PSCI 1040 004 Jim Battista University of North Texas Federalism and local gov t Jim Battista Fed local Federalism Types of governments Unitary Confederal Federal Jim Battista Fed local Unitary government Only one level of ultimate government Example Britain France states WRT counties There are lower governments but they are creatures of the national government can be altered and abolished at will Jim Battista Fed local Confederation Strict def government of governments union of largely independent states countries provinces def in book More common def Authority divided between superior and inferior governments neither of which is the creature of the other with more power going to the lower level Canada Switzerland European Union The Federation on Star Trek Jim Battista Fed local Federation Like a confederation but with power shifted somewhat to the higher level Examples US Germany Jim Battista Fed local Problems with federal systems Federalism can cause problems sometimes Hard to get things done sometimes Sometimes neither level can force the other to do a good thing Sometimes neither level can force the other to do a bad thing In general levels don t have to get along and hijinks ensue Jim Battista Fed local General theories of federalism There have been two broad theories of federalism Dual federalism Shared cooperative federalism Jim Battista Fed local Dual federalism The feds do some things the states do others and neither controls the other Each is supreme in its own realm Examples The federal government runs national defense the states run school systems Also called layer cake federalism Jim Battista Fed local Shared cooperative federalism Each level deals with citizens at the same time Responsibilities and powers mixed thoroughly Example federal role s in education Also called marble cake federalism Jim Battista Fed local Federalism in the Constitution Senate originally selected by state legislatures Direct voice of state governments in US gov t Changed with 17th Amendment concern over possible corruption Fed 10 Important other provisions Supremacy clause Art 6 Elastic clause interstate commerce clause Art 1 sec 8 Important generally here allows preemption 14th Amendment Equal protection clause Congress can enforce McCulloch v Maryland Gibbons v Ogden Jim Battista Fed local Federalism nationalization Story of federalism largely the story of nationalization Growth of the national government eclipse of the states Fears of antifederalists realized Two ways to look at nationalization 1 2 Across policies why are some nationalized and others not Across time what were the defining events Jim Battista Fed local Nationalization across policies Two main reasons why policies get nationalized Collective action problems between states Coordination problems If done through state agreements LLRW Congress consent required Jim Battista Fed local Collective action problems Pollution fisheries control other tragedies of the commons Low level radioactive waste compacts MOL failure Avoiding races to the bottom beggar thy neighbor policies Jim Battista Fed local Coordination problems What we choose isn t necessarily so important But it might matter that we choose the same thing Natural example driving on the right or left Truck driver s license Situations where one state can t effectively enforce its own law Prohibition Same sex marriage or equiv Jim Battista Fed local Nationalization across time The Late Unpleasantness 1861 1865 First really big blow to states Settled secession question Grant v Lee Appomattox Courthouse Federal power grew in fighting the war Maybe first large modern war Tarnished the idea of states rights Concluded with 13th 14th 15th Amendments All interfered in what had been state prerogatives Jim Battista Fed local Nationalization across time Income tax 16th Amendment Pay as you go withholding since 1943 Very efficient cheap way to get money More on this later fiscal federalism Short answer carrot and stick Jim Battista Fed local Nationalization across time 17th Amendment direct election of senators Removed direct role of state gov ts in federal gov t Why Perception of serious corruption Votes of st legs for senators bought by Robber Barons Senate of the monopolists by the monopolists True Jim Battista Fed local Nationalization across time Depression and WW2 Concentration of power in feds as states unable to deal w Depression New Deal Programs Many nominally aiding states to do traditionally state things War puts zillions of people in national service under federal authority Total mobilization Federal spending 44 of GDP in 1944 Both set up very large federal programs that didn t stop Jim Battista Fed local Nationalization across time Civil rights and the Great Society era Following classic desegregation cases states tried interposition State preventing enforcement of a law it deems unconstitutional Settled in Little Rock by 101st Airborne Desegregation stripped states localities of more powers forced busing Another stain on states as polities Great Society programs like New Deal Federal rules for traditionally state functions Jim Battista Fed local Nationalization across time More recently some devolution back to states Return of some powers decision making ability to states Welfare Why Principled change or just a prediction that state gov ts are more conservative Jim Battista Fed local Fiscal federalism Transfers of federal money to states and localities In part because of efficiency stability of income tax withholdings Significant percentage of state and local spending 15 25 of state and local combined spending since 1965 Fiscal 2000 29 of state revenue single largest source Used primarily for health welfare education transportation Jim Battista Fed local Grants in aid Federal money comes as a grant in aid A payment from one governmental level to another for some purpose Usually matching funds Usually with conditions Strings attached to money States not required to take money but if they do Jim Battista Fed local Kinds of grants 1 Categorical grants 2 Block grants 3 General revenue sharing no longer Jim Battista Fed local Categorical grants Grants for a specific project or program Grant to widen I 35 through Denton Grant to build new science building at UNT Feds can pick projects or run as directly as they like Detailed rules and regulations attached to money Jim Battista Fed local Block grants Grant for more general purpose education welfare community development Grant