APGOPO chp 3 Federalism
block grants
- categorical grants too specific/ too many "strings" - gaven states and cities more freedom on how to spend money - grew more slowly - offer larger sums of $$$ for bigger purpose - no strings
Federal Maritime Commission v. South Carolina Ports Authority (2002)
-South Carolina Maritime Services asked South Caroline States Port Authority permission to berth a cruise ship in Charleston, South Carolina - Gambling was against their policy, so Port Authority said no Maritime complained Administrative law judge gave Port Authorty sovereign immunity -Maritime said sovereign immunity is for judicial branch, not executive Decision- eleventh amendment, state sovereign authority, states can have sovereign immunity from private lawsuits
How did devolution affect the states
-more responsibility for public programs makes more funding and more rules
Problems with Government Mandates
1. create administrative and financial problem- fed gov decides what states do/vague language/costs 2. public law and policy- not all areas are equally affected 3. Often unfunded- resulted in Unfunded Mandates Reform Act of 1995
essential elements of dual federalism
1. the national government rules by enumerated powers only 2. the national government has a limited set of constitutional purpose 3. each government unit is sovereign within its sphere 4. The relationship between states and nation is characterized by tension rather than cooperation
Changes in Constitutional Interpretation
1930s- fed gov can finally spend money for purposes not authorized by the COnstitution (give the states money with grants) 1880s- huge huge budge surplus 1920s- surplus dwindled- Congress pass income tax Ged gov could print currency but states had to pay back borrowed
Start of modern devolution and end
1981- Ronald Reagan when he pushed to consolidate grants into 6 large block grants ended in 2001- but controversial issues (firearms, LGBT, marijuana) are the topics of devolution but while people support (they don't wanna see cuts in fed. programs)
What are the conflicts between state-federal relations according to Elazar?
According to Elazar, most of the conflicts connected with federal-state relations are either conflicts between interests that use the federal versus state arguments as a means to legitimize their demands or low-level conflicts over the best way to handle specific cooperative activities.
What is an example of devolution described in the Karch reading?
An example of devolution was how when the 1994 midterm elections produced a Republican majority in both houses of Congress, the relationship between the states and the national government changed. Many additional policy-making prerogatives were devolved to state officials. One of which was the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, a landmark welfare reform legislation. The Personal Responsibility and Work Opportunity Reconciliation Act placed a time limit on welfare receipt and incorporated stringent work requirements on beneficiaries. It also granted state policymakers unprecedented discretion over the provisions of their welfare programs. Since 1996, state lawmakers have used this discretion to create diverse approaches to welfare policy. Welfare reform is one of many instances in which the states have taken the lead in the making of public policy in response to national legislation.
Pollution control law
Clean air act, clean water act
Alden v. Maine (1999)
Congress may not act to subject nonconsenting states to lawsuits in state courts
Decentralist (states' rights) approach.
Const. a compact created by states → implies strong state authority. Const. carefully limits national authority to delegated powers. 10th Amendment gives broad powers to states. When in doubt as to which holds a power, matter should be resolved in favor of states. Implies strict constructionist approach to Constitution National govt. has gotten too big and impersonal. State govts. are closer to the people. Followers: Calhoun, Goldwater, Reagan, southern conservatives, western conservatives, Christian fundamentalists, Newt Gingrich, Bush 43
Centralist (nationalist) approach.
