AMERICAN AMERICAN FEDERALISMFEDERALISM

Cont’dCont’d

May 26, 2003May 26, 2003

Level of CentralizationLevel of Centralization

Confederation

Large Unitary Gov’t

Federalism

Decentralized Federation

Centralized Federation

US 2002US 2002

Small Unitary Gov’ts

US 1789US 1789

Indicators of CentralizationIndicators of Centralization

• size of the federal governmentsize of the federal government– expenditures, programs, budgetsexpenditures, programs, budgets

• federal grants-in-aid, mandatesfederal grants-in-aid, mandates– federal inducements/requirements that states federal inducements/requirements that states

undertake certain actionsundertake certain actions

• federal preemptionfederal preemption– regulation of interstate commerceregulation of interstate commerce

Centralization in ContextCentralization in Context

• examples of differences in the exercise of examples of differences in the exercise of powers reserved for the statespowers reserved for the states– the death penaltythe death penalty

– right to die (e.g. assisted suicide)right to die (e.g. assisted suicide)

– gun controlgun control

– referendums/initiativesreferendums/initiatives

American FederalismAmerican Federalism

• explanations of centralizationexplanations of centralization– idea of “one nation”idea of “one nation”

• E Pluribus UnumE Pluribus Unum• American civil warAmerican civil war• citizen demands for rights to be extended equally across citizen demands for rights to be extended equally across

the nationthe nation– representation of state interests representation of state interests withinwithin the national the national

government as opposed to representation through government as opposed to representation through relations between state governments and national relations between state governments and national governmentgovernment

• the Senate!the Senate!

The New FederalismThe New Federalism

• the devolution revolutionthe devolution revolution– 1980-20021980-2002

– peaked in 1994 with Contract with Americapeaked in 1994 with Contract with America

The “New” FederalismThe “New” Federalism1980-20001980-2000

(Confederation)

Large Unitary Gov’t

Federalism

Decentralized Federation

Centralized Federation

US 1980US 1980

Small Unitary Gov’ts

The Devolution RevolutionThe Devolution Revolution

• causes and underlying issuescauses and underlying issues– about limiting governmentabout limiting government– still about issues relating to racialized politicsstill about issues relating to racialized politics

• e.g. welfare reforme.g. welfare reform

The Devolution RevolutionThe Devolution Revolution• Thoedore LowiThoedore Lowi

– devolution is about dual federalism and dual devolution is about dual federalism and dual citizenshipcitizenship

– proponents of devolution believe... proponents of devolution believe... • states rights should predominate on issues of race, states rights should predominate on issues of race,

class and genderclass and gender• this was the case from 1930-1960 but was this was the case from 1930-1960 but was

abrogated during the 1960s and 1970sabrogated during the 1960s and 1970s• devolution is an attempt to return to the proper state devolution is an attempt to return to the proper state

of thingsof things

– explains idiosyncratic patterns of federal vs. explains idiosyncratic patterns of federal vs. state dominancestate dominance

Federalism After 9/11Federalism After 9/11

• fiscal politics – shifting federal/state fiscal politics – shifting federal/state balancebalance

• 9/11 ends “surplus politics” at the federal 9/11 ends “surplus politics” at the federal level for foreseeable futurelevel for foreseeable future

–increased security and defense costsincreased security and defense costs

–context of resistance to new taxation context of resistance to new taxation (support for tax relief)(support for tax relief)

Federalism After 9/11Federalism After 9/11

• fiscal politics – shifting federal/state fiscal politics – shifting federal/state balancebalance

• increased trust in governmentincreased trust in government– heroes of 9/11 – state & localheroes of 9/11 – state & local

• decreased federal emphasis on domestic decreased federal emphasis on domestic policy problemspolicy problems– states/local governmentstates/local government

The “New” FederalismThe “New” Federalism1980-20001980-2000

(Confederation)

Large Unitary Gov’t

Federalism

Decentralized Federation

Centralized Federation

US 1980US 1980

Small Unitary Gov’ts

Main Message!Main Message!

• federalism...federalism...– not simply a technical issue about which not simply a technical issue about which

gov’t is best placed to do whatgov’t is best placed to do what

– involves philosophical questions regarding involves philosophical questions regarding the overall role of governmentthe overall role of government• including issues of race!including issues of race!

Civil LibertiesCivil Liberties

May 26, 2003May 26, 2003

Civil Liberties -- What Are Civil Liberties -- What Are They?They?

• TYPES OF CIVIL LIBERTIESTYPES OF CIVIL LIBERTIES– FUNDAMENTAL FREEDOMSFUNDAMENTAL FREEDOMS

• ““Congress shall make Congress shall make nono law...” law...”

– LEGAL RIGHTSLEGAL RIGHTS• DUE PROCESSDUE PROCESS

– against unreasonable search and seizureagainst unreasonable search and seizure– against self-incriminationagainst self-incrimination

Civil Liberties -- What Are Civil Liberties -- What Are They?They?

• vs. Civil Rightsvs. Civil Rights– civil liberties adhere to individuals rather than civil liberties adhere to individuals rather than

groupsgroups– negative vs. positive freedomnegative vs. positive freedom

• civil liberties are about what government must civil liberties are about what government must notnot do; do; civil rights are largely about what government must docivil rights are largely about what government must do

Civil Liberties -- Absolute or Civil Liberties -- Absolute or Competing ClaimsCompeting Claims• competing claimscompeting claims

– individual rights vs. general welfareindividual rights vs. general welfare– competing rights claimscompeting rights claims

• trends (to 9/11)trends (to 9/11)– trend has been towards expansion of the definition trend has been towards expansion of the definition

and scope of civil libertiesand scope of civil liberties– fewer government actions on behalf of general fewer government actions on behalf of general

interest can justify limiting civil libertiesinterest can justify limiting civil liberties– more and more issues redefined as competing rights more and more issues redefined as competing rights

claims – claims – the legalization of politicsthe legalization of politics

Legalized Politics -- The Legalized Politics -- The ImplicationsImplications

• positive aspects of legalized politicspositive aspects of legalized politics– offers accessoffers access

– not based on popular opinionnot based on popular opinion

• negative aspects of legalized politicsnegative aspects of legalized politics– constrains general welfareconstrains general welfare

– atomizingatomizing

– style of politicsstyle of politics• adversarialadversarial• not prone to compromisenot prone to compromise

Security and Civil Liberties – An Security and Civil Liberties – An Altered Balance Post-9/11Altered Balance Post-9/11

• order/security vs. individual libertyorder/security vs. individual liberty

• USA PATRIOT ActUSA PATRIOT Act– broadened government ability to implement broadened government ability to implement

wiretappingwiretapping

– surveillance of emails and computerssurveillance of emails and computers

– power to detain and deport foreignerspower to detain and deport foreigners

– increased power to detect money launderingincreased power to detect money laundering