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Tuesday, January 11, 2011
Monday, January 10, 2011
Political Science- Chapter 5
Chapter 5: Federalism
Federalism- the division of power between the federal government (national) and the state government (regional).
The word federalism is not mentioned in the constitution, but the idea is clearly defined. The constitution discusses all different powers:
1. Delegated powers- expressed or enumerated powers- powers specifically given to the federal government in Article 1, Section 5 of the constitution:
a. Coin and print money.
b. Regulate trade- foreign and interstate.
c. Provide for army and navy
d. Declare war.
e. Establish courts- federal courts under the Supreme Court.
f. Conducts foreign relations.
g. Acquires land and admits new states.
h. Regulates immigration and naturalization.
i. Necessary and proper clause- they can make all laws that they feel are necessary and proper to fulfill their duties= elastic clause.
2. Implied powers- powers which you assume can be done because of the necessary and proper clause.
Inherent powers are powers that exist for the national government because they rule, for example deporting aliens.
3. Concurrent powers- powers that belong to both the state and federal government:
a. Levy taxes.
b. Borrow money.
c. Spend money for general welfare.
d. Protect the people’s safety and welfare.
e. Make and enforce laws.
f. Regulate and charter banks.
g. Establish courts.
4. Reserved powers- belong to the state. They aren’t denied to the state or obligated to the federal government.
a. Regulate intrastate trade- within the state.
b. Establish local government.
c. Establish public schools.
d. Administer state elections.
e. Regulate corporations.
f. Protect health and morals.
g. Licensing for professionals.
Advantages of federalism:
1. Encourages diversity- very good for a large area because it allows for different ideas to be heard.
2. Protects against tyranny- multiple layers of government protect against tyranny.
3. Increases participation- more involved in the government. There are about 86,000 government workers.
4. Improved efficiency- you now have decentralization and the many governments can work better.
5. Increases government responsiveness- competing governments are more aware and responsible of your needs.
6. Encourages policy innovation- encourages experimentation. It also inspires competition.
7. Manages conflict well- because it allows for diversity.
Disadvantages of federalism:
1. Obstructs national policy- every state is into their state and doesn’t focus on the federal government.
2. Allows for inequalities- every state can spend their money as they wish.
3. It’s very complex- there are many governments to deal with.
4. Duplication of functions.
5. Conflict of authority- it is hard to discern who to listen to.
Interstate relations-
1. Every state must sign the full faith and credit clause- will recognize laws and legal documents such as:
a. Driver’s license
b. Wills
c. Marriage license
2. Privileges and immunities- every state may not discriminate against the resident of another state. He can:
a. Drive through
b. Buy land
c. Enter into contracts
This does not apply to voting and regulating professions.
3. Extradition- must return a fugitive to the state which they ran from.
4. Interstate compacts- agreements between states.
Article 4 of the constitution lists guarantees to the states:
1. Representative form of government.
2. Protection from foreign invasion.
3. Protection against domestic violence within the country.
4. Boundaries will be protected.
Establishment of natural supremacy of the government-
Article 6 of the constitution has in it the supremacy clause- states that the constitution is supreme. This helps any conflict between the national and state governments.
1. McCulloch vs. Maryland- the supremacy of the federal government was pronounced. There was a federal bank in Maryland. The state of Maryland taxed the bank heavily. McCulloch, the head of the bank, didn’t want to pay the tax. In the state court, they ruled in favor of Maryland. But the federal government said that although nowhere in the constitution does it say that the federal government could have a bank, they were granted permission to tax, and under the elastic clause they’re allowed to make a place to store that money- banks. The state of Maryland may not tax this bank out of existence.
2. Gibbons vs. Ogden- the crux of the issue was whether the federal government controls interstate trade and if it has exclusive rights over interstate trade. New York State gave Aron Ogden the right to operate a ferry between New York and New Jersey. Meanwhile, Thomas Gibbons got a national government license to operate on these same waters. Ogden sued in the state court and won. But when it went to the Supreme Court, Marshall ruled that all commerce is business and the federal government has the right to regulate all interstate business. Today, the government uses the commerce clause very broadly- they regulate all kinds of economic activity.
Federalism today-
Since the founding of the USA, society has evolved and along with it federalism:
1. Dual federalism- the earliest federalism, from 1789- New Deal. Dual federalism is the idea that each part of federalism is supreme in their domain. This is nicknamed the layer cake.
2. Cooperative federalism- it started with the New Deal, when the federal government got much more involved. The state and the federal government worked together and they called it marble cake. The roles are intertwined and they work together to solve problems.
3. New federalism- during Nixon, Reagan and Bush they came up with the idea of backing up from cooperative federalism and giving the state more power. This is called devolution- transfer of power to political subunits. The national government under Obama specifically dictated how the stimulus money should be spent.
4. Fiscal federalism- the government’s method of controlling the states through money. There are many ways how the federal government influences the state through grants of money:
a. Grants-in-aid- money given to the states and local governments for specific projects.
b. Categorical grants- grants defined by law, such as school lunch programs. A lot of categorical grants demand matching funds- state has to pay as much as the federal government.
c. Block grants- a lump of money used for a broad topic. Block grants offer more freedom- it’s money without strong attached.
d. Revenue sharing grants- began under Johnson and continued under Nixon. This was real freedom- a lump of money that could be used for anything. It never exceeded two percent of revenue. It was eliminated under Reagan.
e. Mandates- requirements that are imposed by the federal government. Sometimes they’re funded and sometimes, they’re non-funded. In 1994, the federal government passed a law limiting the number of non-funded mandates.