Const. created by people ("We the people ..."), and not the states. Elastic, commerce, and taxing/spending clauses give great power to national govt. Powers go to states only if they have been surrendered by national govt. When in doubt, matter should be resolved in favor of national govt. Implies loose constructionist approach to Constitution. Size of federal bureaucracy has remained relatively constant for last 40 years. While state govts. may be closer to people, some of those state govts. have violated people's basic rights (e.g., South during first 70 years of 20th century) -- national govt. ha been key protector of rights. Followers: Hamilton, Marshall, Webster, TR, FDR, JFK, LBJ, Clinton, Obama
strict constructionist
Constitution should be interpreted literally, or strictly construed
Massachusetts vs. Envronmental Protection Agency
EPA should regulate emissions of CO@ that lead to global warming Clean Air Act: Congress must regulate "air pollutant" that can "reasonably tbe anticipated to endanger public health or welfare" states wanted to know if EPA had authority to regulate gas emission is under Clean Air Act EPA declined petitions (and agency didn't say it was wise) Decision: Court gave EPA power to regulate greenhouse gases/ no reason to refuse whether greenhouse gases contribute to climate change
What factors does Elazar purport contribute to the strength & vitality of the states?
Elazar lists many factors that contribute to the strength and vitality of the states. The first is that states actively contribute towards achievement and continuing effort of the national goals by adapting to the changing values by popular consensus. The efforts of the states to improve their institutional capabilities to handle the new tasks they have assumed had lead to "an extensive and continuing reorganization of state governments" that allows them to increase their executive power and control their central budget better. The great and continuing increase in the states' supervision of the functions carried out in their local subdivision through the provision of technical aid to their localities, through financial grants, and through control of the power to raise (or authorize the raising of) revenue for all subdivisions. The manner in which state has gathered and used its money has been expanding since the end of World War II has contributed to the strength of the states. The continuing role of the states as primary managers of great programs and as important innovators in the governmental realm (such as the fact that education is primarily considered a state responsibility while outside aid from the federal government is used to support the state's education.) Federal grants are used stimulate the development of state capabilities. (monetary aid) The non-centralized character of American politics (American politics generally opts for the separation of the state and federal government)
National govt. 3 categories of powers that are delegated to it
Expressed (enumerated): actually stated in the Const. Implied: not stated explicitly, but suggested implicitly. Importance of elastic clause. Inherent: not stated explicitly, but held by the national govt. by virtue of its being a national govt. Any govt. is entitled to certain foreign policy powers such as diplomatic recognition, acquiring territory, or defending itself.
What has served as a stimulus to the development of the states' capabilities & therefore enhanced the strength & vitality of the states?
Federal grants ($$$$)
How have federal grants helped the states?
Federal grants have helped the states in a positive way by broadening the programs they can offer their citizens and strengthening state administration of those programs.These grants prevent centralization of those programs and give the states the ability to maintain their position because the states are political systems able to direct the utilization of the resources sent their way.
federal system
Federalism is when the power is divided between the central and state or local governments. Both the government and constituent governments act directly upon the citizens and must agree to constitutional change.
What are the four reasons the states remain viable entities in a federal system?
For reasons that the states remain viable entities in a federal system is that 1) They exist as civil societies with political systems of their own b/c the American political tradition and the Constitution embodying it give the states an important place in American society. 2) They remain important as reflectors of sectional and regional differences that are enhanced by the growing social and economic complexity of every part of the country. 3) They remain important as experimenters and innovators over a wide range of fields simply b/c government at every level in the US has been expanding. 4) The role of the states as recruiters of political participants and trainers of political leaders
Extradition
Governors must return suspects to the states in which they allegedly committed their crimes.
Concurrent powers
Granted to Congress, but not denied by Const. or courts to the states → held by both national and state govts.
US v Lopez (1995)
Gun-Free School Zones Act of 1990 for Lopez a Texas high school student Decision- Congress had broad lawmaking authority under the Commerce Clause, and "commerce" did not authorize the regulation of carrying hand-guns Court ruled that law intruded on police powers of the state
How does Karch define innovation, diffusion, & spread?
Karch defines innovation is an idea, practice or object that seems new to a potential adopter. He states the innovation need not be new in an objective sense but only to the person. Karch defines that diffusion is the process "through which an innovation is communicated through certain channels over time among the members of a social system." Diffusion is not merely the fact of increasing usage or incidence. It implies movement from the source of an innovation to an adopter. Karch defines spread as a critical component of this definition.
