1) What makes a local / state government part of a federal system? What must it be able to do?

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1 Chapter 3 Guided Reading Questions 1) What makes a local / state government part of a federal system? What must it be able to do? INDEPENDENT EXISTENCE, FINAL AUTHORITY OVER SOME ASPECT OF GOVERNMENTAL ACTIVITIES 2) Give three examples of nations with federal governments today, and three examples of nations today that are not federal. Explain why the second list of countries is not federal. UNITED STATES, AUSTRALIA, GERMANY, MEXICO, SOUTH AFRICA, IRAQ Britain, France, Russia?, Myanmar, Pakistan, Iran 3) From what source(s) does a subnational government derive its power? Thoroughly explain. CONSTITUTION AND CITIZENS 4) Why do some experts say federalism is a positive system of government, while others claim it has a negative impact on the role of government? Explain thoroughly. Negative view ( LASKI, RIKER): Federalism blocks progress and protects powerful local interests Positive view (ELAZAR): Federalism contributes to governmental strength, political flexibility, and fosters individual liberty small political units allow all relevant interests to be heard Federalism increases political activity through local connections and commitment 5) What is the most obvious effect of Federalism? Why? Give a current example (this part of the question is NOT in the book). GIULIANI, 4 OF PAST 5 PRESIDENTS WERE GOVERNORS, DRIVERS LICENSES, ETC. 1 A P A m e r i c a n G o v e r n m e n t C h a p t e r 3

2 6) What is the elastic clause and what does its language allow Congress to do? Who says whether Congress applied this language appropriately? Give an example. Article I, Section 8, Clause 18 The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." 7) Thomas Jefferson and Alexander Hamilton believed the power and scope of US Constitution to be significantly different, explain the point of view of each and why they felt their interpretation was accurate. Jefferson believed the nation s strength lay in its agricultural roots. He believed that the people should be the final authority in government, and favored direct democracy at the local level. He was very opposed to a strong central authority, and advocated a strict interpretation of the Constitution based on the 10 th amendment where most powers were reserved for the states. Hamilton envisioned America becoming an industrial power.. He believed a strong government was necessary to provide order so that business and industry could grow, and therefore favored a strong central authority run as a Republic by those who were educated and wealthy rather than the mob. He advocated a loose interpretation of the Constitution which relied on the Elastic Clause rather than the 10 th amendment. 8) On Page 55 there is an inset entitled How Things Work: The States and the Constitution. Read these excerpts from the Constitution and answer the complete the following: a) List 3 restrictions placed upon States. No treaties, no currency, no titles of nobility b) List 3 guarantees the Federal Government gives to the States. No states broken up or merged, uniform taxes, no unequal representation c) What is extradition? Sending a person who commits a crime to from one state or country back to the state or country where they committed the crime for trial d) What do you think Article 4 Section 2 means? (Art. IV, sec. 2) 2 A P A m e r i c a n G o v e r n m e n t C h a p t e r 3

3 9) Who were the two questions presented to the Supreme Court in McCulloch v. Maryland and how were the questions answered? The Supreme Court speaks 1. Hamiltonian position espoused by Chief Justice John Marshall 2. McCulloch v. Maryland (1819) settled two questions a) Could Congress charter a national bank? Yes, even though this power is not explicitly in the Constitution because of the necessary and proper (elastic) clause. b) Could states tax such a federal bank? No, because national powers were supreme and therefore immune to state challenge. 3. Later battles related to federal taxes on state and local bond interest 10) What is the doctrine of nullification? What are the two examples from US History when it was attempted to apply this doctrine? Who were the ones who tried to apply it? How was the issue resolved? Be specific and explain. Nullification : states had the right to declare null and void a federal law that they believed violated the Constitution Authors: James Madison (Virginia Resolutions), Thomas Jefferson (Tennessee Resolutions), and John Calhoun Question settled by the civil war: the federal union was indissoluble and states cannot nullify federal law; position was later confirmed by the Supreme Court 11) What is the doctrine of dual federalism? How did the Supreme Court originally try to decide which government (state or federal) had the authority to regulate economic activity? How does the court feel about dual federalism today? Dual federalism: both national and state governments are supreme in their own spheres, which should be kept separate 1. Example: interstate vs. intrastate commerce a) Early product-based distinctions were unsatisfactory b) Still, the Supreme Court does seek some distinction between what is national and what is local, though it is not entirely consistent in its support of state sovereignty 2. Doctrine of dual federalism still is argued, however and sometimes successfully 3 A P A m e r i c a n G o v e r n m e n t C h a p t e r 3

