Chapter 3 Federalism

Copyright © 2011 Cengage WHO GOVERNS? WHO GOVERNS? 1. Where is sovereignty located in the American political system? 2. How is power divided between the national government and the states under the constitution? TO WHAT ENDS? TO WHAT ENDS? 1. What competing values are at stake in federalism? 2. Who should decide which matters ought to be governed mainly or solely by national laws?

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Warm-up You are a governor of a state  What type of programs are you going to try to get money from the national government for to please your citizens You are a governor of a state  What type of programs are you going to try to get money from the national government for to please your citizens You are the president of the United States  What type of programs are you going to want states to implement to receive your money? You are the president of the United States  What type of programs are you going to want states to implement to receive your money? Copyright © 2011 Cengage

Q 1 Which of the following is the best example of devolution? Which of the following is the best example of devolution? A. no child left behind law, which provides states with monetary incentives for meeting national educational guidelines A. no child left behind law, which provides states with monetary incentives for meeting national educational guidelines B. the McCullough v Maryland case, which allowed the federal government to maintain a national bank B. the McCullough v Maryland case, which allowed the federal government to maintain a national bank C. civil rights legislation mandating that states not discriminate C. civil rights legislation mandating that states not discriminate D. block grants by which money from the national government is given to the states for discretionary use with broad guidelines D. block grants by which money from the national government is given to the states for discretionary use with broad guidelines E. the federal tax code, which provides deductions for local charities. E. the federal tax code, which provides deductions for local charities. Copyright © 2011 Cengage

answer D devolution is an effort by the national government to return some powers to the states. Block grants, which allow states to spend federal money using some discretion, are an example D devolution is an effort by the national government to return some powers to the states. Block grants, which allow states to spend federal money using some discretion, are an example Copyright © 2011 Cengage

Q2 The concept that the national government is supreme in its own sphere while the states are equally supreme in theirs is known as The concept that the national government is supreme in its own sphere while the states are equally supreme in theirs is known as A. cooperative federalism A. cooperative federalism B. balanced federalism B. balanced federalism C. home rule C. home rule D. emerging federalism D. emerging federalism E. dual federalism E. dual federalism Copyright © 2011 Cengage

Answer Q2 E. Dual federalism is the idea that the national and state governments are supreme in their own respective spheres. This has been replaced with cooperative federalism, with each level of government sharing overlapping powers. E. Dual federalism is the idea that the national and state governments are supreme in their own respective spheres. This has been replaced with cooperative federalism, with each level of government sharing overlapping powers. Copyright © 2011 Cengage

Warm-up balance budget Center on Congress  let’s decide the federal spending priorities Center on Congress  let’s decide the federal spending priorities eractive-learning-modules eractive-learning-modules eractive-learning-modules eractive-learning-modules What are some surprises? What are some surprises? What do you agree with? What do you agree with? What do you disagree with? What do you disagree with? Copyright © 2011 Cengage

Q1 The Founding Fathers devised a federal system for all of the following reasons EXCEPT: The Founding Fathers devised a federal system for all of the following reasons EXCEPT: A. Federalism is one method for checking government’s power and protecting personal liberty A. Federalism is one method for checking government’s power and protecting personal liberty B. concentrating power in a single entity might create tyranny B. concentrating power in a single entity might create tyranny C. under the Articles of Confederation, the national government was too dependent on the states for survival C. under the Articles of Confederation, the national government was too dependent on the states for survival D. a federal system provides balance of power between the state and national governments D. a federal system provides balance of power between the state and national governments E. federal systems were common throughout the world and were proven to be effective E. federal systems were common throughout the world and were proven to be effective Copyright © 2011 Cengage

answer E. federal systems were uncommon when the Constitution was written and they are relatively rare today. There are only eleven countries with federal systems E. federal systems were uncommon when the Constitution was written and they are relatively rare today. There are only eleven countries with federal systems Copyright © 2011 Cengage

Q2 Which of the following Constitutional provisions has been interpreted as weakening the Tenth Amendment? Which of the following Constitutional provisions has been interpreted as weakening the Tenth Amendment? A. the full faith and credit clause A. the full faith and credit clause B. the supremacy clause B. the supremacy clause C. the ninth amendment C. the ninth amendment D. the necessary and proper clause D. the necessary and proper clause E. the extradition clause E. the extradition clause Copyright © 2011 Cengage

answer D. the necessary and proper clause, also known as the elastic clause, gives to the national government any power important for carrying out its expressed powers. As a result, the power of the national government was expanded relative to state power D. the necessary and proper clause, also known as the elastic clause, gives to the national government any power important for carrying out its expressed powers. As a result, the power of the national government was expanded relative to state power Copyright © 2011 Cengage

