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.