1. Changes in Federalism
Federalism

2. Why did this arrangement change?
Federalism
Why?
Why did this arrangement change?

3. Dual Federalism
Federalsim

4. Federalism Dual Federalism
Original plan under 10th Amendment sets up idea of “Dual Federalism”
Some powers are specifically given to the national government. Everything else is up to the states to decide.
This form dominated American govt until the civil war. Arguments between
“national govt” and “state rights”

5. Federalism Dual Federalism Dual Federalism
Best suited to allow “states’ rights”
and flexibility.
National and state governments
have separate areas of policy
This is called “layer cake” federalism – layers are separate
This gives states more control over their own policies – “local controls”

6. Cooperative Federalism
Federalismn

7. Federalism Amendment 14 Fourteenth Amendment
Intended to give citizenship to people who had been enslaved. Included other protections for them
Equal Protection Clause – states must treat all people equally under the law.
Due Process Clause – states can’t deny anybody
life, liberty, or property without due process of law
These limit the states’ ability to have total
control over many policies

8. Federalism Cooperative Federalism Cooperative Federalism
National government puts some limits on most of state’s flexibility in policy areas
Lots of shared areas of policy – because the national govt controls the states
This is called “marble cake” federalism – there is more mixing
This gives national govt more control over what the states can do in their policy areas

9. Federalism Division of Powers Education Reserved Powers
No child Left Behind, Desegregation, Common Core
Education
Obamacare, Health Insurance laws, Medicaid
Reserved Powers
Health & Safety
National Speed Limit 55 from
Speed limits
Must allow same sex marriage, can’t ban interracial marriage
Marriage laws
Increased security requirements after 9/11
Drivers’ licenses
Drinking age 21
Alcohol laws
Must allow all races, genders, people over 18
Voter Requirements
State governments do things that are different from state to state

10. Evaluating Cooperative Federalism
Allows the national govt to force states to have more uniform policies – less discrimination
People feel the national govt has too much power over state issues – takes away advantage of local govt for local needs

11. Cooperative Federalism
Mandates
National government orders the states to do something. They must follow the order
Sometimes the national govt gives money to pay for it, sometimes they don’t.
Unfunded
Mandates
The national govt makes the states do something, but the states have to find a way to pay for it.

12. Fiscal Federalism
Federalism

13. Federalism Fiscal Federalism Fiscal Federalism
The national govt can get the states to do what it wants by giving them money
National govt has more capacity to raise revenue than states. States HAVE to balance budgets; National can run deficits.
The states need national money. They will change policies in order to get more money

14. National govt gets nothing out of it. This stopped in the 1970s.
Federalism
Fiscal Federalism
The national govt can get the states to do what it wants by giving them money
Grant in aid Programs
Revenue Sharing
National govt used a formula to just give tax surpluses to states to help make ends meet.
National govt gets nothing out of it. This stopped in the 1970s.

15. Federalism Fiscal Federalism Competitive Grant Project Grant
National govt offers money as a prize. The state that can meet a goal first gets the money
Ex: TN wins Obama’s “Race to the Top” in education reform
National govt gives money that can only be spend on a project, usually research
Ex: University wins a 3 year grant to fund disease prevention research

16. Federalism Fiscal Federalism Block Grant Categorical Grant
For a broad purpose.
Has no strings attached.
State gets to decide how to spend the money.
For a specific purpose
Has strings attached
National govt tells states how to spend money & what to do to get the money

17. EX: Education Block Grants for States
Federalism
Fiscal Federalism
Block Grant
Categorical Grant
EX: Education Block Grants for States
TN builds schools
MS hires new teachers
KY improves colleges
EX: Highway Funding
If states have a drinking age of 21, USA gives them a grant to pay for highway maintenance

18. Cross Cutting Requirements
Federalism
Fiscal Federalism
The national govt will match whatever the state spends on a project – incentivizes them to do a project because it’s half the cost
Matching Funds
If national govt gives a grant to something, national requirements get imposed on ANYTHING connected to the money
Cross Cutting Requirements
National govt gives money for one policy or project, but requires a policy change in something unrelated
Crossover Sanctions

19. New Federalism
Federalism

20. Federalism Fiscal Federalism New Federalism
From the SCOTUS ruled in favor of the national govt in EVERY conflict over National/State policy using commerce clause
Nixon & later Reagan (Republicans) advocated for less national government control over what had been state policies
New Federalism
The trend in 1970s-1990s to return some policy making powers to state governments

21. Federalism Fiscal Federalism Devolution
The national govt. gives policy making decisions back to the states
Shifts powers BACK to the states
Gave federal owned lands to states to do different things with
Ended the national speed limit
Let states decide what the qualifications for welfare were

22. Bigly Ideas
Constitution

23. Cooperative Federalism
History
Wrap Up
Dual Federalism
Cooperative Federalism
Mandates
Block vs Categorical
Focus on these things:
Devolution