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Federalism

3 types of governmental systems


1. Unitary system
2. Confederal System
3. Federal System

Unitary System
Central Government

States

Citizens

State or
regional
government

Confederal System

Central Government

Citizens

State or
regional
government

Citizens

Federal System
State or
regional
government

Citizens

Central Government

State or
regional
government

Citizens

Disadvantages of Federalism
1. States and local governments can block important
national policies such as civil rights
2. Allows the power of local interests to go
unchecked
3. Allows for big variations in how people are treated
4. State and local governments might lack the
resources and expertise to make decisions

Advantages of Federalism
1. Allows for big variations in terms of how people
are treated
a. Speed limits
2. States can becomelaboratories of democracy
a. California-- clean air
b. Michigan -- welfare
c. Massachusetts-- Health Care

3. Federalism enhances political participation


a. Therefore, it can increase political efficacy

Bellringer: Referencing your notes from


yesterday, do you think that there are stronger
arguments for the advantages or disadvantages
of federalism?
Objective: Explain the significance of Federalism and how
Federalism has changed over time.
Agenda:
1. Bellringer
2. Lecture on Federalism
3. Introduce Federalism Research Project

Federalism: The Great Debate

1. National Standards vs. Local Discretion


2. Examples
a. Education(concerns local, federal and state)-should there be a basic competency test?
i. Jeffersonian(A-F)
ii. Hamiltonian (F)

1. Healthcare
a. State boards
There are no easy answers here!!!!
Since 1994 there has been more devolution (power moving
back to the states)
1994 is significant b/c Republicans controlled the House of
Representatives for the first time in forty years

Federalism and the Founders

1. Nation-Centered (Federalism Perspective)


2. State-Centered (Anti-Federalist Perspective)

Which prevailed?

McCulloch v. Maryland (1819)


1. The Issues
2. Significance?
Gibbons v. Ogden (1824)
1. The Issues
2. Significance?
*These two cases affirm the supremacy of the National
Government, but the Anti-federalist ties still exist.

The Anti-Federalist Perspective


1. States Rights and John C. Calhoun
a. Believed that states could declare Federal laws
null and void if they thought the law violates the
Constitution
2. The Doctrine of Nullification
a. Implications? Marbury v. Madison
b. Who should be the ultimate arbiter of all things
constitutional?
i. Congress, SCOTUS, states???

Monday 10/19/2015
Bellringer: Define aggrandizement and devolution in your own
words, try not to use your notes!
Objective: Explain the significance of Federalism and how Federalism
has changed over time.
Agenda:
1. Bellringer
2. Continue lecture on Federalism
3. Federalism Research Project w/ new guidelines

Evolution of Federalism
1. Dual Federalism (1865-1933) - Layer cake
a. State and National govt are equal and have
independent spheres of authority

What kind of an interpretation of the Necessary and Proper clause does this
show? Why?

1. Cooperative Federalism (19331960) - Marble cake


a. Power shifts to DC
b. Role of the Great Depression
c. FDR and the New Deal
d. Escalating perception of poor state
performance

What kind of an interpretation of the Necessary and Proper clause


does this show? Why?

Constitutional Connection:

Dual federalism: Narrow interpretation of elastic


clause (implied power) and states rights
Cooperative federalism: Broad interpretation of
necessary and proper clause and what the Tenth
Amendment actually states

Fiscal Federalism
1. Fed. can help by giving $ to help cities/states this grows
programs and associates bureaucracies to carry out
programs.
2. By 2001 we see over 300 million per year being spent by
federal govt. This is double what we see in the 1990s
3. How does it work?
a. Washington creates a program pays bills state runs
program money flows to lower levels Federal Aid
Junkies

1. Grant-in-aid: This is money paid by one level of government to


another. Many grants must be matched by state money.
2. Categorical Grant
a. Specific purpose: airports, dorms, highways, senior citizen
housing, medicaid, food stamps etc
b. Highways tied to drinking age 55 limit
c. Think COUPONS you are given a $2 off coupon for coffee-- you
can only use that on coffee!
3. Block Grants
d. Consolidate several grants into one that is more general
e. Community Development Block Grant (CDBG)
f. Gives cities/states flexibility
g. Think GIFT CARD you may purchase any good in the grocery
store, but it can only be used in the grocery store.

1. Categorical grants are the most widely given


b/c major clients and interest groups tied to
grants -- pluralism -- voice heard through
group
2. Side-effect of federalism increase
bureaucracies at the federal and state level
a. If you give money w/o control there will be
abuse of taxpayer dollars

Bureaucracies = )
1. You have to set up bureaucracies at the federal level to
monitor, track, create compliance conditions, and track
spending.
a. Auditors, computer information specialists, accountants, finance
management specialists, financial systems specialists etc

2. Then you have to create same thing at state level


a. same individuals/agencies as listed above
3. Then recipients have to hire people to spend money, keep
track of money, show how they are complying to policy,
send reports

Fiscal Federalism creates bureaucracy and red tape!


One person's red tape is another person's
procedural safeguards.
Bureaucracy/Red tape serve a purpose!

Unfunded Mandates: Federal Government passes laws,


requires states to do something, but doesn't give them
funds.
Americans with Disabilities Act (ADA) 1990
No Child Left Behind (NCLB) 2001
Think about. What if we went back to the Articles of
Confederation? What would our society have looked
like today w/o a strong central government?

Cake / Fence
1. Layer Cake - local, state, federal level clear
distinctions/functions
2. Picket Fence - Vertical = gov. Fed, state, local.
Horizontal= policy areas
a. intermingling occurs
3. Marble Cake - Fed. authority intermixing -- sometimes it
is hard to tell where fed authority starts/ ends.

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