Chapter 3: Unit 2
The Civil War
(1861-1865: not just a war over slavery, but between national and state government (Lincoln going against the southern states wishes)
Bond v. United States
(2011) court says a person indicted under a federal statute may challenge the statute on the grounds of the 10th amendment
Intergovernmental Relations
(Blank) reflects two major changes in American Federalism: 1) Gradual shift in the nature of power sharing between two levels of government And rise of fiscal federalism (elaborate assortment of federal grants-in aid to the states and localities Two kinds of federalism Dual Federalism Cooperative federalism -Federal guidelines: -Shared administration -Shared costs -Cooperative government persists even when the two levels of government are mad at each other (in USA): states are responsible for most public policies dealing with social, family, and moral issues, because constitution does not give national government power to pass laws that directly regulate drinking ages, marriage and divorce, or speed limits- become issues of national government under fiscal federalism -With Reagan's opposition and huge federal deficits there was a forced reduction in federal funds for state and local governments -1994 republicans had majorities in both houses (senate and House of Representatives) they centered on devolution : repealed federal speed limits, making more difficult for state prisoners to seek relief in federal court, ect. Soon they found that turning to federal government and restricting state powers was the most effective way to achieve a wide range policy of objectives -this continued with George W. Bush, no child left behind act, removed class-action law suits from state courts, ect.: many states have complained about no child left behind act, because of costs both levels are involved in most policy areas -Both often mix and mingle in political system- no set one is chosen
grants-in-aids
- federal funds appropriated by Congress for distribution to state and local governments -there is growth in money spent on this: Amount of money spent on it has grown rapidly from 1960's and especially in the 1980's -federal aid accounts for about 1/4 of all the funds spent by state and local governments and for about 17 percent of all federal government expenditures
Mandate Blues
- sometimes states would rather just not have the federal funding, because of some of these that they receive -these are requirements that direct states or local governments to provide additional services under threat of penalties or as a condition of receipt of federal grants Example: Medicaid: federal grant program that puts people in a difficult situation-Congress wanted to expand it to women and children, but finally supreme court said affordable care act of 2010 had gone too far -Another problem is when congress passes laws creating financial obligations for the states, but don't provide any funds to meet the obligations (American with Disabilities Act-ADA, but gave no funds for it) (another) example: clean air act of 1970-gave no funds to regulate air quality standards -To try to stop this Congress passed a law in 1995 requiring the Congressional Budget office to estimate the cost of all bills that impose such (blank), but this requirement does not apply to Antidiscrimination legislation -To most legislation requiring state and local governments to take various actions in exchange for continued federal funding (like grants for transportation) -Bill also ordered federal agencies to design new processes to allow greater input by state and local officials into the development of regulations imposing mandates -More problems of these with insufficient funds: police force/homeland security-after 9/11 congress imposed large mandate on states to increase their ability to deal with acts of terrorism, no child left behind act-threatened schools with loss of federal funds, -Federal courts created unfunded (blank) for the states, as well- prison construction and management, school desegregation, facilities in mental health hospitals: local housing authority build or get new low-income housing facilities for each one it demolishes, but state do not have enough money-causes states to not want to/to not demolish old unsafe buildings California, New York, Texas, and Florida, (plus a few other states) have sued the federal government for reimbursements for cost of health care, education, and other public services that the states provide to illegal residents- states have no won their cases
Dual Federalism
--Kind 1 of Federalism -nation government and the states remain supreme within their own sphere: national is responsible for some policies and the state for others National: foreign and military policy, postal system, and monetary policy States: schools, law enforcement, and road building -
Cooperative Federalism
--Kind 2 of Federalism -national government and the states share powers and policy assignments- lines are blurred at who does what -For hundreds of programs (Blank) involves: *Shared costs *Federal guidelines: *Shared administration
