Chapter 3: Federalism | American Politics Today, 2e: W. W. Norton Study. Space. What Is Federalism? Federalism is a form of government that divides sovereign power across at least two political units. Dr. Housing Bubble Blog focusing on real estate and investing. ©2016 Twitpic Inc, All Rights Reserved. Home Contact Terms Privacy. This is the State of the Union season, where our President will address the nation, Governors will address their respective states, and Mayors will address. Chapter Study Outline What Is Federalism? Federalism is a form of government that divides sovereign power across at least two political units. In the context of the United States, power is divided among the national and state governments so that each government has some independent authority. Concurrent powers, which are areas of policy that are the shared responsibility of federal, state, and local governments, demand a great degree of negotiation among the different government units to enact policy. Federalism in Comparative Perspective. A government is federalist only if it consists of at least two autonomous political subunits. Various forms of government are observed internationally, including: Unitary government: a system in which the national, centralized government holds ultimate authority. It is the most common form of government in the world. Confederal government: a form of government in which states hold power over a limited national government. This was the first form of government in the United States under the Articles of Confederation. Unitary systems are much more common than federal systems because federal systems are complicated and involve frequent disagreements over divisions of power. Federalism also has the potential to promote regional and ethnic separation but can serve as an important tool in settling differences within a country. Balancing National and State Power in the Constitution. The Founders wanted a strong national government to provide national security and a healthy and efficient economy. If any state law or constitution conflicts with national law or the Constitution, the national perspective wins. . reaching friends of Haiti all over the world to help us rebuild the country. Thank you. Dr. Jean T.. The Confederate States of America (CSA or C.S.), commonly referred to as the Confederacy, was a confederation of secessionist American states existing from. State autonomy is protected in many ways, including its power to choose the electoral college and to amend the Constitution. Furthermore, the Tenth Amendment reserves all powers not delegated to the United States by the Constitution for the states or the people, and the Eleventh Amendment prohibits citizens from suing the government of a state other than their own. Two other clauses of the Constitution are very important for federalism: Full faith and credit clause: part of Article IV of the Constitution requiring that each state’s laws be honored by the other states. For example, a legal marriage in one state must be recognized across state lines. Privileges and immunities clause: part of Article IV of the Constitution requiring that states must treat nonstate residents within their borders as they would treat their own residents. This was meant to promote commerce and travel between states. The Evolving Concept of Federalism. Ideology. Throughout the history of the United States, several clashes have occurred between proponents of nation- centered and state- centered federalism. Certain ideologies emerged to protect states’ rights: Doctrine of interposition: the idea that if the national government passes an unconstitutional law, the people of the states (through their state legislatures) can declare the law void States’ rights: the idea that states are entitled to a certain amount of self- government, free of federal government intervention Dual Federalism. From our nation’s early history through the 1. Under dual federalism, national and state governments are seen as distinct entities providing separate services. This model limits the powers of the national government to those strictly enumerated in the Constitution. Several disputes over the nature of federalism were resolved in the following landmark Supreme Court decisions: Chrisholm v. Georgia (1. 79. 3): allowed citizens of one state to sue citizens of another state; led to the Eleventh Amendment, which prohibited such lawsuits. Mc. Culloch v. Maryland (1. Barron v. Baltimore (1. U. S. citizen under the Bill of Rights did not apply to the same person under state law. Dred Scott v. Sandford (1. Missouri Compromise violated the 5th Amendment, since making slavery illegal in some states deprived slave owners of property; contributed to the start of the Civil War. National Labor Relations Board v. Jones & Laughlin Steel Corporation (1. National Labor Relations Act of 1. Congress’s commerce clause powers, reversing the Court’s more narrow interpretation of that clause. The Supreme Court also aimed to limit the power of the federal government through commerce clause powers, which delineate Congress’s ability to regulate the economy in Article I, Section 8, of the Constitution. Clear boundaries between interstate and intrastate commerce were defined, and Congress is prohibited from regulating any economic activity that occurs within a state. Cooperative Federalism. Whereas dual federalism specifically