federalism

Issues of Eras of American Federalism and Intergovernmental Relations Today:

1. Fragmentation and Patchwork Policies: Federalism today leads to a wide variety of state-level policies on key issues like abortion (Dobbs), marijuana legalization, and gun control, making laws vastly different depending on where someone lives.

2. Nationalization vs. States' Rights: The federal government’s power continues to be challenged by states in areas like healthcare (Medicaid expansion), environmental regulation, and civil rights (e.g., voting rights and LGBTQ+ protections).

3. Collective Action Problems: Issues like climate change, healthcare (especially during the COVID-19 pandemic), and national disasters have shown that states cannot always address large-scale problems on their own, prompting federal intervention.

4. Cutthroat Competition: States frequently compete for businesses by offering tax breaks, lowering environmental standards, and deregulating industries, which can lead to a race to the bottom, harming vulnerable populations and requiring federal oversight.

5. Intergovernmental Conflicts: States continue to challenge federal authority through lawsuits, such as those against federal vaccine mandates or environmental policies, illustrating the ongoing push and pull between state and federal governments in modern America.

issues

eras of american federalism

1. nation first experienced and unitary government then a confederation

   1. british imposed central unitary authority to tac and administer the subordinate colonies precipitated the aermican war of independence

   2. after the war america went into a confederaion where smaller state government had ulitmate power

      1. article of confederation failed to give national government enforcement authoirty hence individual states could ignore legislation from congress so national gov had little accomplishments

2. first went through shared federalism

   1. states excerised national authority on important matters

   2. eg. civil war states needed to give soilders only then did the federal government assume control

3. after the war state authority shifted to national authority

4. overall the us moved from dual federalism to shared federalism

   1. federal officials generally decide how authority over intersecting state and federal policy areas should be divide

   2. modern policy challenges and a political consensus that the gov should provide more services and solve more problems changed the federalism

      1. eg. pollution, unemployment, inflation, crime, internet, national disasters

      2. increasing complexity of policy dilemmas and the growing interrelationship between american states have driven the move toward nationalization

5. steps towards nationalization

   1. nationalization of public policy which altered federal state relations was propelled by a rationale, or logic that grew out of the requirements of collective action

   2. building of the interstate highway system

      1. connected the states literally and figeratively

6. historic transfers of policy to washington

   1. president roosevelt new deal 1930s and president johnson great society program

      1. boradened scope of federal responsibilites

      2. new deal

         1. set of economic regulations and relief program inteded to fight the great depression 1929-1940

         2. roosevelt established economic management as one of the national government primary responsibilities

      3. great society program

         1. medicad provided healht insurance to low income families, senior citizens in nursing homes and disabled americans

         2. these grants subsidized state programs that implemented national goals

      4. these grants came with strings attached that would increase federal governments power

         1. even though grant programs transfer money from national to state governments, they often transfer authority back to washington

7. nationalization the solution to states collective dilemmas

   1. when modern state goernment encountered collective action problems they shifted responsibility from state to federal authorities

   2. even when the need for coordination is evident there is no guarantee that the states will agree to shift the responsibility to washington

   3. pollution

      1. says federalsims as a solution

   4. when political control of national government shifts so will national policy

intergovernmental relations today

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other notes

1. when states gain power they diverge, with blue and red states moving further from each other in the laws and regulations that they adopt

   1. creates a patchwork of policy, lives of americans differ between states usually aligns with the preferences of the state majority

   2. policy choices made in one state capitol spill over to affect the livs of residents in many other states

2. federal system

   1. gov has constitutional relations across levels that need to satisfy three condtions

      1. The same people and territory are included in both levels of government.

      2. The nation’s constitution protects units at each level of government from encroachment by the other units.

      3. Each unit is in a position to exert some leverage over the other(s).

3. definitions of federalism

   1. dual federalism

      1. leaving the states and the national government to preside over mutually exclusive “spheres of soverignty”

      2. described in federalist 45

   2. shared federalism

      1. recongizes that the national and state governments jointly suppoly services to the citizenry

4. transformation of the senate

   1. senate bad before, lots of paying for seats and corruptiong

   2. today senate is central pillar of national government

5. constitutional provisions governing federalism

1. Federalism and the Supreme Court's Role

• Key Concept: The division of power between state and national governments has been continually redefined through landmark Supreme Court rulings.