confederation
-3rd form of government structure - (U.S. began as a this): national government is weak, and most other components take the power (this is mostly found in forms of things like United Nation)
Full faith and credit
-A clause in Article IV of the Constitution requiring each state to recognize the public acts records, and judicial proceedings of all other states - (Article IV requires this) public acts, records, and civil judicial proceedings that are in valid in one state are valid in every other state (same sex marriages is a controversy of this)
Extradition
-A legal process whereby a state surrenders a person charged with a crime to the state in which the crime is alleged to have been committed - this says that someone charged with a crime in another state, if found will be returned to the state of committing crime and punished there (because almost all criminal law is state law)
Commerce Power
-Constitution gives Congress the power to regulate interstate and international (blank) (U.S. has spent years trying to figure out how to define it) - Gibbons v. Ogden (1824) defined it broadly to encompass virtually every form of such -This and implied powers gives congress the power to promote economic development (safer working conditions in 19th century) - loosened regulation of (blank) with prohibiting racial discrimination in places of public accommodation )to regulate it
Formula Grants
-Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations -are distributed based on a formula: could be based on population, per capita income, percentage of rural population, ect. -state or local government does not apply for one of these (Medicaid, child nutrition programs, sewage treatment plant construction, public housing, community development programs, and training & employment progress
Project Grants
-Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications -more common type: awarded based on applications
Categorical Grants
-Federal grants that can be used only for specific purpose, or "categories" of state and local spending . They come with strings attached such as nondiscrimination provisions -the main source of federal aid to state and local governments: can only be used for specific purposes, or categories of state and local spending, because direct orders from federal government is rare (exception is the equal opportunity act of 1982 {bars job discrimination by state and local governments}): most federal regulation is accomplished in a more indirect manner~ confess attaches conditions to the grants that states receive (especially common since 1970s)-1) common attachments to categorical and other grants is non-discrimination provision: grant cannot be used against minorities, women, or other groups, 2) funds may not support construction projects that pay below the local union wage -2 types: project and formula
States' Obligations to Each Other
-Full Faith and Credit -Privileges and Immunities -Extradition
Fiscal Federalism
-The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments -grants-in-aids the grant system: 2 major type of federal grants-in-aid for state and localities: categorical grants -federal government can also employ crossover sanctions: -crosscutting requirements -complaints of paperwork associated with this type of grant or all the strings attached may cause people to try to get the other kind of grant -Scramble for federal dollars:-$600 billion in federal grants most states have a rep. In Washington at all times despite some variations federal grants distribution usually follows the principle of universalism
National Supremacy
-all of the overlap leads to disputes between different levels (controversial issues always arise among the people, and have to decide whether states or national government should represent the issue -When National Government places a prohibition or requirement on the states, always issues arise that courts have to decide: but who wins? This is answered by -Supremacy Clause (Article VI of the Constitution): *The Constitution *Law of the National Government (when it abides by Constitutional law) *Treaties (which can be made only by the national government) Judges in court have to abide by constitution: even if the state constitution is against it
Commerce
-defined broadly to encompass virtually every form of such -Gibbons v. Ogden
civil rights
-federalism different levels of "help" -1950s and 1960s : advocates found better help in national government
business interests
-federalism's different levels of "help" -find state government a better help
Supremacy Clause
-if going along with constitution national government reigns supreme
Gibbons v. Ogden
-interstate commerce -gave congress power to regulate interstate commerce -almost any business is interstate
1789
-interstate commerce was rare -taxes were minimal -implied powers hadn't been implied yet -Judicial review hadn't happened yet
Devolution?
