Defining federalism Citizens elect officials to each level of govt Each level of government taxes citizens Each level has a primary responsibility for certain areas of public policy

Unitary System Power is in hands of national government Subnational units are administrative, not political School text in France and US

How many govts are there? 1 federal government 50 state governments 3,000 counties 19,000 municipalities Townships 17,000 14,000 School districts 31,555 Special districts (i.e. Port Authority)

Constitutional Basis Article 1, Section 8 Article 6-Supremacy Clause Congress shall do what is "necessary and proper" and “general welfare” Article 6-Supremacy Clause "supreme law of the land" 10th Amendment powers not delegated to federal gov’t are "reserved to the states" (or the people)

Dual or Traditional Federalism 1789-1937, Layer cake model two distinct layers of government Separate powers and spheres of influence Feds, internal improvements, tariffs, etc States- commerce, banking, insurance, slavery, health, education, criminal, etc Hammer v. Dagenhart (1918).

The Demise of Dual Federalism Great Depression, 25% of the entire workforce unemployed Federal Emergency Relief Act of 1933 and first 100 days Switch in time that saved 9 up to Congress, not the courts, to decide what constitutes the general welfare

Cooperative Federalism Eisenhower Era Interstate Highways Urban Renewal Airport Construction Great Society programs Medicaid and Medicare Education Aid Model Cities Today Clinton crime, education policy Bush drug, education policy

Categorical grants Transfer of funds from feds to states Used to deal with national problems interstate highways, poverty, crime, education, pollution Categorical grants specified use of money Alabama Syndrome

Marble Cake Federalism What does a marble cake look like? Example of Saratoga County Public health officer Hard to find any governmental activity which does not involve all three levels of federal system

New Federalism 1968-present Reduce the power of the national government Reduce aid to urban minorities (Model Cities, War on Poverty)

Block Grants provided unrestricted grants to states and localities Entitlement, not competition

Reagan’s New Federalism More block grants, less money Federal aid to state and local govts fell by 39%. Buffalo 1977- 31% of their revenues from Washington, by 1992 they got only 6%.

Reagan’s New Federalism Cake Analogy? You can make any kind of cake you want You have fewer ingredients Have to pay for it yourself cake

Popular Support In which of the following people in government do you have the most trust and confidence? Federal government 19% State government 22% Local government 37%

Popular Support Which level of government does the best job of dealing with the problems it faces Federal government 14% State government 21% Local government 41%

Coercive or Regulatory Federalism, 1980- Democratic Unfunded Mandates Asbestos Hazard Emergence Act of 1986 Safe Drinking Water Act 1986 Americans with Disabilities Act of 1990 National Voter Registration Act of 1993 GOP Unfunded Mandates No Internet taxation Baking Analogy- You can have any cake you want as long as it has chocolate

Constitution & Federalism Redux Fed #51 “ a double security against majority tyranny” Divide the power of government within the levels of government (sep of powers) but also across governments (between state and national governments) Different governments will control each other against the oppression of governments

Constitution Article 1, Section 8 10th Amendment Congress shall do what is “necessary and proper” to promote “interstate commerce” 10th Amendment powers not delegated to federal government are "reserved to the states or the people” Supreme Court’s changing interpretation of the commerce clause

Revisiting the Commerce Clause 21 drinking Age and highway funding US v. Lopez Gun Free School Zones Act of 1990 Does it relate to commerce

Violence Against Women Act What does it do? Facts of Brzonkala v. Morrison Is it constitutional? What are consequences for limited government if VAWA is constitutional?

VAWA Federal civil rights remedy for rape victims “all persons within the United States shall have the right to be free from crimes of violence motivated by gender... . " Victims of a "crime of violence motivated by gender" may bring a civil action against his or her attacker in federal court Brzonkala v. Morrison Federalism and limited government

Why Federalism Matters Determines who pays (welfare $148 v. $360) Determines how much uniformity of policy there will be (death penalty) Determines who makes the decisions (textbooks) Determines accountability

Basic Tradeoff a more centralized system is likely to be more uniform, equitable, and accountable decentralized system is likely to be more democratic and flexible

Who should make decision on… Marriage Death penalty Environmental standards Education Gun Control Welfare reform

Benefits of Federal System Diversity of Needs Enhances popular sovereignty Proximity to Citizens Local control Innovation and Experimental Lab

Disadvantages of Federalism exacerbates economic inequalities. justice varies from state to state allows local minorities to block the will of national majorities (civil rights) Spillover effects and competition

Regulatory Federalism 1980- current era Natl govt sets standards for states and coerces states to meet goals Natl Standards: eliminate discrimination in public employment, upgrade prison conditions, offer classroom instruction in the native language of foreign students, provide wastewater treatment at advanced technological levels, protect the health and safety of workers in private industry, provide a free public education to handicapped children. Rise in Unfunded mandates

General Trends Primary constraints are political, not constitutional Federal role is reduced Intense state experimentation Bipartisan belief in devolution