Unformatted text preview: American Federalism Strong central government threaten liberties division of power (national and state) Interpretation shifts over time direct implications for making of public policy Definition FEDERALISM DEFINITION: The constitutional structure of shared and divided powers between the national and state governments CONSTITUTIONAL BASIS: All powers not specifically granted to the federal government are reserved for the states Models of federalism
DUAL FEDERALISM (19TH CENTURY TO 1930'S) strict interpretation of power between federal and state levels LAYER CAKE FEDERALISM CONNECTED BY ICING COOPERATIVE FEDERALISM (1935 1950) Great depression Collaboration between levels of government Activities intermingled Marble cake federalism CREATIVE FEDERALISM (19501960) Great Society Turning point in fiscal federalism due to: $$$ flowing down to cities Watertap federalism COMPETITIVE FEDERALISM (1960'S 1970'S) State agencies established to administer federal funds Competition between all levels of government to package services provided Picketfence federalism CALCULATIVE FEDERALISM (19681980) Nixon's New Federalism Removed strings attached to federal $$$ State and local made own decision through revenue sharing FEND FOR YOURSELF FEDERALISM (19801992) Regan's New Federalism BUSH I and II Continued DEVOLUTION DEFUNDING DECENTRALIZATION Constrained Empathetic Federalism (19932001) CLINTON'S ADMINISTRATION government empathy toward state and local call for federal funding for urban problems budget constraints empowerment zones main goal reduce budget deficit Constitutional Pillars Pillar 1: National Supremacy Article (Article VI) state and local rules and regulations national level laws take precedent over Pillar 2: The War Power
wage war protect nation apply industry and scientific development for defense purposes Pillar 3: The Power to Regulate Interstate and Foreign Commerce production of goods, services and properties changes: court rulings to many "social justice" areas, such as Civil Rights discrimination restricts the flow of interstate commerce Pillar 4: The Power to Tax and Spend does not allow for Congress to pass laws to promote general welfare Congress uses appropriations to regulate strings federal mandates These 4 pillars have permitted for the expansion of functions of national government Regulatory Federalism CROSSCUTTING REQUIREMENTS
MANDATES COMPLIANCE TO THOSE RECEIVING FED $$$ Civil Rights Act environment public employment PARTIAL PREEMPTION "NATIONALIZATION" OF PROGRAM STANDARDS federal law establishes basic policies but administered by states states need to adopt standards at least equivalent to feds limited funds to support state action TOTAL PREEMPTION national government preempts conflicting state and local activities supremacy and commerce clauses CROSSOVER SANCTIONS Sanctions one program if standards not satisfied in another program used to influence state and local policy ex. Highway $$ and drinking age environmental protection ADA DIRECT ORDERS Mandates with civil or criminal penalities FUNDED AND UNFUNDED public employment environmental protection National government or federal government? National government within a federal system Reasons for Federal Government Checks growth to tyranny check against majority rule provides for minority rights most important reason Allows for unity without uniformity Resolution of policy issues at state/local level National level uniformity Encourages experimentation State governments "laboratories" for policy experimentation Policy transfers to other states Keeps government closer to people Statesrights argument More confidence at state level Politics of Federalism Growth of Big Government Problems more national/global in scope Industrialization and demand for regulations Great Depression of 1930's Great Society programs of 1960's Economic and social conditions Currently, meaner, leaner federal politicians need to "take care of problems" government some ramifications (09/11/01) Devolution Revolution Republican Congress in 1994 return many functions back to states welfare reform passed many programs funded at national level constituent sentiment what works best regardless of level of government Legacy Shift in power to federal level More problems at national/international levels Whatever works best regardless of level of government Future of Federalism Modifications based on political and social fabric of nation Deeply rooted in political system Will continue to evolve throughout time ...
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