chapter 3 gov

federalism and separation of powers

restrain goverment power and protect against the “tyranny of majority”

institutions are subject to change and the separation of powers have evolved/expanded over time

dispersed power

1. limit ability of majority to tyrannize the minority

2. encourage moderation and compromise in policy making

3. lead to deadlock (no progress made between two parties) and political paralysis

levels of power

federalism divides power into national and sate powers. each has independent political authority (sovereignty)

divides branches against itself by giving the branches separate functions, forcing them to share power

state power

kept states because history of state governments was important to framers of constitution

Constitution’s role

provides “expressed powers” and “implied powers” to the federal government; 10th amendment reserved the rest of governmental power to the states (reserved powers)

national government

expressed powers given to federal government in Article 1 of Constitution;(examples of national gov powers: implied powers, “necessary and proper clause”, and supremacy clause)

state governments

10th amendment reserved strong role for the states (ex: reserved powers, eminent domain, police power, concurrent powers)

reserved powers

powers not delegated to the national government of denied to the state by the constitution

eminent domain

local power to take compensation; state may seize property for public use

police power

allows states to regulate fundamental matters like health, safety, and morals

concurrent powers

powers shared by both state and national government

state’s obligation to each other

1. full faith and credit clause

2. comity clause

3. federal approval

full faith and credit clause

states are to recognize actions and decisions taken in other states as legal and proper

comity clause

state can’t discriminate against someone form another state or give special privileges to its own residents

local governments

NOT granted any power in the Constitution; they are creations of state legislatures and state constitutions

(ex: counties, towns, cities, etc)

home rule

given to larger cities and is a guarantee of noninterference in local affairs

dual federalism

duties and operations of the different levels of government remained more strictly separated

”layer cake” federalism: clearly separated system within government

SCOTUS cases and national power

1. McCulloch v. Maryland (1819)

2. Gibbons v. Ogden (1824)

McCulloch v. Maryland (1819)

federal government can establish a national bank that the states cannot tax. established the power of the federal government to exercise powers implied by the commerce clause

*”necessary and proper” clause and supremacy clause were the basis of this ruling

Gibbons v. Ogden (1824)

Ogden had a state steamboat license while Gibbons had a federal license but were both allowed to operate along the same route in New York. this case reinforced federal power and forbade states from enacting any legislation that would interfere with Congress's right to regulate commerce among the separate states

commerce clause

delegates to Congress the power to “regulate commerce with foreign nations, and among the several states, and with the Indian Tribes”

states’ rights

coalition of states opposed increasing federal authority; some pushed back against regulation in areas such as commercial fraud, production on impure goods, child labor, and unsafe working conditions

cooperative federalism

period of supportive relations between the federal government and the state and local governments

*”marble cake” federalism: cooperation between the levels of government on some policies (institution principle explains the federal government’s policy to gain states’ cooperation)

dual —> cooperative federalism

New Deal —> expand powers of national government. court shifted course and upheld the federal regulation of commercial activities:

1. National Labor Relations Board v. Jones and Laughlin Steel Corporation

National Labor Relations Board v. Jones and Laughlin Steel Corporation (1937)

decision (NLRB won) led the court to abandon the distinction between interstate and intrastate commerce

prohibited corporations from interfering with employees’ efforts to unionize, engage in collective bargaining, and improve their working conditions

grants-in-aid

funds given by Congress to state and local governments to encouarge them to pursue specific goals

*type of cooperative federalism

types of grants-in-aid

1. categorical

   a. project grants

2. formula grants

*project grants and formula grants are contrasting ideas

categorical grants-in-aid

funds given to state and local governments earmarked for specific policy categories (ex: education, crime prevention)

project grants

require states and local government to submit proposals for funding on a competitive basis (type of categorical aid)

formula grants

formula is used to determine the amount of funds a state or local government will receive (spending costs in cities)

ex: “Race to the Top”; national competition among states to receive grants to improve schools/education

sanctuary cities

community that discourages local law enforcement from reporting the immigration status of its citizens; federal, state, and local officials have adopted different policies regarding undocumented immigrants

immigration enforcement

begins when local police officers enforce other state and local laws

interrelationship between federal, state, and local law enforcement creates a variety of policy and political change

federal mandates

requirements that the federal government imposes on state, local, and tribal governments to achieve national goals

regulated federalism

form of federalism in which the federal government dictates the national standards that states must meet (or rules that they must follow) and penalizes those that do not comply with withholding grant funds

*type of federal mandates

example of regulated federalism

Obama’s Affordable Care Act required states to expand Medicaid and promised funding to support the expansion

unfunded mandates

national standards or programs imposed on state and local governments without accompanying funding

*led to passage of Unfunded Mandates Reform Act (1990)

new federalism

approach advocating more state discretion; Nixon and Reagan wanted to reverse trend toward national standards

example of new federalism

block grants (federal funds given to states with fewer strings attached) were pursued when Republicans gained control of the Congress in 1994 and advanced the Unfunded Mandates Reform Act

power of Supreme Court

power to strike down laws it thought exceeded national power; recent shifts towards new federalism has been led by the SC, interpreting the interstate commerce clause more narrowly

ex: handgun regulation, assisted suicide, legalized marijuana

struggles over political power

the SC, in recent years, has been mixed on the issue of federal-state power; the party in power tends to prefer it exercised at that level

result of federalism

geographically concentrated interest groups wield outsized power through legislators elected from single-member districts and through locally elected officials

separation of powers

seeks to limit power of the federal government by dividing government against itself

*there is no strict separation of powers

checks and balances

the Constitution establishes mechanisms through which each branch of government is able to participate in and influence the activities of others:

1. each branch had agenda and veto power (cooperation w/ each other)

2. each branch has different constituency (popular election of House and Senate, indirect election of president, and appointment of federal judges for life)

legislative supremacy

the Constitution did NOT delegate equal powers to all branches of government; the legislative branch was expected to be the most powerful (or, in other words, closest to the people)

bicameralism

splitting Congress into two chambers, the House and Senate, provides less opportunity for the legislative branch to have a legislative supremacy

powers of congres

1. lay and collect taxes

2. borrow money

3. regulate commerce and appropriations

*most of these processes START or are first introduced in the House of Representatives

“encroachments”

one branch pushing authority onto another (branches are given the power to defend themselves against this)

divided government

when one party controls the presidency while the opposing party controls one of both house of Congress

rationality principle

checks and balances is an example of the rationality principle

executive power

presidents argue that they should not have to disclose confidential communications with their advisers

ex: presidents are advantaged when it comes to exercising war powers; example of struggle for power

judicial review

court’s ability to strike down presidential actions or laws passed by Congress, thereby becoming the arbiter of debates between Congress, the president, and state and federal governments

writ of habeas corpus

court order demanding an individual in custody be brought into court and shown the cause for detention

collective action problem

federalism and the separation of powers BOTH:

1. facilitate collective action

2. create stalemate

effects on collective action

1. dispersing power: collective action becomes more difficult

2. giving each branch influence over the others: facilitate negotiation, compromise, and moderation