Q 3 A couple who got married in Virginia moves to Florida. Must Florida accept the couple’s marriage as valid? A couple who got married in Virginia moves to Florida. Must Florida accept the couple’s marriage as valid? A. no, because each state may set its own requirements for marriage. A. no, because each state may set its own requirements for marriage. B. yes, but Florida may charge an additional fee for authenticating the marriage certificate B. yes, but Florida may charge an additional fee for authenticating the marriage certificate C. yes, because of the privileges and immunities clause C. yes, because of the privileges and immunities clause D. yes, because of the full faith and credit clause D. yes, because of the full faith and credit clause E. it depends upon whether Virginia and Florida have reached a reciprocity agreement E. it depends upon whether Virginia and Florida have reached a reciprocity agreement Copyright © 2011 Cengage

Answer D. the full faith and credit clause requires states to respect one another’s laws, records, and court decisions. D. the full faith and credit clause requires states to respect one another’s laws, records, and court decisions. Copyright © 2011 Cengage

Federal-State Relations Grants-In-Aid Grants-In-Aid Meeting National Needs Meeting National Needs The Intergovernmental The Intergovernmental Lobby Lobby Categorical Grants Categorical Grants Rivalry Among the Rivalry Among the States States Copyright © 2011 Cengage Some of the nation’s greatest universities, such as the University of California at Los Angeles, began as land-grant colleges. p. 64 David Young-Wolff/PhotoEdit

Grants-In-Aid Money given by the national government to the states Money given by the national government to the states Began before the Constitution passed Began before the Constitution passed Land grants to finance education, build wagon roads, canals, railroads Land grants to finance education, build wagon roads, canals, railroads Copyright © 2011 Cengage

UW Oshkosh Copyright © 2011 Cengage

Money!

Grants-In-Aid Also use cash Also use cash Ex. $200,000 to states to pay for militias, states in charge of size, deployment, command of troops Ex. $200,000 to states to pay for militias, states in charge of size, deployment, command of troops Today, Medicaid Today, Medicaid Copyright © 2011 Cengage

State militias Copyright © 2011 Cengage

Grants-In-Aid Grew rapidly Grew rapidly States got access to taxing power of federal government States got access to taxing power of federal government Copyright © 2011 Cengage

Grants-In-Aid Attractive to states for the following Attractive to states for the following 1. money was there (1880s) 1. money was there (1880s) s Federal income tax s Federal income tax 3. Federal gov’t managed and printed money (didn’t have to pay it back it was from itself) 3. Federal gov’t managed and printed money (didn’t have to pay it back it was from itself) 4. politics (federal government took responsibility, states could spend it) 4. politics (federal government took responsibility, states could spend it) Copyright © 2011 Cengage

Grants-In-Aids today 1960s to present (federal government gives money based on what it perceives as nationally important) 1960s to present (federal government gives money based on what it perceives as nationally important) Aids urban poor, combat crime, reduce pollution, deal with drug abuse…etc. Aids urban poor, combat crime, reduce pollution, deal with drug abuse…etc. Copyright © 2011 Cengage

Drug use in USA Copyright © 2011 Cengage

Intergovernmental Lobby Made up of mayors, superintendents, public health directors, local police chiefs Made up of mayors, superintendents, public health directors, local police chiefs Goal  Press for national money with fewer strings attached Goal  Press for national money with fewer strings attached Copyright © 2011 Cengage

Categorical Grants Federal grants for specific purposes Federal grants for specific purposes Ex. Build airport, college dorm, welfare checks Ex. Build airport, college dorm, welfare checks States complain because they need to also pay towards the construction States complain because they need to also pay towards the construction Copyright © 2011 Cengage

General Mitchell Airport Copyright © 2011 Cengage

Warm-up Federalism political cartoon

Block Grants Goal  Give states and local governments more freedom to decide how to spend the money Goal  Give states and local governments more freedom to decide how to spend the money “No strings attached” “No strings attached” Copyright © 2011 Cengage

Block Grants Didn’t work as states hoped Didn’t work as states hoped 1. Money didn’t grow in grants liked states hoped 1. Money didn’t grow in grants liked states hoped 2. Federal gov. increased the strings attached 2. Federal gov. increased the strings attached 3. politics  States wanted to create conditions of spending 3. politics  States wanted to create conditions of spending 4. So broad, no single interest group has a stake in them…don’t fight for them as hard 4. So broad, no single interest group has a stake in them…don’t fight for them as hard Copyright © 2011 Cengage

Rivalry among states Grants determined by state population/formula Grants determined by state population/formula Power shifting to South, South West, far West Power shifting to South, South West, far West Copyright © 2011 Cengage

Source: Budget of the U.S. Government, Fiscal Year 2009.

