? Why?

Legislation & Judicial Interpretation Elastic clause gives Congress the power to make laws that are necessary and proper, increasing Congressional power. Federal response to crisis= Legislation Since 1937, the SC has almost always supported the government. (SSA) In cases where states have tried to limit personal freedom, federal courts have stepped in to overrule them.

DEVOLUTION Fiscal Federalism

Devolution What is it?: Current effort to scale back the size and activities of the national government. Shift responsibilities for domestic programs for FED to STATE. Surprisingly to some, states will raise taxes to pay for social services. How does the Lopez decision demonstrate the idea of Devolution?

Devolution AFDC (American Families with Dependent Children), aka Welfare Conversion to block grants Unpopular among Representatives General Revenue Sharing 14 years only Congress and Federalism Conflicting constituencies Political Parties

Welfare Reform Act of 1996 States were given the power and money to run their own welfare program States were given discretion to determine how to implement the federal goal of transferring people from welfare to work. Virginia: TANF- Temporary Assistance for Needy Families, SNAP Supplemental Nutritional Assistance Program Maryland

Mandates Federal governments tell states what policies they need to implement.

Federalism’s Power Struggle National Regulation- Mandates: Direct Orders: States must comply regardless of funding provided Americans with Disabilities Act 1990 Equal Opportunity Act of 1982 Cross-over Sanctions: Forced implementation in one area or States may lose money in another area Highway grants and drinking age Cross-cutting requirements: Ensure social and economic goals, consistently across the states Environmental protection, historic preservation, contract wage rates, access to government information, historic preservation, care of experimental animals, treatment of human subjects in research projects Davis Bacon Act (construction projects and wages) Preemption: Congress takes power from local governments Cable regulation Partial Preemption: National Government sets minimum standards Clean Air Act In a 1980 paper, Ed Koch, then mayor of New York City, chastised the "mandate mandarins" in government for forcing local leaders to provide complete access to public transportation for the handicapped, rather than finding the cheapest way to move them around New York. Mayor Koch estimated that the cost of fixing the city's transportation system to comply with Section 504 of the Rehabilitation Act of 1973 would cost $38 per trip, per handicapped individual. It would have been cheaper to place each person that this bill was designed to assist in a taxicab.[1] Today, cities face a similar dilemma with the AWDA. Aside from the initial costs of retro-fitting vehicles with wheelchair lifts, lock-down platforms, and special safety restraints, the able-bodied users of the public transportation system are inconvenienced as well. When a handicapped individual uses a student busing service, for example, the driver has to get out to operate the wheelchair lift, assist the individual into the lock-down platform, and still get all the passengers through the bus route on schedule.

Check for Understanding How is Devolution changing the way the federal gov works with the states? Do you think Devolution is positive or negative for the country?

Closure Draw a Marble Cake and a Layer Cake – add as many notes and vocab words as you can to each HW: Complete the Cooperative Federalism/ Fiscal Federalism Note Sheet – use online notes, book and vocab Federalism Cake Party ?

Cooperative/fiscal Federalism

Revenue Sharing 1972- 1986 $30.2 for 5 years and then extended- 2/3 to local governments Congress gives an annual amount of federal tax revenue to the states and their cities, counties, and townships. People don’t trust the federal government decisions. Why would this be popular with state officials? Public safety, transportation, health, recreation, libraries, social services

Grants- in - Aid Grants-in-aid is money paid by one level of government to another. Many grants must be matched by state money. Categorical grants: for specific purposes. There is little independence on how the money will be spent. Formula Grants: A formula is used to determine who is eligible and how much they will get. State per-capita income, number of school-age children, number of families below the poverty line. Project grants: grants awarded on the bases of competitive applications. Spousal abuse, homelessness, AIDS, city planning Block Grants have a broad general purpose. Recipients have considerable freedom in how to allocate the money Community service, criminal justice

Grants-in-aid Grants-in-aid are a method to redistribute income, to remove gross inequality among states and its people. Sometimes the use of formulas to determine who benefits from grants becomes political in Congress. National government controls grants to states through rules, regulations, and restrictions to make sure the money is used for the purpose it was given

Distribution of Grants Regional issues Frost versus Sunbelt: Favoring certain regions State and Local influence Grantsmanship: Ability to write grants influences funding Intergovernmental lobby: State and local governments join to lobby Congress National League of Cities