3.4 - 3.6
The Changing Nature of American Federalism
The New Federalism (approx 1969-1993)
Presidents, Congress, and the New Federalism
Nixon (1968-1974): began trend of shifting power back to the states
“revenue sharing” which gave more power to the states about how funds from the national government could be spent
Argument was that states could spend more efficiently
Reagan (1981-1989): reduce the power of government (“government is the problem”)
Cut back on “categorical grants” (federal government determining how federal money was to be spent by the states)
Favored “block grants” which set fewer restrictions on how the money was to be spent
The Modern Era (1993-2017)
Clinton (1992-1999): devolution of power from national government to state governments
Declared “the era of big government is over”
Congress limited “unfunded mandates” (legal requirements the federal government placed on the states without funding them)
Clinton and Congress ended federal guarantee of welfare to poor families, leaving welfare spending to the states
G.W. Bush (2000-2008): strengthened national authority
“no child left behind” - increased federal involvement in public education
Added prescription drug plan for Medicare
Expanded federal powers following 9/11
Obama (2008-2016): state-centered federalism in some cases, national in others
Obama Administration used the term Progressive Federalism
Allowed states to set higher standards than federal government on fuel economy
Also furthered national-centered federalism with the Affordable Care Act
The Supreme Court and the New Federalism
Reagan appointed Rehnquist to Chief Justice of the Supreme Court in 1986 in order to move to more state-centered federalism
For the first time since 1937, Court rejected national authority to regulate under the commerce clause
Court struck down congressional legislation banning the possession of guns near a school declaring it was not an economic activity (United States v Lopez, 1995)
Court struck down a central provision of the Violence Against Women Act which gave victims the right to sue their attackers in federal court (US v Morrison, 2000)
Most questions of federal authority are still decided in favor of the national governments
Federal Aid to States in the New Federalism
Influenced by equal representation in the Senate
Since small states have an equal number of Senators, they receive a disproportionate amount of federal aid
States that heavily supported the President in election or whose governors are of the same party get more federal aid
Selective Federalism
The Politics of Expediency
Trump: a lack of ideological consistency
Federalism used politically and strategically
National/state relations shift depending on political issue
COVID-19: responsibility for dealing with the pandemic displaced onto states - onto governors and mayors
Protests: federal troops and agents sent into cities to “stamp out” protests despite the objections of governors and mayors
“I don’t need invitations by the state, state mayors or state governors to do our job.” “We’re going to do that, whether they like us there or not.” (Chad Wolf, acting Secretary, Department Homeland Security)
Biden: big problems requiring big solutions
Build Back Better plan grants money to states for infrastructures
Federalism in Context
Presidents’ views on national/state relations often depend on political goals
Were the Antifederalists correct?
Believed that the Constitution gave virtually unlimited powers to the national government
Constitutional Interpretation has increased power of Congress
Congress can spend money on virtually anything as long as it is not specifically prohibited by the Constitution
“necessary and proper” has come to mean “ordinary and appropriate”
People can vote to limit that power
If people believe the national government has too much power they can vote for candidates who represent their viewpoint
State Governments
State Executive Branches
All fifty states choose the head of the executive branch by direct election
All governors have the authority to veto laws subject to override by state legislatures
Most states grant their governors the “line-item veto” — the ability to veto certain part of a spending bill without vetoing the entire bill
Every state except Vermont requires a balanced budget
State Legislative Branches
49 states have bicameral system (two chambers)
Nebraska has a single chamber
State Judicial Branches
States have various procedures for selecting judges
Nearly half the states appoint, the other half use elections
Missouri Plan - widely used
“merit plan” - a board of experts recommends candidates to the governor who chooses from that list. The selected judges are then subject to retention elections
State and Local Governments
Local Governments - far more diverse than state governments
Different layers
Villages, cities, towns, townships at the most local level, counties above that
Some local governments run all local services, including police, and sanitation
Many states delegate specialized activities to special jurisdictional governments such as school boards, water districts, fire districts, library districts, and sewer districts
Some local governments elect leaders (mayors, etc), while in others the legislative branch appoints a professional administrator (city manager)
New England town meeting - in which the adult population of the town meets at least once a year to adopt the budget and vote on legislation. Works only in small towns.
Direct Democracy
Recall - 18 states enables citizens who gather enough petition signatures to force a special vote to remove state or local officials
Initiative - allows citizens who collect the required number of signatures to place proposed laws directly on the ballot (costly to gather signatures)
Referendum - allows legislatures to put certain issues on the ballot for citizen approval
Federalism and Democracy
Federalism creates multiple gateways
In confederal systems, citizens can influence local governments, but there is limited value in influencing national governments since the latter is so limited in its scope
In unitary systems, national government has a great deal of authority but it is difficult for citizens to exert influence. However, no doubt who is responsible
A federal system increases citizen participation and government responsiveness by keeping government closer to the people while electing representatives to the national government
Federalism enhances democracy by enabling more people to live under laws that are made locally
Citizens in conservative and liberal states can have politics more attuned to their preferences
In some states citizens can also use initiative and referendum
Keep in mind: Madison feared direct democracy believing that citizens were prone to self-interested factions
Framers preferred large-scale Republic over local democracies fearing citizens would follow their own interests rather than the common good
Tribal Sovereignty
Tribal sovereignty is the inherent authority of Native American tribes to govern themselves.
Tribal Sovereignty is “recognized”, not “granted”
Sovereignty for tribes includes the right to establish their own form of government, determine membership requirements, enact legislation and establish law enforcement and court systems
There are 574 federally-recognized American Indian and Alaska Native nations in the US, according to the federal Bureau of Indian Affairs. Each is a government entity with its own policies, processes and system of governance
The United States consists of three sovereign entities: the federal government, state governments, and tribal governments
As US citizens, American Indians and Alaska Natives are generally subject to federal, state, and local laws. On federal Indian reservations, however, only federal and tribal laws apply to members of the tribe, unless Congress provides otherwise