What 2 factors have contributed to the states as a main locus of policy-making?
Karch mentions two factors that have contributed to the states being a main locus of policy-making. National political developments, especially the emergence of a Republican congressional majority [from the 1994 elections until the 2006 elections], were one important factor. The second factor was a set of reforms at the state level that strengthened state political institutions
McCulloch v. Maryland, 1819.
Maryland attempted to tax a branch of the Bank of the U.S. in Baltimore It argued that taxing was one of its reserved powers. In addition, it argued that the Bank was unconstitutional, anyway. The Court's decision (under Marshall): Need for a more flexible interpretation of the Const. so that it would endure -> Bank was "necessary and proper" → establishment of implied powers. "Power to tax involves power to destroy" → states clearly not free to destroy the national govt. → establishment of national supremacy.
What is New Federalism & when did it evolve? What term associated with this new type of federalism?
New Federalism was a type of federalism that came out in 1970 after it was proposed by Reagan. It emphasized an administrative rationale for devolving policy-making authority to the states ... Another word for it is devolution. Devolution was the transfer or delegation of power to a lower level, especially by central government to local or regional administration. Ronald Reagan and Newt Gingrich married these administrative concerns to a larger debate over the legitimate scope and definition of the public sector. For Reagan, Gingrich, and other Republicans, devolution was a way to solve administrative problems and to cut back the reach of government programs
Saenz v. Roe (1999)
Personal Responsibility and Work Opportunity Reconciliation Act of 1996: temporary assistance to needy families can pay the benefit of another state program to residents who lived in the state for under 12 months -CA enforced- Brenda Roe challenged constitutionality of duration residency requirement Decision: privilege and immunities clause states cannot deny benefits to residents that would have received the same in states from which they moved 14th amendment- right to traveln
What is political diffusion?
Political diffusion is the process of learning or copying during which decision makers look to other cities, states, or countries as models to be followed or avoided. Diffusion occurs when decision makers draw on each others experiences to evaluate the effectiveness of a new political form or idea.
Section I, Section 10
Powers denied to the states, such as treaties; impairing contracts
Arizona v. USA
SB 1070 violated civil rights and encouraged racial profiling 4 provisions: 1. create a state-law crime for unlawfully present in the US 2. state-law crime for working or seeking work while not 3. Required state and local officers to verify citizenship and alien status of anyone lawfully arrested or detained 4. authorized warrantless arrests of aliens believed to be removable by the state Only 3 stayed Decision: state overstepped power of the federal government (Arizona said they were enhancing laws but gov deals with naturalization and immigration laws)
New federalism
Shifting of some authority from national govt. back to the states. Associated with Nixon, Reagan, and esp. associated with 104th and 105th Republican Congress: "Devolution Revolution" Example: use of block grants in welfare reform bill of 1996. 1980s to 2000
Gonzales v Raich (2005)
State: Compassionate Use Act- legalized marijuana Federal- Control Substances Act 1. home grown marijuana for medicinal purposes/ DEA seized and destroyed plants Raich- CSA exceeded Congress' commerce clause power Decision: Congress had authority to criminalize production and use of marijuana even if state approve use for medicinal purposes Rationale: Court "firmly established" Congress' commerce clause + [power to regulate purely local activities that are a part of a "class of activities:" substantial effect on interstate commerce
McCulloch v Maryland (1819)
Supreme Court decision that settled two issues: 1) Congress can exercise powers not specifically mentioned in the Constitution if the power can be implied from an enumerated power. This authority is conferred by the necessary and proper clause. 2) The federal government is immune to taxation from the states. The Constitution's "necessary and proper" clause permits Congress to take actions (in this case, to create a national bank) when it is essential to a power that Congress has, (in this case, managing currency)
Kelo v. City of New London (2005)
The Constitution allows a local government to seize property, not for "public use" such as building highways, but also to "promote economic development" in a "distressed" community
Why did the Founders choose federalism as the system for the new government?
