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
Written Conversation in Class
Objectives
• 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
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
SUPREME COURT CASES
Federalism Timeline
• Dual Federalism (Layer Cake)
– 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
Federalism
• WhyDynamics
the power of
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
1930’s
• 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
Federalism
• Why the
power shiftedof
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? 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
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
• Why would this be
popular with state
• $30.2 for 5 years and then
officials?
extended- 2/3 to local
• Public safety,
governments
transportation, health,
• Congress gives an annual
recreation, libraries,
social services
amount of federal tax
revenue to the states and
their cities, counties, and
townships.
• People don’t trust the federal
government decisions.
•
Grantsin
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