Federalism-_History_of_Federalism_Notes__7_
Page 1: History of Federalism
Overview of the development and evolution of federalism in the United States.
Page 2: Tug of War in Federalism
Federalism is likened to a tug of war between federal authority and state powers.
Tensions arise as states seek to exercise their rights while the federal government asserts its power.
Page 3: Strict vs. Loose Constructionist
Strict Constructionist (Jefferson’s View)
Definition: Interpretation of the Constitution that limits the power of the government to actions explicitly stated in the Constitution.
Core Belief: "If the Constitution does not say it can, then it can't."
Characteristics: Less flexibility and wiggle room in government interpretation.
Page 4: Strict vs. Loose Constructionist
Loose Constructionist
Definition: Interpretation allowing for a broader understanding of the Constitution's powers.
Core Belief: Greater wiggle room in applying constitutional principles.
Key Tool: Necessary and Proper Clause used to justify implied powers.
Page 5: McCulloch v. Maryland (1819)
Landmark Supreme Court case that established federal supremacy over state laws.
Read handout for detailed information and exchange discussions with a partner regarding its implications.
Page 6: Nullification Controversy
Exploration of the Nullification Crisis in U.S. history.
Page 7: Nullification Controversy Details
Question: Do states have the right to nullify federal laws?
Definition of Nullification: A state’s declaration that a federal law is null and will not be enforced.
South Carolina attempted to nullify the Tariff of 1828; faced federal opposition.
Illustrates the ongoing conflict over state rights and federal authority, foreshadowing sectional tensions.
Page 8: Gibbons v. Ogden (1824)
A critical case involving the regulation of interstate commerce.
Read handout for details and collaborate with a partner to discuss its significance.
Page 9: Dual Federalism
Definition: System where both state and national governments operate independently in their respective spheres.
Analogy: Layer Cake - distinct layers of authority and responsibilities.
Associated with a strict constructionist viewpoint.
Decline of this system began in the 1930s.
Page 10: Visualizing Federalism
Layered Structure: Constitutional divisions with clear boundaries between state and federal powers.
Civil War era implications on federalism dynamics.
Page 11: Cooperative Federalism
Definition: System where powers and responsibilities are shared between federal and state governments.
Analogy: Marble Cake - mixed authority and policy implementation.
Emerged during the New Deal in response to the Great Depression, with states adhering to federal guidelines.
Page 12: Effects of Cooperative Federalism
Highlights how state and federal governments intermingled post-New Deal, impacting policy areas.
Page 13: Analyzing Federalism Structures
Comparison of federalism models:
Marble Cake Federalism: Pragmatic mixed authority levels among governments.
Layer Cake Federalism: Clear delineation between levels of government authority.
Page 14: Federalism Celebration - Cake Day
Announcement: Bring a marble or layer cake to class for enrichment points.
Scoring: Homemade cakes earn 20 points; store-bought cakes earn 10 points.
Page 15: Cake Day Reminder
Repeat of previous instruction about cake day for points.
Page 16: Types of Federalism
Discussion on the categorization of federalism based on enumerated powers and states’ rights.
Focus on existing tensions between federal and state authorities.
Page 17-19: Continued Discussion on Types of Federalism
Ongoing examination of federalism's characteristics and clashes between state and federal governance.
Page 20: Fiscal Federalism
Definition: The national government’s approach to financial interactions with state and local governments, involving spending, taxation, and grants.
Notable since 1937, it plays a crucial role in federal-state relationships.
Page 21: Federal Benefits in Fiscal Context
Illustrated through political cartoons that represent the complexity and ambiguity of state rights under fiscal federalism.
Page 22: Growth of Federal Grants
Figure 3.1: Shows an increase in federal grants to state and local governments, totaling about $460 billion per year.
Trend analysis from 1955 to 2007 capturing fiscal dynamics.
Page 23: Federal Mandates
Explanation of Federal Mandates: requirements set forth by the federal government that states must follow.
Example: The National Minimum Drinking Age Act of 1984, which established 21 as the national legal drinking age despite varying state laws before.
Page 24: Funded Mandates
Definition: Federal government provides financial assistance to states for policy implementation.
Example: Special Education grants assist states in meeting federal standards.
Page 25: Unfunded Mandates
Definition: Federal government forces states to enforce policies without providing financial support.
Example: The Americans with Disabilities Act that mandated accessibility standards.
Page 26: Categories of Grants in Fiscal Federalism
Categorical Grants: Specific-purpose federal grants with attached conditions.
Examples: Food stamps and highway funding subject to federal regulations.
Page 27: Project Grants
Definition: Merit-based categorical grants awarded based on specific criteria.
Example: National Science Foundation grants awarded through a competitive application process.
Page 28: Formula Grants
Definition: Categorical grants with amounts based on established formulas relevant to qualification metrics.
Example: Funding for free/reduced lunch programs and Medicaid.
Page 29: Block Grants
Definition: Federal grants given with wide discretion for states to support broad programs without stringent federal guidelines.
Example: Homeland Security grants to enhance national safety efforts.
Page 30: Revolution in Federalism (Devolution)
Definition: Reversal of cooperative federalism aiming to increase state control over grant administration.
Driven by political shifts toward more localized governance and responsibility during the 1980s and 1990s.
Page 31: Political Context of Devolution
Notable association with Ronald Reagan and the Republican party’s approach towards welfare and state autonomy.
Example: Welfare Reform Act of 1996 led to a shift in responsibility towards states along with the increased use of block grants.