We the People, Thirteenth Edition

Describe how the Constitution structures the relationships among the national, state, and local governments Federalism v Unitary System - Federal system is authority in both National and State level governments. Unitary means most of the authority rests in the central government. Smaller nations probably don’t need a federal government. E.G. Ghana is the size of a US state, it probably doesn’t need to split it’s government up into smaller portions the same way the US does. The US was the first nation to adopt Federalism as a governing framework. Pros - Allows for better diverse democratic participation, policy experimentation & innovation, ability to tailor policies to local preferences, competition to attract business means states are naturally in competition for best policies and governance (everyone leaving California being an example). Intergovernmental Relations - The act of negotiation and compromise within the US government (especially State and National) over policy responsibility. Expressed Powers - Powers given to congress in Article I Section 8 Implied Powers - “to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers.” This resulted in the Federal government slowly gaining more power over the years (maybe now there should be an amendment put into place, creating a system to start culling unneeded laws and powers.) Reserved Powers - Any powers not given to the federal gov, or restricted from the states, are reserved for the states. Concurrent Powers - Powers shared by the federal and state governments. Police Powers - The ability for States to coerce and enforce in the name of the community with the police. (Criminal laws, marriage & divorce laws, licensure, defining private property etc) Full Faith and Credit Clause - Article IV. State’s obligations to another, Generally they are expected to uphold laws, “Public Acts, Records, and Judicial Proceedings” in other states as if they had made it themselves (with exceptions). Framers wanted the states to be less of independent countries and more like parts of a whole. Comity Clause - Privileges and Immunities should be equal state to state. E.g. Alaska can’t give priority jobs to Alaskan residents over people from other states. Also, states are required to return fugitives to states to be prosecuted. Commerce Clause - The United States Congress shall have power "[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." This clause was kind of the beginning of more power to the federal government. Home Rule - Local governments aren’t mentioned in the constitution, they are under the rule of the states. Most local governments are under Home Rule, pretty much they just handle their own affairs. Governments in U.S. National - 1 State - 50 Country - 3,031 Municipal - 19,495 Townships - 16,253 School Districts - 12,754 Other Special Districts - 38,542 Explain how the relationship between the federal and state governments has evolved over time Crisis Shifts power - National crises usually shift powers to the federal government, 9/11, Economy crash in 2008, and most recently, the pandemic in 2020. The New Deal of the 1930’s - Before this, the states had much more power, and the federal government was much more handsoff. It was during the New Deal that the central government gained vast new powers. The Traditional System (1789–1937) National Government Policies (Domestic) -Internal improvements -Subsidies -Tariffs -Public land disposal -Patents -Currency State Government Policies -Property laws (including slavery) -Estate and inheritance laws -Commerce laws -Banking and credit laws -Corporate laws -Insurance laws -Family laws -Morality laws -Public health laws -Education laws -General penal laws -Eminent domain laws Local Government Policies -Adaptation of state laws to local conditions -Public works -Contracts for public works -Licensing of public accommodation -Zoning and other land-use regulation -Basic public services -Construction codes -Land-use laws -Water and mineral laws -Criminal procedure laws -Electoral and political party laws -Local government laws -Civil service laws -Occupations and professions laws Necessary and Proper Clause - Elastic Clause. McCulloch v. Maryland - Decided that the Federal government has the power to regulate commerce. The Gibbons v. Ogden - Decision held that Congress has the right to regulate interstate commerce. The United States v. Lopez - Decision ruled that regulating guns near schools was a state prerogative. The Great Depression - The Federal government gave itself lots of power in order to create a safety net of social programs. The New Deal - (1933) Franklin D Roosevelt threw the Federal government into gear to mitigate The Great Depression. They did this through temporary relief and work programs, as well as the creation of several federal programs to be financed by the national government and ran by the state governments, these were created to provide better economic security. All of these together was called The New Deal and signaled a new era of a more engaged and powerful central government. Grants-in-aid - When the government gives money to the states to do certain things. Sometimes the states were expected to match the amount