dual federalism

• 1790s-1930s

  • Founding to new deal

• Layer cake

• Nullification

• Dual citizenship

• Notable court cases

  • Marbury v madison

  • Mcculloch v maryland

  • Dred scott v sandford

Cooperative federalism

• 1930s-1960s

  • New deal to johnson

• Marble-cake

• Strengthened federal power

  • 14th amendment

  • Incorporation 

Fiscal (coercive) federalism

• 1960s-1980s

  • Johnson to regan 

• Categorical and block grants

• Great society

• Notable cases

  • South dakota v dole

New federalism

• 1970s to present

• Devolution

• Preemption

• Broader use of block grants

• Increasing class for states rights by governors and state legislatures

  • Us v lopez

Categorical grants

• Historically, the most common type of grant in aid has been the categorical formula grant

  • Grant of money to state and local govts for a narrow purpose as defined by the federal govt

  • One typical string is a matching funds requirement, which obligates the recipient to match a  specific percentage with its own money

• Since the 1960s the national govt has also offered categorical project grants

  • State and local govts purpose specific projects they wish to impletmentand what level of funding they need

Block grants

• Block grants consists of money granted by the national govt to states of localities for bradley defined policy areas with fewer strings than categorical grants, and in amounts based on complicated formulas

  • Today the number and specificity of conditions included in block grants are increasing

  • Although the states welcome federal grant money, they do not welcome the strings attached to the funds or mandates

Partisan federalism

• Federalism scholars identity increased political polarization and gridlock in congress that today fuel intergovernmental tensions

  • Democrats controlling govt in some states and republicans in others

  • One state govt dominated by one party and congress of the presidency controlled by the opposing one 

• Partisan federalism; a preference for state or national govt action that depends on policy substance and partisan makeup of govt at the other levels

Tension between governments

• Pace of lawsuits filed by state attorneys general against the national govt has become extraordinary

  • Cases regarding cooperation with federal immigration agents

  • States legalization of marijana, illegal under federal law

  • Especially since the first inauguration of trump global issues regarding agreements to address climate change and issues of foreign aid

• Questions continue about the constitutional distribution of sovereignty between the national and state governments 

Laboratories of democracy

• Significant federal issues

  • Drug enforcement and legalization

  • Education

  • Health care

  • guns/public safety

  • Same sex marriage

  • Voting laws/rights