-is the transferring of responsibility for policies from the federal government to state and local governments -For most of 20th century democrats supported increasing power of federal government (for policies of child labor and education, social security, and health care), however Republicans generally opposed it (for defense of state authority in federal system) -Ronald Reagan tried to reduce the national government's role in domestic programs -This did happen some (repealing federal speed limits)
The Eleventh Amendment
-more detailed outline of National Government in this -Prohibits federal courts, state courts, or federal administrative agencies from hearing cases in which a private party names a state as a defendant or seeks monetary relief from a state officer in his or her official capacity unless the state gives its consent -There are limits to state immunity federal courts have the jurisdiction to hear cases in which a private party names a state officer in his or her official capacity as a defendant and may gant injunctive relief -Cases arising under 14th amendments are also an exception to immunity or suits regarding bankruptcy cases Supreme court has also made it easier to control the behavior of local officials (1871, newly freed slaves were permitted to sue local governments for damages or seek injunctions against any local official who has denied them rights secured by Constitution or federal law) Judicial power cannot go against another state: protects states -State governments cannot be sued in federal court unless they agree to be sued -EXCEPTIONS TO THIS ARE: RACIAL DISCRIMINATION, BANKRUPTCY CASE, LOCAL OFFICIALS RESTRICTING CONSTITUTION RIGHTS -can have injunctions
The Tenth Amendment
-national government can do a lot, but it cannot usurp the states' powers: this outlines this: says that national government only has the powers the constitution assigned to it (United States v. Darby 1941 Supreme Court called this constitutional truism)- back tracks against this ruling with National League of Cities v. Usery (1976) then overturned this decision with Garcia v. San Antonio Metro (1985) -Bond v. United States (2011) court says a person indicted under a federal statute may challenge the statute on the grounds of this
Federalism in relation to Democracy
-one reason the founders established this system was to allay the fears of those who believed that powerful central gov. would tyrannize the states : was designed to contribute to democracy (or the limited form of democracy supported by the founders) -This system decentralizes our politics (by handling most disputes over policy at the state and local levels, this reduces decision making and conflict at the national level, which makes democracy more effective-with decision making at the state level, this allows for a diversity of policy choices among the states-states can better reflect majority of citizens: state government provides thousands of elected offices, different levels allow for citizen access in government-also gives people different options for government help -Different levels of government allow for different parties to be happy, because no matter how the election goes they are bound to be represented somewhere (especially important in the early years)-but can still be bad when electoral votes go against winner of popular vote Another problem is that local interests can thwart nation majority support of certain policies -However, Even with all of this voter turnout at elections is often less than twenty percent
National Government Regulate the states
-pass and enforce laws that impact state behavior/activities -rule infederal courts against state laws and actions -controlling their money and spending -dual vs. cooperative federalism (otherwise known as then vs. now) (also called layer vs. marble cake)
Diversity in Policy
-there are differences among states: -differences of country is represented in (blank) in different states and policy innovation is facilitated- reform, new ideas, and new policy : when running tests and doing new things they share the results with other states and the national government : ALMOST every policy the national government has adopted has began in the states (child labor laws, minimum wage legislation, unemployment compensation, antipollution legislation, civil rights protections, and income tax) -states can act contrary to national government: many states have raised the minimum wage laws and congress has not -Implication of (blank) (who are responsible for supplying public services) differ in resources they can or will devote to public services (like education)-so quality of education depends on which state you are in) -so better benefits in one country may make others migrate to it
Amount of American governments
89,527
Gibbons v. Ogden
A landmark case decided in 1824 in which the Supreme court interpreted very broadly the clause in Article 1, Section 8, of the Constitution giving Congress the power to regulate interstate commerce as encompassing virtually every form of commercial activity
Unitary Governments
A way of organizing a nation so that all power resides in the central government. Most national governments today are unitary governments
Federalism
A way of organizing a nation so that two or more levels of government have formal authority over the same land and people. It is a system of shared power between units of government
McCulloch v. Maryland
An 1819 Supreme Court decision that established the supremacy of the national government over state governments. The Court, led by Chief Justice John Marshall, held that Congress had certain implied powers in addition to the powers enumerated in the Constitution (had to do with the national bank system)
Federal
Different levels of government
Federalism and the Scope of the National Government
Economic domain-government intervenes sometimes to help American business (with subsidies, quotas, and regulations)-but as industrial system arose then national government added the national bank, subsidies for railroad and airlines, ect.- what happens: - the people also had to ask government to restrain monopolies and encourage open competition (in this time) - people then also wanted social welfare policies, from education to healthcare, that would benefit the average worker: all this went to national government, because this required the resources and authority of the national government- a wide range of issues -even if the states were capable, are not suited for states to handle
Block Grants
Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services
Implied Powers