The Framers chose federalism as a way of government because they believed that federalism was one essential way to protect personal liberty. (The separation of powers was another The Founders believed that concentrating political authority into one area would concentrate power and create a tyrannical government. Thus, by dividing governmental power, they would prevent power from being abused.
Tenth Amendment
The Tenth Amendment was included in the Bill of Rights to further define the balance of power between the federal government and the states. "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, were reserved to the states respectively, or to the people." The amendment says that the federal government has only those powers specifically granted by the Constitution.
National Federation of Business v. Sebelius (2012) decision
The court, by a 5-4 majority led by Chief Justice John Roberts, held that the individual mandate was constitutional because it could be construed as a "tax" that was clearly within the powers of Congress to levy taxes. However, the Court also held the law's Medicaid expansion- which forced states to expand Medicaid or lose all their Medicaid funding- was overly forceful and was unconstitutional. Thus, some states chose to expand medicaid under the Affordable Care Act, while others opted out.
What ambiguities did the Framers place in the Constitution?
The founders realized that they could not make an exact list of everything the federal government was allowed to do- circumstances would change and new circumstances may arise. Also, spelling out the exact relationship between the central government and state government was difficult to achieve at the time, thus resulting in vague languages and ambiguities. So, in the Constitution, they stated the ambiguities that Congress shall have the power to "make all laws which are necessary and proper for carrying into execution the foregoing powers." (Elastic Clause)
What are the institutional changes that have better equipped the states to act as "laboratories of democracy?"
The institutional capabilities of state governments increased dramatically between the 1960s and 1980s thanks to a series of constitutional and institutional reforms. These reforms made state legislatures more professional and enhanced the administrative capacities of the executive branch. Institutional changes transformed the 50 states from weak backwaters into a strong counterpart to the national government.
What is the evolution of the "laboratories of democracy" metaphor?
The metaphor of laboratories of democracy begins with Supreme Court justice Louis Brandeis's quote, which states that the fifty states serve as a democratic laboratory to try new political innovations on. The states are comparable to a scientific laboratory in which main ideas or hypotheses are tested. The enactment of a policy innovation prompts its evaluation, which is followed by lawmakers determining whether the program will be put in place. If this innovation works in one state by meeting its stated objectives, then it will be enacted in other states. If not, the innovation is not adopted and anywhere else. This resembles to process of trial and error.
Reno v. COndon (2000)
The national government's authority to regulate interstate commerce extends to restriction on how states gather, circulate, or cell certain information about citizens
Printz v. US
The national government's authority to require state officials to administer or enforce a federal regulation is limited
Explain some of the reasons for policy diffusion.
There are many reasons for political diffusion amongst the states today. Today, state officials typically have access to libraries and other reference centers whose main job is to collect and distribute information that will be useful during the formulation of public policy. For example, Virginia, has the Legislative Reference Center in Richmond which serves the information needs of the Virginia General Assembly. Secondly, public officials currently operate in an information-rich environment with more resources at their disposal. These varied resources provide access to a wider range of policy-relevant information. Third, institutional changes, such as a dramatic increase in the number and quality of legislative staff, made the states' official's ability to gather policy-relevant information better. Also, Technological advancements made more information resources available for state officials. The emergence of new info tech, such as Internet, increased the ease and speed with which many organizations can provide policy-relevant information. Technological changes also made it easier for officials to consult their colleagues in other states so attending regional and national meeting of professional organisations that bring together lawmakers and staffs across the country is easier. (For example, videocalling/calling/texting)
What recent trends have enhanced the traditional role of the states?
Traditional roles of the states have been enhanced by recent trends. For example, because the governments are doing more than ever before and are provided ways to increase their acitivity while maintaining a non-centralized government, the states have become even more active promoters and administrators of public service than ever before Also, as the population of the nation increases, the states become increasingly able to manage major governmental activities with the competence and expertise demanded by the metropolitan technological frontier. At the same time, the fed. Government becomes more removed from the people from the increased size of the population it must serve.