New York police check backpacks as passengers enter a ferry when the city was on high alert in p. 65 Copyright © 2011 Cengage

Figure 3.2 The Changing Purpose of Federal Grants to State and Local Governments Note: Totals may not add up to 100 percent because of rounding. Source: Budget of the U.S. Government, Fiscal Year 2007, table 12.1.

Copyright © 2011 Cengage Federal Aid and Federal Control Mandates Mandates Conditions of Aid Conditions of Aid Mario Tama/Getty Images

Mandates Terms set by the national government that states must meet whether or not they accept federal grants Terms set by the national government that states must meet whether or not they accept federal grants Copyright © 2011 Cengage

Mandates Most concern civil rights, environmental protection Most concern civil rights, environmental protection Ex. Pollution control laws, safe drinking water laws antidiscrimination on race, sex, age, ethnicity Ex. Pollution control laws, safe drinking water laws antidiscrimination on race, sex, age, ethnicity School desegregation best known example School desegregation best known example Copyright © 2011 Cengage

Mandates May provide waiver  decision by an administrative agency granting some other part permission to violate a law or rule May provide waiver  decision by an administrative agency granting some other part permission to violate a law or rule Copyright © 2011 Cengage

Conditions of aid Required by federal government for states to take the money Required by federal government for states to take the money Ex. States must conduct environmental impact study, hire so many local workers..etc. Ex. States must conduct environmental impact study, hire so many local workers..etc. Copyright © 2011 Cengage

Conditions of Aid States complain that they must pay too much for these conditions States complain that they must pay too much for these conditions Usually bargain to find the best conditions Usually bargain to find the best conditions Copyright © 2011 Cengage

A Devolution Revolution? Devolution shifts many federal functions to the states. Devolution shifts many federal functions to the states. Most Americans favor devolution, but not if that means cuts in government programs that benefit most citizens. Most Americans favor devolution, but not if that means cuts in government programs that benefit most citizens. What have been the consequences of devolution? What have been the consequences of devolution? Copyright © 2011 Cengage

A woman who heads a faith-based organization works with a jailed teenager to help him overcome his problems. p. 70 Copyright © 2011 Cengage Robin Nelson/Corbis

Congress and Federalism WHY IS THERE SO MUCH POLITICAL AND POLICY DIVERSITY IN THE UNITED STATES? State and local governments have retained certain constitutional protections. State and local governments have retained certain constitutional protections. Members of Congress think of themselves as representatives of localities to Washington, not as representatives of Washington to the localities. Members of Congress think of themselves as representatives of localities to Washington, not as representatives of Washington to the localities. Copyright © 2011 Cengage

MEMORANDUM To: Representative Sue Kettl From: Grace Viola, chief of staff Subject: Faith-based preemption bill As requested, I have researched state-funding policies. The main finding is that the state laws do hobble getting federal dollars to the religious groups that have been doing most of the actual recovery work. The immediate question before you is whether to sign on as a co-sponsor to the bill. Copyright © 2011 Cengage WHAT WOULD YOU DO?

Arguments for: 1. Congress has already passed at least four laws that permit federal agencies to fund faith-based groups that deliver social services, subject to prohibition against using any public funds for proselytizing or such. 2. The faith-based organizations functioned as first responders when the hurricanes hit, and have since supplied billions of dollars worth of manpower and materials. 3. Some legal experts say that the existing laws already preempt the contrary state ones; besides, it polls great (75 percent in favor nationally, even higher in your district). Copyright © 2011 Cengage WHAT WOULD YOU DO?

Arguments against: 1. You have traditionally argued in favor of states’ rights and the separation of church and state. 2. Praiseworthy though their civic good works have been, some of the religious groups involved in the cleanup and recovery have beliefs and tenets that seem discriminatory (a few even refuse to hire people of other faiths). 3. Expressly preempting more state laws could come back to bite us when it comes to state laws that we favor over contrary federal ones. Copyright © 2011 Cengage WHAT WOULD YOU DO?

Your decision: Support bill? Oppose bill? Copyright © 2011 Cengage WHAT WOULD YOU DO?