Chapter 3-compressed

Federalism Overview

• Federalism: The division of power between national, state, and local governments.

  • Characteristics: Sunlight on creativity, cooperation, conflicts, and chaos.

The Immigration Reporter's Experience

• Jose Antonio Vargas: Undocumented immigrant pulled over for speeding during election night.

  • Outcome of the Stop: The sheriff let him go, showcasing the anxiety faced by many undocumented individuals.

  • Statistics: Approximately 11 million undocumented individuals in the U.S. face detention and deportation risks.

• Sanctuary Cities: Over 500 cities and 7 states have declared sanctuary statuses, allowing undocumented individuals access to essential services without inquiry into legal status.

  • Argument for Sanctuaries: Protect human rights and community safety.

  • Opposition: Undocumented immigrants are seen as a drain on resources, job markets, and societal cohesion.

Themes in Federalism

• Purpose of the Chapter: Understand federalism, its historical evolution, strengths, weaknesses, and contemporary challenges.

• Conflict in Federalism: Competing authorities often lead to a lack of consensus on issues like immigration, law enforcement, and public services.

Federal Authority in Immigration

• Constitutional Authority: Federal government holds primary control over immigration policies.

• Changes Under Trump Administration: Executive power expanded within ICE to combat illegal immigration.

  • Texas Example: State laws versus city protections for undocumented individuals.

• Impact of the Biden Administration: Policies shifted from deportation freezes to legal challenges against enforcement lapses.

The Nature of American Federalism

• Uniqueness: U.S. federalism contrasts with other countries by intertwining powers, leading to a tangled jurisdictional landscape.

  • Historical roots trace back to the founding debates between Federalists and Anti-Federalists.

• Roles of Local Governments: Local authorities have both power and dependency on state governments, revealing complexities in governance.

  • Dillon's Rule: Local governments can only exercise powers expressly granted by states.

Federalism Between States and National Government

• Power Sharing: National, state, and local governments share responsibilities, leading to overlapping authorities and unclear boundaries.

• Public Sentiment: Americans tend to trust local governments more than state or federal levels due to perceived proximity and accountability.

Evolution of Federalism

Historical Forms

1. Dual Federalism (1789-1933): Clear lines existed between state and national roles. Each level operated independently.

   • Functions: National focused on defense, foreign relations; states handled local governance including education and law enforcement.

2. Cooperative Federalism (1933-1981): Roles blurred with collaboration following the New Deal.

   • Example: Federal grants led to shared programs, blurring lines between governmental responsibilities.

3. Contested Federalism (1981-2024): Shifting power dynamics, conflicting responsibilities among federal, state, and local governments.

   • Progressive vs. New Federalism: National standards versus local control; parties switch positions based on political climate.

Current Issues in Federalism

• Climate Change & Healthcare: Different levels of government handle various aspects, leading to conflicts in policies, regulations, and priorities.

  • Example: States and municipalities often act independently to address climate change goals, contrasting national efforts.

• Devolution and Unfunded Mandates: The ongoing push towards transferring responsibility to states, often with inadequate funding to implement federal standards.

Role of the Courts

• Courts play a critical role in deciding federalism disputes over the balance of power between national and state authorities.

• Historic rulings often lean toward expanding national power, but recent years show a trend toward reinforcing state powers.

• Key Supreme Court Cases: Significant decisions have both favored state authorities (e.g., health care decisions) and affirmed national aims (e.g., civil rights).

Nationalism in America

• Nationalism is a complex sentiment that aids in maintaining unity but can lead to divisive forms of identity politics.

• Civic voluntarism reflects citizen engagement and cooperativeness in addressing public policy issues.

Summary of Federalism

• American federalism marks a persistent interplay between fragmentation and unity. Challenges revolve around the balance between local responsiveness and national standards.

• The future of federalism holds tensions that reflect broader political and social issues within American society.