The History of Federalism It s as simple as cake
Federalism is real American goodness
Dual Federalism: Marshall Court Era
Marshall Court Federalism: Establishing a strong national government The necessary ingredient 1789-1834 Period of nationalization Dual federalism concept but the national government dominates Led by John Marshall (federalist = strong nat l gov t) 1801-1835 Loose constructionist view of Constitution Using the elastic clause to grant implied powers McCulloch v. Maryland (supremacy clause/ issuing currency/borrowing money/taxation) Gibbons v. Ogden (interstate commerce) Miscellaneous Case Marbury v. Madison (judicial review)
In other words Marshall Court dual federalism looked like this
Dual Federalism (1835-1865)
Dual Federalism Vegetable oil and water don t mix 1835-1865 Division of powers between the state and national government still exists but now shifts to favor the states/individual under the Taney Court Dred Scott case Era of industrialization Strict constructionist view of the enumerated powers and 10 th Amendment thus limiting the elastic clause Post-Civil War - pre-great Depression dual federalism intact but no level of government dominates
In other words Taney Court dual federalism looked like this
The transition Dual to Cooperative
Why the need to change? Time and events fundamentally altered the scope & purpose of government Great Depression States overwhelmed with the burden of promoting the general welfare (unemployed) The federal government could assist
Cooperative Federalism
Cooperative Federalism Mixing a masterpiece 1930s-mid 1960s Increasing role of federal government in domestic policy Policy sharing technique- use of federal grants-in-aid to encourage states to pursue the national agenda Categorical grants Formula Project Policy examples: New Deal programs- Feds set policy states implement it Interstate highway system Great Society programs (Medicare, Medicaid, Elementary & Secondary Education Act)
Devolution
Devolution Cutting the cake 1968-2001 (possibly still today) Origins: President Nixon late 1960s-early 70s (new/fiscal federalism) Strengthened by Reagan (devolution revolution 1980s) Returning more authority to the states Increased use of block grants to limit unfunded mandates States are laboratories of experimentation Policy examples: The 1996 Welfare Reform Act reduced the restrictions on how states spend federal grant money
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. End of the Devolution Revolution?
Death of Devolution?
Death of Devolution? Recent policy examples: Highway funding (seat belt laws, drinking age) Mandatory seat belt laws. Live free or die!
Death of Devolution? Recent policy examples: Education: No Child Left Behind (Bush) Race to the Top (Obama)
Death of Devolution? In every case the feds create program and if states want the money they have to accept the stipulations But
Death of Devolution? When it comes to non-monetary issues the feds are not usually as concerned Pot
Reviewing Grants-in-aid basics Definition- money paid by one level of government to another to provide a method to redistribute income thus removing gross inequality among states and its citizens Types: Block Categorical- project & formula
Purpose Helps solve a financial dilemma for states Most states must have a balanced budget, the federal government does not DC pays the bill and states run the programs Superior option to unfunded mandates
Positive Attributes of Grants Attractive to both state and federal governments POLITICS Free money to the states State governments can take credit for getting the money and still blame Washington for high taxes All states can benefit from many programs Congressmen use these porkbarreling practices to secure re-election
Negative Attributes of Grants National government seeking to control state responsibilities In effect bribing states to do the federal government s bidding Winners & losers Unequal distribution of wealth (tax money back to the states) Certain grants must by matched by state funds
Advantages/Disadvantages of Federalism Positive Ideally suited for a large geographic area Keeps government close to the people Multiple routes for participation Promotes diverse policies & encourages experimentation Allows for quick action on matters of local concern Avoids a concentration of power Prevents tyranny Multiple centers of power so one faction can t dominate
Advantages/Disadvantages of Federalism Negative Incredibly expensive Taxation at multiple levels Duplication of services Inefficient Gridlock, more laws/red tape Confusion knowing what different levels of government are doing Inequality as states differ in the resources they provide Residents of some states receive better/worse benefits Inequality in federal funding to the states per tax dollar Encourages/favors those involved in special interest groups Squeaky wheel receives the grease Federal government blackmails state governments to do its bidding Examples: Lowering the Blood Alcohol Content limit Seat belt laws