PSCI 1040 1st Edition Lecture 5 Outline of Last Lecture The Amendments Continued Outline of Current Lecture Federalism Examples of changing methods of Federalism through the years Can the government require you to have health insurance Cooperative vs Dual Federalism Financial Aid Action of Congress Dual Federalism Cooperative Federalism Horizontal Federalism Current Lecture Results Oriented Federalism Bush v Gore 2000 Policy Liberals were for Gore Conservatives were for Bush Federalism Liberal for Bush Conservative for Gore Elections were once held with ballots that you punched squares through for the candidates but these were not always accurate because they did not always work After this it was felt that a new form of voting must be created for more exact and effective voting These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Federalism theories have turned into what is called a Doctrinal Cycle States do not have the power to tax the government because the Supreme Court rules using the Supremacy Clause In Maryland they wanted to tax the banks but the Supreme Court said no They controlled them with the Supremacy Clause This is Called Cooperative Federalism Examples of Changing methods of Federalism though the years Cooperative Federalism Dual Federalism Cooperative Federalism Dual Federalism Can the government require you to have Health Insurance Health Insurance Involves both Dual and Cooperative Federalism Congress has decided to require people to buy health insurance or pay extra taxes The Affordable Care Act sets some boundaries on how much they can charge your But the theory behind it is if you get enough healthy people on health insurance then it will make up for the people who are much more expensive Health Care is not considered to be a tax but a tax penalty If you do not pay for health insurance you pay a penalty Cooperative vs Dual Federalism How is it determined which of these are used Depends on the issue Depends on the era Depends who sits on the Supreme Court at that time Financial Aid This is important to state and local governments The Federal Government gives them money to use to promote worth causes and to fix the problems within their states and communities Examples of these things are Public Housing Stop Signs Building Sidewalks Building Roads Disaster Relief Child Nutrition Programs Categorical Grant Project Grant Can t one without an example of previous success Block Grant very vague It is money from the national government with a very general description of what should be done with it Example Here s some money to improve public health There are ways that money could be used Actions of Congress Preemption we re going to take power away from you The power to enact loads that result in the national government assuming total or partial responsibility for state governmental function Total Preemption Partial Preemption Standard Partial Preemption Mandates we re going to make you do something Requiring a statement to undertake a project imposed by the government but they may or may not fund that project for the state Example It appears that we have a national drinking age We do not The government said if we didn t raise the drinking age they would no longer provide for highway funding so slowly but surely the united states complied Dual Federalism Think state s rights They are advocating for more state power and less federal power Errs on the side of decentralization Permits freedom of choice at the state level One of the criticisms of Federalism Makes it more difficult to confront problems that cross state borders Cooperative Federalism Errs on the side of national standardization Willing to override local standards in factor of national standards Horizontal Federalism The relationship among states We ve been studying vertical Federalism so far which is the relationship between the state and the federal government Recognizes documentation in other states For example your license plate is accepted in all states Full Faith and Credit Clause Article 4 Section 1 Privileges and Immunities Clause Article 4 Section 2 Extradition