POLS 207: State & Local Government

Megan K. Dyer February 3, 2017

 Overview

Today: The Federal Context

1. What is federalism?
2. Why federalism? & why not?
 Federalism

Power-sharing arrangements

1. UNITARY SYSTEM
National govt creates sub-national govts & gives them power
Sub-national govts have NO independent authority
(administrative units)

2. CONFEDERATION
Central govt has only those powers given to it by the sub-units
A loose alliance of sovereign entities

3. FEDERAL SYSTEM
 Federalism

Federal System

Power constitutionally divided b/t:

1. central govt
2. subnational govts

Which countries & why?

Federal systems across the globe
 Federalism

Federal Systems

1. Different levels of govt control same people & territory

2. Important policy-making powers at different levels

3. Each level of govt protected from encroachment by the other

4. Each unit has the power to influence the behavior of the other
 Federalism

Federalism in the U.S.

About a set of legal & political relationships

Between:
the states & the national govt
& among the states
(i.e. horizontal or interstate relations)

Relationship has changed over time

Actually not a terrible metaphor

 The Case for Federalism

The REAL Reason for U.S. Federalism

The states were there FIRST!

(& werent going to go away)

U.S. Constitution ratification debate:

Fear of consolidating the states
(& giving power to a far-away central authority)

Federalism not really designed

But plenty of post hoc justifications for it!

National unity; Not the default position in the U.S.

 The Case for Federalism

Liberty, Power & Participation

Protection AGAINST TYRANNY

Even more division of power!
Federalist 51 the double security of a compound republic

DECENTRALIZATION of political power

Many leaders
Resists formation of natl political class

Greater PARTICIPATION in Govt

More offices & officeholders
More venues for citizen involvement
 The Case for Federalism

Policy Diversity & Efficiency

States can PIONEER SOLUTIONS!

laboratories of democracy

Greater EFFICIENCY
one size fits all not always good
(though sometimes it is!)
Improved delivery of public services

Policy RESPONSIVENESS
vote with your feet
(Assumes mobility of population)
Different communities can make laws suited to them.
 The Case for Federalism

The Advantages of Federalism

Different policies better suited for different states & their peoples

Significant differences
Cultural
Geographical
Economic
etc.

Federalism lets local communities manage their own affairs!

 The Faults of Federalism

Obstructing National Policy

The FLIPSIDE: Federalism lets local communities manage their own affairs!!!

Conflict w/ national power & NATIONAL INTEREST

Public policy ! FRAGMENTED

What is/should be nationally UNIFORM?

Civil liberties & civil rights?
Note: slavery, segregation & states rights

What else?
 The Faults of Federalism

Race to the Bottom

Federalism ! inter-state competition

(Flipside of efficiency)

1. Welfare cuts to discourage benefit-seekers

Does this actually work?

2. States attract business via incentives

e.g. tax rates, breaks & rebates
e.g. film in NM, corporations in DE

Note: Parallel w/international politics

e.g. E.U. & Ireland
Film studios take advantage of NM business incentives.
 The Faults of Federalism

Preserves inequalities

Tax rates & what gets taxed

Welfare benefits & availability

Quality of public education

Primary & secondary schools
State university systems
e.g. in-state tuition

State minimum wage

TX: No state income tax or vehicle property tax,
but one of the highest real estate tax rates
 The Federal Dimension of Public Policy

Should the standard be UNIFORM in all the states?

Should the federal govt be allowed to set a MINIMUM?

1. Security against foreign invasion, internal violence & insurrection

2. Currency & monetary policy
3. Protections of civil liberties & civil rights
4. Regulation of who can come to live & work
5. Labor law, employment protections, minimum wage
6. Environmental regulations
7. Quality of social services & benefits
8. Standards & funding for public education
9. Types of taxes, tax rates, & tax breaks
10. Definitions of crimes & criminal penalties
11. Civil contracts (including marriage contracts)
 Next: The Structure of Federalism

States first!

Is federalism a reflection of American history &

political tradition?

Or does it put the cart before the horse?

A bit of both?