• Important Date:

  • June 2022 - Dobbs v. Jackson Women’s Health Organization overturned Roe v. Wade, shifting authority over abortion rights to the states.

• Terms: Abortion laws, state sovereignty, federal authority, collective action dilemmas.

• Key Theories: Decentralization vs. nationalization, with federalism serving as the battleground for social issues like abortion and same-sex marriage.

• Important Detail: After Dobbs, 22 conservative states enacted abortion bans, while 21 states (plus D.C.) maintained abortion access, illustrating deepening policy fragmentation between red and blue states.

2. American-Style Federalism

• Key Concept: The U.S. federal system divides power between the national and state governments, creating a hybrid of unitary and confederal systems.

• Important Detail: Local governments are not considered an independent layer of federalism because they are creatures of state authority.

• Terms: Unitary systems, federal systems, Articles of Confederation, Dillon’s Rule (which restricts local government autonomy).

• Key Theory:

  • Dual Federalism (pre-1930s): Clear distinctions between federal and state powers (e.g., national defense for the federal government, education for the states).

  • Shared (Cooperative) Federalism (post-1930s): Overlapping responsibilities in areas such as education, healthcare, and transportation.

• Important Detail: By the mid-20th century, the national government became more involved in domestic affairs through programs like the New Deal and the Great Society.

3. Constitutional Provisions Governing Federalism

• Key Concept: Constitutional clauses and amendments define the extent of federal vs. state powers, but interpretations of these provisions have evolved over time.

• Important Date:

  • 1913 - The Seventeenth Amendment mandated direct election of senators, weakening states' direct influence on federal policies.

• Terms: Supremacy Clause, Commerce Clause, Elastic Clause, Tenth Amendment.

• Key Theory:

  • The Supremacy Clause asserts national authority over conflicting state laws, but this has often been tested by states’ rights advocates.

  • The Elastic Clause (Necessary and Proper Clause) has allowed for the expansion of federal authority over time.

• Important Detail: The McCulloch v. Maryland (1819) case firmly established federal supremacy and justified the creation of a national bank, marking a major victory for federal power.

4. Historic Nationalization of Policies

• Key Concept: The shift from state to federal control of significant public policies accelerated during two major historical periods: the New Deal and the Great Society.

• Important Dates:

  • 1930s - Franklin D. Roosevelt’s New Deal marked the nationalization of economic and social policy during the Great Depression.

  • 1960s - Lyndon Johnson’s Great Society programs (like Medicaid) expanded federal involvement in social welfare.

• Terms: Collective action, nationalization, federal grants, Medicaid.

• Key Theories:

  • Collective Action Problems: Nationalization was driven by the inability of states to manage issues like economic recovery (New Deal) and poverty (Great Society) on their own.

  • Grants-in-Aid: Federal funding provided states with resources for social programs, but came with strings attached, such as federal regulations over education and healthcare.

• Important Detail: By accepting federal funds (e.g., for Medicaid), states often had to comply with national standards, reducing state autonomy in key policy areas.

5. Modern Federalism and Intergovernmental Relations

• Key Concept: Federalism today is marked by heightened competition and conflicts between state and federal governments over jurisdictional authority, reflecting divergent political priorities.

• Important Dates:

  • COVID-19 pandemic - Showcased cutthroat competition between states as they bid against each other for essential resources like ventilators and PPE.

  • 2022 - Dobbs decision intensified federalism debates by allowing states to make their own abortion laws, creating wide disparities across the country.

• Issues Today: The patchwork of state policies on contentious issues like abortion, marijuana, gun control, and healthcare reveals significant intergovernmental friction.

• Key Theory:

  • Cutthroat Competition: States often undercut each other in areas like environmental regulation, tax incentives, and labor laws, prompting calls for federal intervention to create uniform standards.

  • Spillover Effects: Policies in one state can affect neighboring states (e.g., pollution, gun laws), leading to efforts for interstate coordination or federal regulation.

• Important Details:

  • States like California have led efforts to set stricter environmental standards, which were later adopted nationally during the Obama administration, only to be rolled back under Trump and reinstated under Biden.

  • The No Child Left Behind Act and Common Core standards are examples of how federal education policy has increasingly shaped state-level education systems, though states have resisted these mandates at times.