Upload
clarence-stephens
View
221
Download
1
Tags:
Embed Size (px)
Citation preview
Governmental Structure
Federalism: a political system where local government units can make final decisions regarding some governmental activities and whose existence is protected
Unitary System: local governments are subservient to the national government
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 2
Why “Federalism” Matters
Federalism is behind many things that matter to many people:
Tax rates
Speed limits
Liquor laws
School funding
Health insurance
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 6
Figure 3.1: Lines of Power in Three Systems of
Government
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 7
Figure 3.1: Lines of Power in Three Systems of
Government
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 8
Figure 3.1: Lines of Power in Three Systems of
Government
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 9
Federalism: Good or Bad?
Bad:
Source of confusion and/or controversy, particularly during times of crisis
Impedes progress and caters to local interests
Good:
Contributes to governmental strength, political flexibility, and fosters individual liberty
Federalist #10 - small political units allow all relevant interests to be heard
Federalism increases political activity
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 10
Federalism: A Bold New Plan
No historical precedent
Tenth Amendment was added as an afterthought to clarify the limits of the national government’s power
Elastic language in Article I: Necessary and Proper Clause expands federal power
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 11
Federalism as seen by PoliSci Pros
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 12
Debating the Meaning of Federalism
McCulloch v. Maryland (1819)
Could Congress charter a national bank? Yes, even though this power is not explicitly in the Constitution (Necessary and Proper Clause)
Could states tax the national bank? No, because “the power to tax is the power to destroy”
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 13
Dual FederalismBelief that the national government is supreme in its sphere, but the states are equally supreme in theirs.
These spheres should be kept separate
This idea was pretty much abandoned, particularly in the area of commerce.
However, recent Supreme Court decisions have moved to strengthen states’ rights.
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 15
Federal-State Relations
Grants-in-aid:
Dramatically increased in scope in 20thcentury
Attractive to states for both economic and political reasons
Federal activists work with intergovernmental lobbying groups to determine how and when grants are awarded
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 16
Federal-State Relations
Categorical grants: for specific purposes defined by federal law; often require local matching funds
Block grants: devoted to general purposes with few restrictions—states preferred block to categorical grants
Revenue sharing: requires no matching funds and can be spent on almost any governmental purpose
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 17
Figure 3.2: The Changing Purpose of Federal Grants to State and Local GovernmentsCopyright © Houghton Mifflin Company. All rights reserved.
3 | 18Budget of the U.S. Government, Fiscal Year 2005, table 12.2.
Table 3.1 Federal Grants to State and Local Governments (Federal Fiscal Year
2006)
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 19
Federal Aid and Federal ControlMandates: federal rules that states or localities must obey, whether or not they accept federal grants
When the federal government spends less on a preferred policy, it will pressure the states to spend more in that area
Conditions of aid: tell state governments what they must do if they wish to receive grant money
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 20
A Devolution Revolution?
During Reagan’s presidency, efforts were made to consolidate categorical grants and change them to larger “block grants”, which have fewer strings attached to them.
This was the beginning of the devolution effort, which aimed to pass down many federal functions to the states
Recent studies show that the success of devolution was limited
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 21
The Devolution Revolution
Second-order devolution: the flow of power and money from the states to local governments
Third-order devolution: the increased role of nonprofit organizations and private groups in policy implementation
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 22
PreemptionExpress preemtion: a federal law or regulation containing language explicitly displacing or superceding any conflicting state or local laws
Implied preemtion: a federal law or regulation that directly conflicts with existing state laws, in the areas of intent or implementation
Copyright © Houghton Mifflin Company. All rights reserved.
3 | 23