POLI 100 Chapter 4 Federalism

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Transcript of POLI 100 Chapter 4 Federalism

Chapter 4: FederalismThe division of power between a central government and regional governmentsFederalismCan be described as the principle in which two (or more) governments exercise power and authority over the same people and the same territoryOften the powers are clearly separated:Currency, Education and National DefenseOther times the powers overlap:Law Enforcement and Civil LibertiesOverlapping powers often lead to confusion and conflictDual FederalismTheories of FederalismA view that holds that the Constitution is a compact among sovereign states, so that the powers of the national government and the states are clearly differentiatedRequires that:National government is to rule by enumerated (Article 1) powers onlyNational government has a limited set of purposes granted in the constitutionEach level of government is sovereign within its own sphereThe relationship between the levels of government is best characterized by tension, rather than cooperationUnder dual federalism, the national government and state governments work separately from each otherStates' RightsStates' rights refers to the idea that all rights not specifically granted to the national government by the constitution are reserved to the statesCritics argue that the "elastic" clause, which grants the national government the powers needed to execute the enumerated powers, has been misusedLayer-cake federalism: the metaphor that describes federalism as a layer-cake in which the state and national governments are distinct with little to no overlap in powersDual FederalismCritics of dual federalism can point to some specific problems:37 of the 50 states joined the union after the federal government was created, and were given territories acquired by national governmentIf state and national governments are to be distinct and separate, there would be no expectation for cooperation between the federal and state governments, meaning the states could refuse to cooperate with national law enforcement and intelligenceLeaves no room in the interpretation for the rights, roles, and responsibilities of the citizens in the federal/state division of power, even though the constitution is written by and about "the people"Theories of FederalismCooperative FederalismA view that holds that the Constitution is an agreement among people who are citizens of both state and nation, so there is much overlap between state and national powersRequires that:National and state agencies typically undertake government functions jointly, rather than individuallyNation and state routinely share powerPower is not concentrated at any level of government, or in any agencyBakery Metaphor:Cooperative FederalismCooperative federalism is more like a marble cake than a layer cake. The two governments do not act separately, but rather intermingle in many facets of governingIt is important to note that proponents of this view cite the "supremacy clause" which specifically says that the national law is supreme to that of the state, and that government officials should ignore any state laws that are inconsistent with the laws of the federal government, the Constitution, or treatiesGenerally, proponents of dual federalism acknowledge that it is an ideal, or how government ought to be, but that it is not how the government actually worksCooperative or Distinct GovernmentsWhich type of federalism we have has been a source of debate for most of the nations historyAmerican Federalism is dynamic, meaning that it is responsive to changes and new challengesPoliticians at both levels generally base policy on what is practical and necessary, rather than on which level of government should be responsible for itCitizens generally recognize that the distinctions between levels of government are blurry and that the kinds of decisions that need to be made usually cross over between the governmentsExamples of Shared Governmental AuthorityNational Crises and DemandsWorld Wars, Civil War, Depression, September 11th, etc.In many cases, the problems and solutions are much too large for state governments and their resourcesExamplesHurricane KatrinaSeptember 11thExamples of Shared Governmental AuthorityJudicial InterpretationAfter granting minorities the right to vote in the 15th Amendment, many states have tried to require specific qualifications for voting (poll taxes, literacy tests, drivers licenses, etc). The courts have ruled in favor of the national government http://www.cnn.com/2016/08/31/politics/supreme-court-north-carolina-voter-id/index.html?eref=rss_politicsThe courts have interpreted national government power to include the regulation of commerce as granted in the constitutionJudicial interpretation of the powers of states vs the national government have shifted as its membership has changed, as well as with the times. Some have suggested that the interpretations have changed alongside the congressional majorityExamples of Shared Governmental AuthorityGrants-in-AidMoney provided by one level of government to another to be spent for a given purpose -- almost always with strings attached (see interstate highway system)Categorical grants: target specific purposesFormula grants: specify who qualifies, and how much they qualify for based on a set of defined rulesProject grants: competitive grants for specific purposesBlock grants: awarded for general purposesMay require programs or policies to award them at the state level when federal money is usedExamples of Shared Governmental AuthorityProfessionalization of State GovernmentsState government officials now hire policy advisers and trained staff, which was uncommon before the 1960sState legislators meet more often, and are also paid higher salaries, which has helped to attract more highly qualified people to run for state officeThe ability of states to tax, and to design policy has increased their ability to effectively govern, putting them closer to the national governmentAdvisers and other unelected officials have higher levels of education than the elected officials they serveThe Role of Ideology in American FederalismPolicy Entrepreneurs: citizens, members of interest groups, or public officials who champion particular policy ideasInfluential individuals are able to share ideas and to try to influence other policymakers at all levels of government, and in all branches to interpret federalism in the same way that he or she doesCan include trading favors with other policy makersConservatives have generally been characterized as advocating for states' rightsTheoretical FederalismThey have argued that local problems require local solutions, and that the state is better equipped to deal with them.Advocates of this view say that people are free to move to a different state if they disagree with their states' policiesLiberals have generally been characterized as advocating against states' rightsMany argue that states' rights allowed extreme inequalities to thrive (discrimination against minorities, economic and political inequalities that disproportionately served the interests of certain groups)Advocates of this view believe that people do better when there is some uniformity in life between statesPractical Federalismpreemption: the power of Congress to enact laws by which the national government assumes total or partial responsibility for a state government functionWhen the national government becomes involved it reduces the power of the state governmentHas been historically rare, but more common in the last hundred years. ex: food labelingworks in two ways:mandate: a requirement that a state undertakes an activity or provides a service, in keeping with minimum national standards. see: Medicaidrestraint: a requirement laid down by act of Congress, prohibiting a state or local government from exercising a certain power. ex: prohibitionHow Ideology Plays a Role in FederalismThe traditional conservative/liberal split does not adequately explain positions on federal impositions on state governmentsYou will recall that the balance of freedom, order, and equality requires not just a consideration of one over another, but also a consideration of the contextFor this reason, you will see many conservative Presidents who tended to support policies that favored the national government over the states.But the context of the policy is what makes the decision make sense:Conservatives claim to value states' rights, but often will support national policies that benefit private business over states. They also favor national policies regarding environmental regulation, as opposed to state specific policies. Recently, conservatives have advocated for a Constitutional Amendment to specify that marriage meant between one man and one woman, out of fear that some states may legalize gay marriage. Under George W. Bush, there was a renewed push to stop gay marriage. Liberals are often regarded as favoring "big government," or an all-powerful national government, but may often advocate for states' rights on issues of liberty. Liberals have favored allowing states to legalize medicinal and recreational use of marijuana, under the assumption that the national gov't may be too slow to respond. Under Clinton, the policies tended to favor the states when state interests were pitted against private business interests. Under Obama, big business interests seem to have taken precedence over states rights. Federalism in ElectionsOfficials in State govt very often continue their careers at the national level. This is especially common for executives from the state level (governers, etc)Allows them to network, build a connection to other state officials and to those in the federal government. Fundraising is a learned skill, and usually the state level is seen as a proving ground for those with political ambitions.Congressional Redistricting: the process of re-drawing political boundaries to reflect changes in the population (every 10 years)Done at the state level, by state legislatures, even though the outcome impacts the national level elections. This generally gets a lot of attention as states can basically make or break national government candidates chances of election by making changes to the districtsThe redistricting that is carried out at the state level must also be approved by the U.S. Dept. of Justice, a national government agency to be sure it is not designed to disenfranchise certain groupsLocal GovernmentIn addition to the federal government, and 50 state governments, there are also over 80,000 local governments in the U.S.Municipal governments: gov't units that administer a city or town (mayor, city council, department of parks and rec, etc)County governments: gov't units that administer a county (county commissioner, sheriff, etc.--some states divide counties up into "townships" which also have governments)School district: the gov't unit that administers elementary and secondary school programs (superintendant, school board, etc.)Special districts: gov't units created to perform particular functions, especially when those functions are best performed across jurisdictional boundaries (Port authority of NY, Bay Area Rapid Transit [BART], etc.)Each type of local government has different duties, though there may be some overlap in jurisdictionComparing Local and NationalMost people believe that local governments provide the most responsive type, primarily because the voters are much closer to the representativesResearch says that this is true, but that Americans generally don't show up to vote in local contests.People also tend to believe that local governments are better able to respond to emergencies than the national gov'tResearch says that this may be true, but that many times local governments simply lack the resources needed to provide for their population in an emergencyHaving a responsive government seems to be in line with the majoritarian model of democracy, while having a complex hierarchical government seems to fit in better with a pluralist model of democracy, where even the levels of government can be seen as competing interests when they clash with each otherSome scholars have argued that dual federalism ended with the presidency of FDR, specifically the SCOTUS' support of the New Deal, which put the solutions to many major problems in the hands of the federal government.