4 12) Give two examples of how the Supreme Court has ruled in favor of the sovereignty of the state rather than that of the federal government. Thoroughly explain each decision. Supreme Court has strengthened states rights in several recent cases a) U.S. v. Lopez (1995), guns in schools b) U.S. v. Morrison (2000), overturned Violence Against Women Act of 1994, stating that attacks against women do not substantially affect interstate commerce c) Printz v. U.S. (1997), background checks on gun purchasers Supreme Court has also strengthened the Eleventh Amendment, protecting states from suits by citizens of other states or foreign nations a) Alden v. Maine (1999), compliance with federal fair labor laws b) Federal Maritime Commission v. South Carolina Ports Authority (2002), states did not agree to become mere appendages of national government 13) What are initiative, referendum, and recall? Why do many states grant these direct democracy rights to their citizens? States constitutions may provide for direct democracy c) State constitutions more detailed about many matters, and thus view of government is more expansive d) Initiative passing legislation thru direct citizen vote e) Referendum vetoing legislation thru direct citizen bote f) Recall removing and elected official thru direct citizen vote 14) What are grants-in aid? What dilemma do they solve? How has the grants-in-aid program grown over the last 100 years? Does this system have a positive or negative impact on the federalist system in the United States? Grants-in-aid 1. Grants show how political realities modify legal authority 2. Began before Constitution with land and cash grants to states 3. Prevailing constitutional interpretation until late 1930s was that the federal government could not spend money for purposes not authorized by the Constitution grants were a way around this 4. Grants were attractive to state officials for various reasons. a) Federal budget surpluses (nineteenth and early twentieth centuries) b) Federal income tax increased revenues c) Federal control of money supply d) Appeared as free money for state officials, who did not have to be responsible for federal taxation 4 A P A m e r i c a n G o v e r n m e n t C h a p t e r 3

5 15) How did the grant-in-aid program change in the 1960 s? Meeting national needs s shift in grants-in-aid a) From what states demanded b) To what federal officials considered important as national needs c) Meanwhile, state and local governments had become dependent on federal funds 16) What is the intergovernmental lobby? What is the Big 7? What is the purpose of these organizations? 2. Hundreds of state and local officials lobby in Washington 3. The Big 7 a) U.S. Conference of Mayors b) National Governors Association c) National Association of Counties d) National League of Cities e) Council of State Governments f) International City/County Management Association g) National Conference of State Legislatures 4. Purpose: to get more federal money with fewer strings 17) What are categorical grants? What are block grants? What is revenue sharing? What are the positive and negative effects of these types of Federal aid? Categorical grants are for specific purposes defined by federal law; they often require local matching funds Conditions of aid: tells state governments what they must do if they wish to receive grant money; traditional control 5. Attached to grants 6. Conditions range from specific (apply to particular programs) to general (cover all or most grants) 7. Divergent views of states and federal government on costs and benefits of these conditions; each side attempts to bargain to pass on most of the cost to the other side Revenue sharing (sometimes called general revenue sharing) requires no matching funds and could be spent on almost any governmental purpose a) Distributed by statistical formula b) Ended in 1986, after fourteen years Block grants (sometimes called special revenue sharing or broad-based aid) were devoted to general purposes with few restrictions states preferred block to categorical grants 5 A P A m e r i c a n G o v e r n m e n t C h a p t e r 3

6 8. AFDC and Medicaid had operated as entitlements federal funds a fixed proportion of state spending on these programs 9. Republicans in 104th Congress proposed making these and other programs block grants 10. AFDC did actually become a block grant 11. Devolution became part of the national political agenda 12. Some evidence that devolution in welfare programs continued from states to localities, localities to non-profit and private organizations 13. New block grant programs were created for low-income housing, preschool education and other programs from ; these programs were cut or frozen by 2004 due to drops in state government revenues 14. Block grants grew more slowly than categorical grants because of the differences between the political coalitions that supported each a) Federal officials, liberal interest groups, organized labor tend to distrust state government; categorical grants give the national government more power b) No single interest group has a vital stake in multipurpose block grants, revenue sharing c) Categorical grants are matters of life or death for various state agencies d) Supervising committees in Congress favored growth of categorical grants e) Revenue sharing was wasteful because it was so widely distributed that it did not reach those with greater need in sufficient amounts 18) What are mandates? How are they different form aid? What impact both positive and negative do they have on the relationship between the federal and state governments? Mandates: tells state governments what they must 1. Mandates: federal rules that states or localities must obey, generally have little or nothing to do with federal aid a) Civil rights b) Environmental protection 2. May be difficult to implement and/or be costly 3. Mandates may also make it difficult for state/local governments to raise revenues, borrow funds, and privatize public functions; some may expose them to financial liability 4. Controversial mandates may result from court decisions (example, state prisons, school desegregation plans) 6 A P A m e r i c a n G o v e r n m e n t C h a p t e r 3

7 19) What is devolution? How was it manifested in the 1990 s? What is the difference between operational, capital, and entitlement grants? President Reagan attempted to cut back both federal money and conditions of aid; after a bump in the early 1990s, this was continued in the mid-1990s Vetoed 39 bills with pork, earmarks make my day I. A devolution revolution A. Devolution initiatives returned program management to the states, with some federal guidelines, but no guarantee of federal support B. What s driving devolution? 1. Devolution proponents harbor a deep-seated ideological mistrust of federal government and believe that state governments were more responsive to the people 2. Deficit politics encouraged devolution a) Major cuts sought in entitlement spending b) In return, governors were given more power and flexibility to implement program 3. Devolution supported by public opinion though strength of support uncertain 20) Who has sovereignty in the United States federal system? Sovereignty is defined as: 1) government free from external control 2) royal authority; the dominion of a monarch 3) the authority of a state to govern another state Dual sovereignty: federal and state govts 7 A P A m e r i c a n G o v e r n m e n t C h a p t e r 3

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