AMERICAN FEDERALISM Cont’d May 26, 2003

Level of Centralization Confederation Large Unitary Gov’t Federalism Decentralized Federation Centralized Federation US 2002 Small Unitary Gov’ts US 1789

Indicators of Centralization size of the federal governmentsize of the federal government –expenditures, programs, budgets federal grants-in-aid, mandatesfederal grants-in-aid, mandates –federal inducements/requirements that states undertake certain actions federal preemptionfederal preemption –regulation of interstate commerce

Centralization in Context examples of differences in the exercise of powers reserved for the statesexamples of differences in the exercise of powers reserved for the states –the death penalty –right to die (e.g. assisted suicide) –gun control –referendums/initiatives

American Federalism explanations of centralizationexplanations of centralization – idea of “one nation” E Pluribus Unum E Pluribus Unum American civil war American civil war citizen demands for rights to be extended equally across the nation citizen demands for rights to be extended equally across the nation – representation of state interests within the national government as opposed to representation through relations between state governments and national government the Senate! the Senate!

The New Federalism the devolution revolutionthe devolution revolution – –peaked in 1994 with Contract with America

The “New” Federalism (Confederation) Large Unitary Gov’t Federalism Decentralized Federation Centralized Federation US 1980 Small Unitary Gov’ts

The Devolution Revolution causes and underlying issuescauses and underlying issues –about limiting government –still about issues relating to racialized politics e.g. welfare reforme.g. welfare reform

The Devolution Revolution Thoedore LowiThoedore Lowi –devolution is about dual federalism and dual citizenship –proponents of devolution believe... states rights should predominate on issues of race, class and genderstates rights should predominate on issues of race, class and gender this was the case from but was abrogated during the 1960s and 1970sthis was the case from but was abrogated during the 1960s and 1970s devolution is an attempt to return to the proper state of thingsdevolution is an attempt to return to the proper state of things –explains idiosyncratic patterns of federal vs. state dominance

Federalism After 9/11 fiscal politics – shifting federal/state balancefiscal politics – shifting federal/state balance 9/11 ends “surplus politics” at the federal level for foreseeable future9/11 ends “surplus politics” at the federal level for foreseeable future –increased security and defense costs –context of resistance to new taxation (support for tax relief)

Federalism After 9/11 fiscal politics – shifting federal/state balancefiscal politics – shifting federal/state balance increased trust in governmentincreased trust in government –heroes of 9/11 – state & local decreased federal emphasis on domestic policy problemsdecreased federal emphasis on domestic policy problems –states/local government

The “New” Federalism (Confederation) Large Unitary Gov’t Federalism Decentralized Federation Centralized Federation US 1980 Small Unitary Gov’ts

Main Message! federalism...federalism... –not simply a technical issue about which gov’t is best placed to do what –involves philosophical questions regarding the overall role of government including issues of race!including issues of race!

Civil Liberties May 26, 2003

Civil Liberties -- What Are They? TYPES OF CIVIL LIBERTIESTYPES OF CIVIL LIBERTIES –FUNDAMENTAL FREEDOMS “Congress shall make no law...”“Congress shall make no law...” –LEGAL RIGHTS DUE PROCESSDUE PROCESS –against unreasonable search and seizure –against self-incrimination

Civil Liberties -- What Are They? vs. Civil Rightsvs. Civil Rights –civil liberties adhere to individuals rather than groups –negative vs. positive freedom civil liberties are about what government must not do; civil rights are largely about what government must docivil liberties are about what government must not do; civil rights are largely about what government must do

Civil Liberties -- Absolute or Competing Claims competing claimscompeting claims –individual rights vs. general welfare –competing rights claims trends (to 9/11)trends (to 9/11) –trend has been towards expansion of the definition and scope of civil liberties –fewer government actions on behalf of general interest can justify limiting civil liberties –more and more issues redefined as competing rights claims – the legalization of politics

Legalized Politics -- The Implications positive aspects of legalized politicspositive aspects of legalized politics –offers access –not based on popular opinion negative aspects of legalized politicsnegative aspects of legalized politics –constrains general welfare –atomizing –style of politics adversarialadversarial not prone to compromisenot prone to compromise

Security and Civil Liberties – An Altered Balance Post-9/11 order/security vs. individual libertyorder/security vs. individual liberty USA PATRIOT ActUSA PATRIOT Act –broadened government ability to implement wiretapping –surveillance of s and computers –power to detain and deport foreigners –increased power to detect money laundering