History Of Federalism
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Noelle Daley September 8, 2008
History of Federalism I.
Dual Federalism (1789-1945) a.
National Govt i. Foreign policy ii. National defense iii. Commerce
b.
State i. Local ii. Economic requirements iii. Criminal law
II.
Civil War a.
Slavery
b.
North wanted to unify, South wanted choice
c.
States wrote constutuiton
d.
States had power over national govt.
e.
States seceded (south)
f.
North Union i. Victory solidified federal power
III.
14th Amendment a.
Limits States Power
b.
Protects basic rights of citizens
i. Privileges & immunities clause – states may not abuse or take away privilages & immunities of American citizenship ii.Due process clause – all people get legal rights iii.Equal legal rights protection clause – all people should be equally protected c.
IV.
Gives more power to National govt.
Industrialization & Globalization (late 19th / early 20th century) a.
National govt. assumed larger role & had to regulate economy
b.
Globalization: trading abroad
c.
After stock market crash
Roosevelt & the New Deal
i. Attempt to revive economy & stop depression ii. Regulated banking & commerce iii. Social Security & other social services
V.
VI.
Cooperative Federalism (1945-1969) a.
State & local govt. administer federal programs
b.
States depend on federal funds
New Federalism (1969-present) a.
Give power back to states
b.
New Federalists argue: i. Need specific limits on federal power ii. DEVOLUTION: policy giving states power for some programs
c.
1.
1996 Welfare Reforms: national govt. gave states $ for welfare
2.
1 size fits all does NOT work
Advantages: i. Emphasis on local state govts. ii. National govt too intrusive & unaccountable
d.
Disadvantages: i. Many want a single seat power who holds responsibility ii. Easier to turn to 1 power 1.
e.
Ex: 2005 hurricanes –who to turn to?
Supreme Court i. Trying to give states back power ii. US vs. Lopez (1995) – Supreme Court said states decide whether or not guns should be allowed at school
iii.US vs. Morrison (2000) – states right to decide criminal laws & how to protect limit VII.
Federalism in Practice a.
Federal aid to states i. States rely heavily on federal aid ii. National govt. rely on states for federal policies
iii. fiscal federalism b.
Grants in aid i. Block grants – broad; no strings attatched ii. Categorical grants – specific w/ restrictions 1.
Projet grant
2.
Formula grant
iii. Ex: 1994 Republicans retook congress & gave away block grants c.
Federal Pressure on States i. Changed drinking age to 21 ii. MANDATES 1.
Unfunded mandates – no incentive, no $, HAVE to
2.
Regulated Federalism – work together, but foced
iii. Pre-emption – national govt. laws will overpower state govt’s laws 1.
National govt. can override state laws if there’s a compelling national interest
iv. Horizontal Federalism 1.
VIII.
States compete w/ one another
Advantages to Federalism a.
Fosters state loyalties
b.
Breaking down govt. to state, local, national helps organization
c.
Creates Laboratories of Democracy
d.
Encourages pluralism – allows people to get more involved
e.
Ensures separation of powers & prevents tyranny
f.
Prevents 1 National Policy
g.
Leads to lack of accountability
History of Federalism I.
Dual Federalism (1789-1945) a.
National Govt i. Foreign policy ii. National defense iii. Commerce
b.
State i. Local ii. Economic requirements iii. Criminal law
II.
Civil War a.
Slavery
b.
North wanted to unify, South wanted choice
c.
States wrote constutuiton
d.
States had power over national govt.
e.
States seceded (south)
f.
North Union i. Victory solidified federal power
III.
14th Amendment a.
Limits States Power
b.
Protects basic rights of citizens
i. Privileges & immunities clause – states may not abuse or take away privilages & immunities of American citizenship ii.Due process clause – all people get legal rights iii.Equal legal rights protection clause – all people should be equally protected c.
IV.
Gives more power to National govt.
Industrialization & Globalization (late 19th / early 20th century) a.
National govt. assumed larger role & had to regulate economy
b.
Globalization: trading abroad
c.
After stock market crash
Roosevelt & the New Deal
i. Attempt to revive economy & stop depression ii. Regulated banking & commerce iii. Social Security & other social services
V.
VI.
Cooperative Federalism (1945-1969) a.
State & local govt. administer federal programs
b.
States depend on federal funds
New Federalism (1969-present) a.
Give power back to states
b.
New Federalists argue: i. Need specific limits on federal power ii. DEVOLUTION: policy giving states power for some programs
c.
1.
1996 Welfare Reforms: national govt. gave states $ for welfare
2.
1 size fits all does NOT work
Advantages: i. Emphasis on local state govts. ii. National govt too intrusive & unaccountable
d.
Disadvantages: i. Many want a single seat power who holds responsibility ii. Easier to turn to 1 power 1.
e.
Ex: 2005 hurricanes –who to turn to?
Supreme Court i. Trying to give states back power ii. US vs. Lopez (1995) – Supreme Court said states decide whether or not guns should be allowed at school
iii.US vs. Morrison (2000) – states right to decide criminal laws & how to protect limit VII.
Federalism in Practice a.
Federal aid to states i. States rely heavily on federal aid ii. National govt. rely on states for federal policies
iii. fiscal federalism b.
Grants in aid i. Block grants – broad; no strings attatched ii. Categorical grants – specific w/ restrictions 1.
Projet grant
2.
Formula grant
iii. Ex: 1994 Republicans retook congress & gave away block grants c.
Federal Pressure on States i. Changed drinking age to 21 ii. MANDATES 1.
Unfunded mandates – no incentive, no $, HAVE to
2.
Regulated Federalism – work together, but foced
iii. Pre-emption – national govt. laws will overpower state govt’s laws 1.
National govt. can override state laws if there’s a compelling national interest
iv. Horizontal Federalism 1.
VIII.
States compete w/ one another
Advantages to Federalism a.
Fosters state loyalties
b.
Breaking down govt. to state, local, national helps organization
c.
Creates Laboratories of Democracy
d.
Encourages pluralism – allows people to get more involved
e.
Ensures separation of powers & prevents tyranny
f.
Prevents 1 National Policy
g.
Leads to lack of accountability
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