US v Morrison (2000)
Violence Against Woman Act (VAWA) of 1994, Christy Brzonkala was raped by Antonio Morrison and James Crawford. Decision- invalidated the section of VAWA that gave victims of gender-motivated violence the right to sue their attacker in federal court
waiver
a decision by an administrative agency granting some other part permission to violate a law or rule that would otherwise apply to it
Article VI
a provision of the Constitution that makes the laws and treaties of the federal government the "supreme law of the land"
unitary system
a unitary system is when the state or regional government derive authority from a central government. Here, the power is centralized into one government.
Defense of Marriage Act
allowed each state to define marriage, and in effect not recognize gay marriage if the state defined marriage as the union of a man and a woman.
King v. Burwell (2015)
challenged Obamacare In this case, the Supreme Court ruled whether the federal government could issue subsidies only for health insurance purchased on state-run exchanges, or whether it could also provide them for the federally run exchange as well. The ACA required each state to establish an "exchange" through which people could purchase health care coverage, and if a state elected not to do so, the federal government would establish one through the Secretary of Health and Human Services. The ACA also required people to obtain the minimum essential coverage or pay a tax penalty unless they fell within an unaffordability exemption for low-income individuals. However, ACA provides subsidies (monetary aid) to individuals purchasing insurance through state-run exchanges. However, the ACA opponents argued, among other things, that the purpose of the tax credit provision is to induce States to set up their own Exchanges, under penalty of withdrawal of those credits and subsidies if States chose to allow the federal government to operate Exchanges in their stead. Thus, the Supreme Court ruled that the federal government could provide subsidies for individual using both the state-run or federally-run exchanges.
National Federation of Business v. Sebelius (2012)
challenged Obamacare and its constitutionality. The ACA contained a minimum coverage provision by amending the tax code and providing an individual mandate -by 2014, non exempt individuals who failed to purchase and maintain a minimum level of health insurance must pay a tax penalty. - The National Federation of Business said that this individual mandate exceeded Congress's power to regulate commerce. The ACA also contained an expansion of Medicaid, which states had to accept in order to receive federal funds for Medicaid, and an employee mandate to obtain health coverage for employees.
privileges and immunities clause
declares citizens of each state shall be entitled to all privileges and immunities of citizens in the other states
revenue sharing
distribution of part of fed tax revenues with no strings attached '71 Nixon proposal "special revenue sharing" where "no string grants" 129 different programs became 6 block grants in fields of: - transportation, education, rural development, law enforcement, community development, employment training -meant to empower state and local officials - less restrictive
dual federalism
doctrine holding that the national government is supreme in its sphere, the states are supreme in theirs, and the two spheres should be kept separate layer cake federalism
Privileges and immunities clause
each state must grant to citizens of other states the same rights and privileges that they grant to their own citizens, i.e., states cannot unreasonably discriminate against citizens of other states.
Full faith and credit clause
each state must honor the public acts, records and legal proceedings of other states, e.g., birth certificates, marriages, debts.
full faith and credit clause
each state must regard and honor another's government and laws
Article I, Section 8
enumerated powers of Congress, including the "necessary and proper" clause
Bank of the United States
established in 1791 Jefferson and Hamilton argued. Jefferson said that the bank was improper b/c the Congress had no power to create it. Believed the Constitution should be interpreted literally. Hamilton believed if the Constitution did not the forbid it, was it was okay.
categorical grants
federal grants for specific purposes, such as building an airport - lots of "strings" attached 1996- block grants introduced to satisfy states complaints
Whiskey Rebellion
federal tax on whiskey distiller and people refused to pay federal tax. Washington summoned militia of several states and easily shut it down. But Jefferson and other Democrat-Republican faction were freaked out by how much power the federal gov suddenly had
Controversy over Obamacare
federal-state relations for example, this law mandated all states expand Medicaid- a program that assists low-income women, children families, and the disabled in obtaining medical care- or the state would risk losing funding for the program
Article IV
full faith and credit clause; privileges and immunities extradition
federalism
government authority shared by national and local governments
laboratories of democracy
idea that different states can implement different policies, and the successful ones will spread
confederal system
in a confederal system, the power is held by independent states except for those powers that they expressly delegate to a central government.
