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Magleby & Light Government by the People Chapter 3 American Federalism

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Debates Over the Relationship of the National Government and the States: Californias Emissions Standard Battle with the EPA
Impatient with the lack of action by the national government, in 2002 California required that vehicle carbon dioxide emissions be reduced by 30 percent starting in 2009 In 2003, the EPA ruled that carbon dioxide was not a pollutant and could not be regulated California has since sued the EPA

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Defining Federalism

Federalism
Constitutional arrangement whereby power is distributed between a central government and subdivisional governments (eg., states). The national and the subdivisional governments both exercise direct authority over individuals.

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Versions of Federalism
Dual Federalism
Views the constitution as giving a limited list of powers to the national government, leaving the rest to sovereign states

Cooperative Federalism
Federalism as a cooperative system of intergovernmental relations in delivering goods and services to the people

Marble Cake Federalism


As the colors are mixed in a marble cake, so functions are mixed in the American federal system

Competitive Federalism
Views the levels of government as being in competition to provide packages of services and taxes

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Versions of Federalism
Permissive Federalism
Powers are shared, but state power rests upon the permission and permissiveness of the national government

New Federalism
Presumes that the power of the federal government is limited in favor of the broad powers reserved to the states

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Alternatives to Federalism

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Federalism and Confederation

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Why Federalism?
Limit tyranny Unity without uniformity Encourage policy experimentation Training for national officials More arenas for public participation

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Powers of State and National Government

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Powers of the National Government


Delegated powers Implied powers Necessary and proper clause Express powers Inherent powers

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Constitutional Pillars Enabling National Government Expansion


National supremacy article
Preemption

Power to regulate interstate and foreign commerce


Commerce clause Gibbons v. Ogden United States v. Lopez Gonzales v. Raich

War power Power to tax and spend


Federal mandates

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Powers of the States

Reserve powers

Concurrent powers

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Number of Governments in the United States

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Interstate Relations
Full faith and credit clause Interstate privileges and immunities Extradition Interstate compacts

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The Federal Courts and Federalism: McCulloch v. Maryland (1819)


Doctrine of Implied National Powers Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional.

Doctrine of National Supremacy The power to tax involves the power to destroyIf the right of the States to tax the means employed by the general government be conceded, the declaration that the constitution, and the laws made in pursuance thereof, shall be the supreme law of the land, is empty and unmeaning declamation.

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The Great Debate: Centralists versus Decentralists


Centralism
Supporters: Chief Justice John Marshall, Presidents Abraham Lincoln, Theodore Roosevelt, and Franklin Roosevelt, and the Supreme Court for most of its history Position: The central government should be denied authority only when the Constitution clearly prohibits it from acting

Decentralism
Supporters: Anti-Federalists, Thomas Jefferson, Supreme Court from 1920s to 1937, and Presidents Ronald Reagan and George W. Bush

Position: Views the Constitution as a compact among states that gives the central government very little authority

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The Supreme Court and the Role of Congress


Beginning in 1995, justices interested in granting more deference to state authority gained a slim five-to-four majority in the Supreme Court

The Constitutional Counterrevolution


A return to an older version of federalism not embraced since the constitutional crisis over the New Deal in the 1930s
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Regulatory Federalism
FEDERAL GRANTS: Supply state and local governments with revenue Establish minimum national standards (eg., highways,

clean air)
Equalize resources among the states Attack national problems, yet minimize the growth of federal agencies
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Types of Federal Grants


In 1996 there was a shift from categorical grants to block grants
2 types of categorical grants:
Formula grants Project grants

Block grants
Far more flexible
Purposes of Federal Grants to State and Local Governments
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The Politics of Federal Grants


The Republican Contract with America called for devolution the transfer of political and economic power to the states For example: Welfare

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The Politics of Federal Grants: Devolution

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New Techniques of Federal Control

Total and Partial Preemption Crossover Sanctions Cross-Cutting Requirements Direct Orders

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The Growth of National Government


Why has the power of the national government grown over the last two centuries?
Industrialization
Great Depression WWII

Political leaders promotion of federal


initiatives

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The Future of Federalism


During recent decades, state governments have become stronger than ever.
-Increasingly aggressive on economic and environmental matters -Questionable effect on minority rights
Even so, the persistence of international terrorism, the wars in Afghanistan and Iraq, and rising deficits all ensure a substantial role for the national government in the years to come.

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