Activity: Eras of Federalism( in class)  By Table Group: Research the following eras of federalism  Early Marshall Era  Dual  Cooperative  New ______________________________________ Not on chart (add to)  Picket Fence  Devolution Revolution  Coercive  Fill out the Federalism Chart

Types of Federalism: Dual  Dual Federalism  Belief in having separate but equally powerful branches and levels of government  State and national levels balance each other out  Powers are shared between state and local government  As federalism evolved concurrent powers became blurred and the distinction became less clear  “Layer Cake Federalism”

Dual: In this type of federalism, each level of government is responsible for some policy, and each government remains supreme within its own sphere or layer.

Evolution of Dual Federalism Gradual inceas in Fed. Power  1789 State’s Rights  1819 McCulloch V. Maryland (Necessary and Proper)  1824 Gibbons V. Ogden- Regulation of interstate commerce  No express limitation on regulation in the Constitution  1842 Prig v. Pennsylvania: extended power of federal gov.  Constitution gave Fed. Power to regulate slavery  Dred Scott: Limited role of Fed gov. to interfere in state’s rights (not a citizen)  Court could take case because of Diversity Jurisdiction: Art III, S: 2 Clause 1  th Amendment: Due Process Clause strengthens power of Fed.  1887 Interstate Commerce Commission formed: More power of commerce  1890 Sherman Anti-trust Act: Control monopolies and control economy

Cooperative Federalism  Belief that all the levels of government working together cooperatively can achieve more and solve common problems  16 th Amendment 1913 (power to tax income)  Popular in the Depression Era (1930’s)  Who fixes the economy?  Lasted into the 1970’s  Characterized by government funded programs such as the Works Progress Administration (WPA)  Centralized government needs a plan to deal with depression, civil rights, etc.…  Traditional boundaries are crossed.

Cooperative=Marble Cake Both levels of government work together. States carry out federal mandates. Duplication of effort by states and fed.

Creative/Picket Fence Federalism President Lyndon Johnson's Creative Federalism as embodied in his Great Society program, was a major departure from the past. It further shifted the power relationship between governmental levels toward the national government through the expansion of grant-in-aid system and the increasing use of regulations Creative Federalism and the Great Society. Creative Federalism and the Great Society sought to expand the national government's role in an effort to achieve socially desirable outcome Grants are used to coerce states’ compliance

New Federalism Phase 1  Nixon attempts to shift power to states to more effectively manage grants

Phase 2 and 3 (Devolution Revolution)  1980s-New Federalism: Phase II. Initiatives of the Ronald Reagan Administration stimulated the debate on the appropriate roles of federal, state, and local government. President Ronald Reagan tried to fundamentally restructure the system of governance.  1981-Omnibus Budget Reconciliation Act.  Tax cuts and reduction in programs  1992 to 1995-New Federalism: Phase III. The Bill Clinton's Administration sought to devolve greater authority to lower levels of government. E.G. welfare reform and the Contract with America  Devolution- is a policy of giving states power and responsibility for some programs.

Progressive and Coercive Federalism (Obama Era)  Some states are allowed to have greater control over issues normally reserved to the Federal Gov’t  California Emissions Standards are higher than much of the rest of the nation. Since the state has such a large population vehicles nationally will have to meet CA state standards.  In other areas the Federal Gov. uses grants, regulations, mandates, and direct orders to get states to do what it wants.

Fiscal Federalism Types of Federal Grants Categorical Grants Block Grants Project Grants Formula Grants Regulatory Federalism Federal Mandates Direct orders Coercive Federalism