• Aim: How has Federalism changed over
the course of American History?
2 Federalisms?
• OLD SCHOOL – Dual
Federalism –
• AKA Layer Cake Federalism
– Federal and state
governments remain
dominant in their separate
spheres of influence
– A clear delineation of
authority among different
levels of government
• NEW SCHOOL – Cooperative
Federalism –
• AKA – Marble Cake
Federalism
• State and Federal
governments work together to
solve complex problems
• Mixing of authority and
programs among national,
state, and local levels
Dual Federalism (Layer Cake)
What about rights?
• Selective Incorporation: The practice of
the Supreme Court of applying guarantees
of the Bill of Rights to the states through
the Fourteenth Amendment
– Most guarantees of the Bill of Rights have
been incorporated (i.e. First Amendment
Protections, Due Process)
Cooperative or Marble Cake
Federalism – When did it begin?
• The New Deal created massive federal
programs that needed to be administered
on the state and local levels, but paid for
on the national level.
Federalism over the Past 50 Years
• Creative Federalism: Lyndon Johnson’s
Great Society programs caused states to rely
heavily on federal funding and led to greater
cooperation between the states and national
govt. in administering various programs.
• Competitive Federalism: Under Nixon, and
later under Reagan, states would take more
responsibility in administering programs, and
even develop programs of their own.
However, states had to meet minimum
requirements and adhere to mandates. (AKA
New Federalism, or Devolution)
Devolution:
• President Reagan, and Congress under
President Clinton sought to shift
responsibility to the states by increasing
block grants.
• Example is welfare reform: Aid to
Families with Dependent Children act
was replaced by the Responsibility and
Work Opportunity and Reconciliation
Act (Welfare Reform Act, 1996) – federal
grants to states for welfare was changed
from open ended entitlement to capped
block grants with certain stipulations.
Fiscal Federalism:
• Based on the funds provided by the national
government to the states, and what can be
done with them.
Grants in Aid
Categorical Grants
Block Grants
Revenue Sharing
Mandates
• Grants: Money given to states by the federal
government
• Categorical grants-in-aid: Federal grants for
specific purposes, i.e. building an airport
• Block Grants: money given to states for
programs in certain areas, but with much
broader guidelines
• Revenue Sharing: Federal sharing of a fixed %
of its revenue with the states
• In general, grants reflect national concerns:
education, crime, drug abuse, pollution
What types of
Fiscal
Federalism
would best be
applied to the
situation in
this cartoon?
Supremacy of the Federal Govt.
• Federal Control is maintained through
conditions of aid and mandates
– That is, a state must do what the Federal
govt. wants in order to receive money
• Categorical grants have increased at a
greater rate than block grants
Federal Power Applied to States
•
•
•
Americans With Disabilities Act- Bans
discrimination based on physical disability,
reasonable accommodations must be made,
access to public facilities
Civil Rights Act 1964 – Applied Federal rules
of antidiscrimination to states (equal
accommodations, banned literacy tests,
desegregation, banned discrimination in
employment)
Clean Air Act – Enforces minimum clean air
standards for pollution and auto emissions
across the nation. States may go beyond the
minimum.
Lobbying for Federal Money
• states actually lobby for federal money and compete: i.e.
Sunbelt v. Frostbelt
• States keep offices in Washington for purpose of
lobbying
Intergovernmental Lobby:
U.S. Conference of Mayors
National Governors Association
National Association of Counties
National League of Cities
National Conference of State Legislators
International City/County Management Association
• They all read “Governing Magazine”