Notes for the last couple of days
Unit 2 – The Constitution and Federalism
Homework: Finish reading Chapter 3
Lesson:
Ask: Define Federalism.
States interaction under Federalism:
1) Full faith and credit clause – Article VI of the Constitution requires each state to
recognize the official documents and civil judgments rendered by the courts of
other states. (Ex. Business contracts, marriages) Must recognize the laws &
contracts of other states.
2) Extradition – transferring of criminals between states. (Washington DC, Virginia,
Maryland, - Lee Boyd Malvo and John Allen Muhammad – Arrested in Maryland, tried in
Virginia first – Death Penalty in Va.) or (John Mark Karr – JonBenet Ramsay
professed killer fraud – extradited to California for 5 child pornography
counts)
3) Privileges and immunities clause – a clause in Article VI, Section 2, of the
Constitution according citizens of each state most of the privileges of citizens of
other states. (Many exceptions – tuition, vote, driving licenses, gay marriages)
National & State Interactions under Federalism:
Dual Federalism – a system of government in which both the states and the
national government remain supreme within their own spheres, each
responsible for some policies.
(Each government is largely independent of each other.)
(Federal – military, postal service, monetary policy)
(States – education, law enforcement?, road building?)
Strict Constructionist, Seems to give more power to states while limiting
federal power.
It is supposed to be: Delegated powers vs. Reserved powers
Ex. Reserved powers – education, elections, slavery, abortion, marriage,
Ask: Has Dual Federalism ever been realistic?
Never had a pure dual system:
1) North West Ordinance – set aside land for schools.
2) During Civil War – Morrill Act (1862) – set up agricultural schools
3) 1958 – National Defense Education Act – response to Sputnik,
investment in Science (and foreign language)
4) Today, most districts receive national, state, & local funding (federal
law – desegregation, Americans with Disabilities Act)
5) 1956 – Eisenhower’s Interstate Highway System
6) 1996 – Defense of Marriage Act (DOMA) – don’t have to recognize
another state’s gay marriage
Cooperative Federalism – A system of government in which powers and policy
assignments are shared between the states and the national government.
They may also share costs, administration, and even blame for programs
that work poorly. Marble Cake, not layered cake
Involves:
1) Shared costs
2) Federal guidelines
3) Shared administration – Dept. of Labor provides billions for job ret=training, states create programs. Think Economies of scale.
Fiscal Federalism
Definition – The pattern of spending, taxing, and providing grants in the federal system;
it is the cornerstone of the national government’s relations with state and local governments.
In other words – the National Government uses the disbursement of money to get states
to do what it wants. This money is called a grant. 2000 – Over $280 Billion from federal
government to states and localities. (ex. Drinking age to 21)
Unit 2 – The Constitution and Federalism
Homework: 1) Study for Unit 2 Test (notes and test bank)
2) Work on Term Paper
Lesson:
Types of Grants:
1) Categorical Grants – $$ can only be used for specific purposes (strings
attached) (Because of the system of Federalism and what level of
government has which power & the idea of states’ rights, federal law that
applies to states is often vague for constitutional reasons. The grants are
a carrot for states to do as the national government wants.)
(Categorical is the Most Common)
Common strings: nondiscrimination provision, can’t pay below union
Wage, community involvement in planning
Mandates: requirements that direct states or local governments to comply
with federal rules under threat of penalties or as a condition of
receipt of a federal grant.
Cross-over sanctions: using federal dollars in one program to influence
state and local policy in another (ex. Drinking age to 21)
Cross-cutting requirements: when a condition on one federal grant is
extended to all activities supported by federal funds, regardless of
their source. (Ex. Discrimination, environmental protection,
historic preservation, “secular humanism”=godless communism)
a) Project Grant – competitive applications (ex. National Science
Foundation grants)
b) Formula Grants - $$ is distributed according to a formula (different
depending upon legislation) (based upon population, per capita
income, rural population) (ex. Medicaid, public housing, child
nutrition, training programs …)
2) Block Grants - $$ that can be used to support broad programs
First started in 1966 (LBJ)
3) Revenue sharing – no strings attached (LBJ), very small amount, axed by
Reagan in 1987
Federal money that is doled out to constituents is often referred to as “pork” or “pork barrel
spending.” Voters criticize it as a waste of government spending, spending money on legislators
“pet” projects, but in the end, we all want a share of it.
http://www.cagw.org/site/PageServer
Worst culprit – Senator Ted Stevens (R-Alaska)
October 2005 Wastewatcher: Sen. Stevens has helped the Alaska Fisheries
Marketing Board (AFMB) get $29 million from federal taxpayers since 2003. The board gave Alaska
Airlines $500,000 to paint a giant king salmon on one of its jets and to distribute fishing industry-themed
bookmarks to passengers. The AFMB is a murky group, with members that include business partners
Trevor McCabe (former aide to Ted Stevens) and state Sen. Ben Stevens (son of Ted Stevens).
Pork per Capita
Year
Rank
2006
Total Pork
Pork per Capita
1
$325,106,000
$489.87
2005
1
$645,502,000
$984.85
2004
1
$524,329,000
$808.13
2003
1
$393,346,750
$610.99
2002
1
$451,334,278
$710.88
2001
1
$480,297,000
$766.11
2000
1
$394,514,000
$636.83
Grants can pay for an entire undertaking (fully funded) or it can partially fund a program.
Read Pork Legislation from Lawler’s file cabinet.
Unit 2 – The Constitution and Federalism
Homework: 1) Study for Unit 2 Test (notes and test bank)
2) Work on Term Paper
Lesson:
Pros & Cons of Federalism: (No answers were on the website)
Federalism and Democracy
Advantages for Democracy:
Greater access to/participation in government – more than 87,000
governments
Governments can be more responsive to people’s needs
Specific industries have close ties to some state/local governments
Oil – Texas
Different public policy / policy agendas depending upon concerns of the
local people (Death penalty, abortion, education, air pollution)
Disadvantages for Democracy:
Different states have different resources, poorer states can assist
constituents less. (Ex. Quality of education – chart, money for the
poor – Alaska $923 per month, Mississippi $120)
Local concerns may thwart national ambitions (civil rights in South –
voting, Jim Crow, education, black codes)
Difficult to know all involved with different levels of government
(On website)
(94) Federalism and the Growing Scope of the National Government
Quotas – can’t sell more than a certain amount (Japanese cars – Reagan)
Subsidies – providing money to support an industry (1980’s – Savings & Loans, 2005
California - $3 Billion for Stem Cell Research, After Sept 11, bailout of airlines,
Federal bailout of Chrysler in late 1970’s early 1980’s)
National Bank
Protective tariffs
Regulation – Anti-trust laws, ICC, FCC, SEC
National Government spending – 20% of GDP, states are 9%
Many needs cross state lines (air & water pollution, business regulations of MNC)
Ask: Is the issue of states’ rights dead?
NO!!!
Death Penalty – approximately 39 states
Right to Die – Oregon’s “Death with Dignity” law – approved by voters in a state wide
referendum was upheld by the Supreme Court in January 2006. Other states are
considering similar measures (i.e. California, Vermont)
Abortion restrictions
Welfare
Taxes (and their purpose)
Education
Size & scope of government
Gay Marriage ( for now)
Show overheads