intergovernmental lobby
interest group of officials that depend on federal funds - raise federal funds for specific cities or state - lower level gov influence higher level government
extradition clause
ivkufrwa arrwa ri ewryeb xoryews fugitive criminals back to the state where they committed the original crime
Democratic-Republicans
led by Thomas Jefferson and James Madison
cooperative federalism
marble cake federalism 1. national and state share power 2. National and state agencies undertake government function together 3. power is not concentrated at any level of government idea that the federal and state governments share power in many policy areas Suggests that powers of the national govt. should be interpreted broadly. 1937
grants-in-aid
money given by the national government to the states can be spent on Medicaid, income security, transportation Fed gov pays money/ state runs the programs' first types was land-grants Ex) FDR's New Deal
1960s grants shift
most fed grants were given for state's demands but during 1960s, fed gov. gave grants based on national needs instead
Article I, Section 9
powers denied Congress; no regulating slave trade before 1808; states to be treated uniformly
Tenth Amendment
powers not delegated to the federal government reserved by the states
reserved powers
powers not specifically listed, given to the states
concurrent powers
powers shared by both the state and federal governments
delegated powers
powers that the states have given to the federal government
Americans with Disability Act of 1190
prevents discrimination based on disability
referendum
procedure enabling voters to reject a measure passed by the legislature
recall
procedure whereby voters can remove an elected official from office
initiative
process that permits voters to put legislative measures directly on the ballot
Ninth Amendment
rights not listed reserved by the people
Obergefell v. Hodges (2015)
same-sex couples sued residing states federal gov did not define marriage, any marriage recognized by a state was recognized by the federal gov. is the 14th amendment violated when 1. a state refuses to marry same-sex couples 2. a state refuses to recognize out-of-state same-sex marriages Decision- fundamental liberty under 14th amendment
"necessary and proper"
section of the Constitution allowing Congress to pass all laws "necessary and proper" to its duties, and that has permitted Congress to exercise powers not specifically given to it (enumerated) by the Constitution.
police power
state power to effect laws promoting health, safety, and morals
unfunded mandate
statute or regulation that require a state or local gov to perform certain actions with no money provided for fulfilling the requirement - most for civil rights, anti-poverty, and environmental
Washington's Era
strongly Federalist in both the House and Senate (11/59 Anti-Federalists in the House and 2/20 in the Senate) B/c Washington was pretty much a Federalist (criticized parties though) the dynamic of Congress and Washington resulted in a mainly unified federal gov. that accoomplished much during the first term. -> design courts, declare the captial, create national financial instutition
dual vs cooperative
tenth- reserve the power not given to national gov for states necessary and proper clause
conditions of aid
terms set by the national government that states must meet if they are to receive certain federal funds
mandates
terms set by the national government that states must meet whether or not they accept federal grants - waiver- permission to violate a law by a administrative decision
What is Obamacare also called?
the Patient Protection and Affordable Care Act
nullification
the doctrine that a state can declare null and void a federal law that, in the state's opinion, violates the Constitution.
What has been the single most persistent source of political conflict since the Constitution was adopted in 1787?
the relations between the national and state governments. For example, the issue of regulation of business and the provision of social welfare programs argued whether "national interests" outweighed "state rights."
Wabash, St. Louis and Pacific Railroad v. Illinois (1886)
the states may not regulate interstate commerce
devolution
the transfer of power from the national government to state and local governments
Welfare Act of 1996
transfer people on Welfare into workforce (requiring welfare recipients to work and made assistance liited) introduced block grants to states (guidelines from fed gov.)