given, sometimes the federal gov paid 90% of the necessary funds. Categorical grants - A type of Grant-in-aid, the federal gov pays most of the funds, and also purposes and categories that the money is to be spent on. The most expensive example being the medicaid program, which ensured that people could get medical treatment even if they couldn’t pay for it. There are two kinds of Categorical Grants: (1) Formula Grants (States get aid based on Mathematical decision making) and (2) Project Grants (State creates a proposal and competes with other states over a limited pool of resources). Dual v Cooperative Federalism - Before The New Deal, the US governmental system was a Dual Federalism. Essentially, a defined clear line where powers are either federal or state level responsibilities. Cooperative Federalism grew out of the Categorical grants, essentially blurring the lines between Federal and State authority, difficult to say where one ends and the other begins. Essentially, the Federal government technically isn’t making decisions on local policy, but they can heavily encourage certain policies by providing funding. The amount of Categorical Grants have exploded since 1990. Regulated Federalism - The national government sets certain standards (AKA Mandates) for states to follow regarding certain areas of concern (e.g. environmental, social, education, etc.) to better unify the country in those areas. Unfunded Mandates - Requirements put on to the states by the federal government without funding, leaving the states to gather their own funding (sometimes in the billions) to effectively fulfill the mandates. Preemption power - When the national government takes over areas of concern if they feel that states are lacking. In the 1970’s this included pollution mitigation, access for the disabled, etc. After 1994 (when Republicans became majority in congress) the gov limited the ability for states to tax and regulate industry. Analyze what difference federalism makes for politics and government Debate - Lot’s of questions about how effective our current federalism system really is: -Might states be sources of experimentation and innovation, the “laboratories of democracy,” as Supreme Court Justice Louis Brandeis suggested? -Which responsibilities are states capable of managing and financing? -Does interstate competition enhance or impede efficiency? -Who prefers national rather than state control? -And do multiple levels of government in fact promote citizen engagement? New Federalism - Giving more power to the states. Nullification - The extreme view of the 10th amendment that states don’t have to follow federal laws they deem to be out of their authority or unconstitutional. Devolution - (popular since 1970’s) The view/effort to shift power away from the federal government and towards the states. Block Grants - Led by President Nixon, a block grant is a grant where the state has much more freedom, compared to categorical grants, to spend the money how they want. More broad categories assigned to how the funds should be used. General Revenue Sharing - When one unit of government gives another unit of government some of it’s taxed funds. These funds are given to states with no restrictions or instructions with how the funds should be spent. Cutting Federal Funds - President Reagan used Block Grants not only to fund states, but to defund the federal government. He ended up defunding the national government by 12%. Welfare Reform Law - 1996. Congress took devolution even further with more Block Grants and defunding the national government. The biggest success being the Welfare Reform Law, which delegated new responsibilities to the states. Innovative States - There are multiple times where state laws or policies spread many of the other states, or even to the federal government, aka Policy Diffusion. This is one of the strengths of more power to the states, allows for more innovation and experimentation for other states or the federal government to follow suit. Concerns with State Responsibility - There isn’t any assurance that some of the State’s won’t be stupid and the people have to suffer for it. Mismatched Laws between federal and state - Even though the federal government has rules of deporting certain immigrants, some states have become ‘sanctuaries’ and follow those laws on a very limited level. In 2005, the federal government banned marijuna use, but by 2020, 35 states have legalized marijuana. This leads to Marijuana dispensary/grower raids by the federal government, even though it was legal in that state. State v local - Just like the Federal government can preempt laws and policies created by states, states can preempt policies made on a more local level (e.g. minimum wage, antidiscrimination, paid-leave, etc). National and State Powers can be attractive to either party - There have been times where conservative politicians brought more power to the federal government in order to better serve the people, and there have been times when democrats have given more power to the States (e.g. Obama relieved the States from the requirements of No Child Left Behind and put a different policy in its place that gave the States the responsibility to ensure quality education.)