Federalism- the division of power between the federal government (national) and the state government (regional).
The word federalism is not mentioned in the constitution, but the idea is clearly defined. The constitution discusses all different powers:
1. Delegated powers- expressed or enumerated powers- powers specifically given to the federal government in Article 1, Section 5 of the constitution:
a. Coin and print money.
b. Regulate trade- foreign and interstate.
c. Provide for army and navy
d. Declare war.
e. Establish courts- federal courts under the Supreme Court.
f. Conducts foreign relations.
g. Acquires land and admits new states.
h. Regulates immigration and naturalization.
i. Necessary and proper clause- they can make all laws that they feel are necessary and proper to fulfill their duties= elastic clause.
2. Implied powers- powers which you assume can be done because of the necessary and proper clause.
Inherent powers are powers that exist for the national government because they rule, for example deporting aliens.
3. Concurrent powers- powers that belong to both the state and federal government:
a. Levy taxes.
b. Borrow money.
c. Spend money for general welfare.
d. Protect the people’s safety and welfare.
e. Make and enforce laws.
f. Regulate and charter banks.
g. Establish courts.
4. Reserved powers- belong to the state. They aren’t denied to the state or obligated to the federal government.
a. Regulate intrastate trade- within the state.
b. Establish local government.
c. Establish public schools.
d. Administer state elections.
e. Regulate corporations.
f. Protect health and morals.
g. Licensing for professionals.
Advantages of federalism:
1. Encourages diversity- very good for a large area because it allows for different ideas to be heard.
2. Protects against tyranny- multiple layers of government protect against tyranny.
3. Increases participation- more involved in the government. There are about 86,000 government workers.
4. Improved efficiency- you now have decentralization and the many governments can work better.
5. Increases government responsiveness- competing governments are more aware and responsible of your needs.
6. Encourages policy innovation- encourages experimentation. It also inspires competition.
7. Manages conflict well- because it allows for diversity.
Disadvantages of federalism:
1. Obstructs national policy- every state is into their state and doesn’t focus on the federal government.
2. Allows for inequalities- every state can spend their money as they wish.
3. It’s very complex- there are many governments to deal with.
4. Duplication of functions.
5. Conflict of authority- it is hard to discern who to listen to.
Interstate relations-
1. Every state must sign the full faith and credit clause- will recognize laws and legal documents such as:
a. Driver’s license
b. Wills
c. Marriage license
2. Privileges and immunities- every state may not discriminate against the resident of another state. He can:
a. Drive through
b. Buy land
c. Enter into contracts
This does not apply to voting and regulating professions.
3. Extradition- must return a fugitive to the state which they ran from.
4. Interstate compacts- agreements between states.
Article 4 of the constitution lists guarantees to the states:
1. Representative form of government.
2. Protection from foreign invasion.
3. Protection against domestic violence within the country.
4. Boundaries will be protected.
Establishment of natural supremacy of the government-
Article 6 of the constitution has in it the supremacy clause- states that the constitution is supreme. This helps any conflict between the national and state governments.
1. McCulloch vs. Maryland- the supremacy of the federal government was pronounced. There was a federal bank in Maryland. The state of Maryland taxed the bank heavily. McCulloch, the head of the bank, didn’t want to pay the tax. In the state court, they ruled in favor of Maryland. But the federal government said that although nowhere in the constitution does it say that the federal government could have a bank, they were granted permission to tax, and under the elastic clause they’re allowed to make a place to store that money- banks. The state of Maryland may not tax this bank out of existence.
2. Gibbons vs. Ogden- the crux of the issue was whether the federal government controls interstate trade and if it has exclusive rights over interstate trade. New York State gave Aron Ogden the right to operate a ferry between New York and New Jersey. Meanwhile, Thomas Gibbons got a national government license to operate on these same waters. Ogden sued in the state court and won. But when it went to the Supreme Court, Marshall ruled that all commerce is business and the federal government has the right to regulate all interstate business. Today, the government uses the commerce clause very broadly- they regulate all kinds of economic activity.
Federalism today-
Since the founding of the USA, society has evolved and along with it federalism:
1. Dual federalism- the earliest federalism, from 1789- New Deal. Dual federalism is the idea that each part of federalism is supreme in their domain. This is nicknamed the layer cake.
2. Cooperative federalism- it started with the New Deal, when the federal government got much more involved. The state and the federal government worked together and they called it marble cake. The roles are intertwined and they work together to solve problems.
3. New federalism- during Nixon, Reagan and Bush they came up with the idea of backing up from cooperative federalism and giving the state more power. This is called devolution- transfer of power to political subunits. The national government under Obama specifically dictated how the stimulus money should be spent.
4. Fiscal federalism- the government’s method of controlling the states through money. There are many ways how the federal government influences the state through grants of money:
a. Grants-in-aid- money given to the states and local governments for specific projects.
b. Categorical grants- grants defined by law, such as school lunch programs. A lot of categorical grants demand matching funds- state has to pay as much as the federal government.
c. Block grants- a lump of money used for a broad topic. Block grants offer more freedom- it’s money without strong attached.
d. Revenue sharing grants- began under Johnson and continued under Nixon. This was real freedom- a lump of money that could be used for anything. It never exceeded two percent of revenue. It was eliminated under Reagan.
e. Mandates- requirements that are imposed by the federal government. Sometimes they’re funded and sometimes, they’re non-funded. In 1994, the federal government passed a law limiting the number of non-funded mandates.
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