McCulloch v. Maryland (involving the Second Bank of the United States (the big war against national banking in 1819)- Supreme Court said it was in Congress' power to create a national bank and ruled with them and said Maryland could not tax the bank-sparked argument on who was right (national vs. state) -In decision 2 great constitutional principles were set forth: Supremacy of the national government over the states National government has certain (blank) that go beyond its enumerated powers (enumerated powers-article 1 section 8 - in this clause it also gave congress (blank) to "make all laws necessary and proper for carrying into execution and foregoing powers"- often referred to as the Elastic Clause
Federal guidelines
Most federal grants to states and cities come with strings attached. For example, Congress spends billions dollars to support state highway construction, but to get their share, state must adopt and enforce limits on the legal drinking age
United States v. Lopez
Part 1: Recent years Supreme Court has scrutinized some uses of the commerce power with a skeptical eye
Printz v. United States
Part 1:have had important implications for federalism
United States v. Morrison
Part 2: Recent years Supreme Court has scrutinized some uses of the commerce power with a skeptical eye
Mack v. United States
Part 2: have had important implications for federalism
Enumerated Powers
Powers of the federal government that are specifically addressed in the Constitution; for Congress, including the powers listed in Article 1, Section 8, for example, to coin money and regulate its value and impose taxes
Implied powers
Powers of the federal government that go beyond those enumerated in the Constitution, in accordance with the statement in the Constitution that Congress has the power to "make all laws necessary and proper for carrying into execution" the powers enumerated in Article 1
Brown vs, Board of Education
Supreme Court said school segregation was unconstitutional: Souther Resistance (ex. University of Alabama in 1963)-Constitution won
Tenth Amendment
The Constitutional amendment stating, "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
Supremacy clause
The clause in Article VI of the Constitution that makes the Constitution, national laws, and treaties supreme over state laws as long as the national government is acting within its constitutional limits
Elastic clause
The final paragraph of Article 1, Section 8, of the Constitution, which authorizes Congress to pass all laws "necessary and proper" to carry out the enumerated powers
Privileges and immunities
The provision of the constitution according citizens of each state the privileges of citizens of other states. -citizens of each state will receives all the (blank) of any other state they happen to be in (tries to prohibit discrimination against citizens of other states) (someone from california pays same sales tax in texas as a texan) -There are many exceptions, ex. in-state tuition Supreme court has never clarified which privileges a state must make available to all americans
Intergovernmental relations
The workings of the federal system-the entire set of interactions among national, state, and local governments: including regulations, transfers of funds, and the sharing of information
Devolution
Transferring responsibility for policies from the federal government to state and local governments
intergovernmental relations
Working of the federal system are sometimes called this
defining Federalism
a way of organizing a nation so that two or more levels of government have formal authority over the same area of people- we are subject to the authority of both state and national government
Both state and national
can raise revenues through taxes, borrow money, and spend for the general welfare
Congress
can't mess with a state's lines without the state's consent to do so
Shared costs
cities and states and receive federal money for airport construction, sewage treatment plants, youth programs, and many other programs, but only if they pay part of the bill
Division of Power
even framers that favored national government made states vital in government, because of all of these constitution doesn't clearly define policies- states and national government have responsibilities that overlap on important matter States: responsible for both state and national elections, can ratify constitutional amendments Congress can't mess with a state's lines without the state's consent to do so Both state and nation can raise revenues through taxes, borrow money, and spend for the general welfare
Constitution Basis of Federalism
federalism not said in this- there was no way to just govern from a central location- so there was no other practical choice in 1787 besides creating a federal system of government
ALMOST every policy of the national government
has began in the states
Conflicts between levels of government
issue of congress vs. state- whether it was interstate commerce or not: national vs. state (congress kind of won): so how does this become resolved?
Struggle for Racial Equality
issues between states and national government for this: Brown vs, Board of Education (1954)
inter-
national
crosscutting requirements
occur when a condition on one federal grant is extended to all activities supported by federal funds, regardless of their source (title VI of the 1964 civil rights act which bars discrimination in the use of federal funds, because of race, color, national origin, gender, or physical disability so if a university discriminates illegal in one program it can lose all its funding in all other programs)
States
responsible for both state and national elections, can ratify constitutional amendments
Injunctions
ruling by court, to make someone follow something-solutions to the issues
principle of universalism
something for everybody (vigilance of senators and representatives keeps federal aid relatively well spread among the states- can undermine public policy: sometimes propositions to help are opposed in congress
intra-
state
Shared administration
state and local officials implement federal policies, but they have administrative powers of their own. The U.S department of Labor, for example, gives billions of dollars to states for implementing job training, but states administer the money and have considerable latitude in spending it
Understanding Federalism
the division of powers and responsibilities among different levels of government has implications
american governmental expenditures
today it is nearly ¼ of our GDP national government and state government have evolved and gained new powers since the ratification
crossover sanctions
using federal dollars in one program to influence state and local policy in another (example~ funds for highways are withheld unless states raise the drinking age to 21)