defines the boundaries of state and national responsibilities, a more nebulous form of federalism emerged during the Progressive Era and blossomed in the late 1. New Deal legislation. Under cooperative federalism, or “marble cake” federalism, national and state governments work together to provide services efficiently. Cooperative federalism provided a practical approach to intergovernmental relations as more complex problems arose that could not be addressed at one level of government. Modern federalism is better represented by a picket fence metaphor, as the lines of authority and patterns of cooperation are not as messy as those implied by the “marble cake.” Picket fence federalism is a more refined and realistic form of cooperative federalism in which policy makers within a particular policy area work together across the levels of government. Cooperative federalism is most likely to emerge within policy areas rather than across them. Federalism Today. Although the American system of government is predominantly characterized by cooperative federalism, elements of national supremacy, dual federalism, and states’ rights are still prevalent. The current period could therefore be considered the “era of balanced federalism.”Cooperative Federalism Lives On: Grants in Aid and Fiscal Federalism. The cooperative relationship between the national and state governments is rooted in the system of transfer payments from the national government to lower levels of government, which is called fiscal federalism. Three types of grants are common under this system: Categorical grants consist of federal aid to state or local governments that is provided for a specific purpose, such as a mass transit program within the transportation budget or a school lunch program within the education budget. Block grants consist of federal aid provided to a state government to be spent within a certain policy area, which the state can decide how to spend within that area. General revenue sharing (GRS) was a type of grant used in the 1. These grants provided states with more control over programs. Support for GRS was difficult to sustain because it was opposed by conservatives who wanted a smaller national government and by liberals who favored more targeted spending. New Federalism. Beginning in 1. Richard Nixon’s presidency, New Federalism attempted to shift power to the states by consolidating categorical grants into block grants and giving the states authority over programs such as welfare. This practice was continued under President Reagan, who believed that because state and local politicians were closer to the people, they would know better how to spend the money. Furthermore, under President Clinton, Congress made it more difficult to impose unfunded mandates, federal laws that require the states to do certain things but do not provide state governments with funding to implement these policies. Although these changes were favorable for states, the balance of power between national and state government has not been affected. National Supremacy Reigns? The Rise of Coercive Federalism. Despite the overall shift toward cooperative federalism, the role of national government is reinforced by three characteristics of American politics: (1) turning to national government in times of crisis and war, (2) the rights revolution of the 1. Great Society programs of the 1. Coercive federalism is a form of federalism in which the federal government pressures the states to change their policies by using regulations, mandates, and conditions (often involving threats to withdraw federal funding). Coercion also exists in the form of federal preemptions, impositions of national priorities on the states through national legislation that is based on the Constitution’s supremacy clause. A significant shift toward national power took place during the presidency of George W. Bush. National power emerged in areas that had been controlled by states, including mandates and preemptions in education testing, sales tax collection, emergency management, infrastructure, and elections administration. This is noteworthy because the shift took place under Republicans, who generally favor states’ rights. The States Fight Back. States appear to be reversing their traditional role of resisting change and protecting the status quo. In recent years, states have taken the lead over the federal government to address issues such as pollution and global warming. Motivation for state leadership can be explained by competitive federalism, a form of federalism in which states compete to attract businesses and jobs through the policies they adopt. Supporters point out that such competition is also a check on tyranny because people will move to a different state if they do not like a state’s policies. Despite the positive outcomes of competitive federalism, states may also be driven to compete in a negative way. For instance, when states compete for businesses and jobs, they may eliminate environmental regulations or employee benefits to keep expenses low. Fighting for States’ Rights: The Role of the Modern Supreme Court. The Supreme Court, in recent years, has ruled in favor of state power. Between the 1. 98. Supreme Court invalidated more national laws on federalist grounds than in the previous two centuries.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. Archives
October 2016
Categories |