POLI 365 1nd Edition Lecture 5 Outline of Last Lecture I. Federalism in The Constitution II. Notes about Federalism within The ConstitutionIII. Types of FederalismOutline of Current Lecture I. Types of Federalism (continued)a. Dual Federalismb. Cooperative Federalismc. Regulated Federalism II. Devolution III. Interstate CompactsIV. State Constitutions V. Amendment Processesa. Difficulty of Requirementb. Amending State Constitution in South CarolinaCurrent LectureI. Types of Federalism a. Dual Federalism (1787-1932)i. In dual federalism, the powers of the federal and state governments are clearly separated; picture a layered cake, where each layer is clearly separate from the other.b. Cooperative Federalism 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.i. In cooperative federalism, the powers of the federal and state governments are intertwined; picture a marble cake, where the different types of cake are mixed together. Cooperative federalism was enacted during the Great Depression to implement welfare programs and alleviatepoverty and unemployment within the states through:1. Grants a. Block grants: block grants are sums of money given to the states from the federal government that are supposed to be used for specific policy areas. The states have flexibility on how to use that money within the designated policy area.b. Categorical grants: are given to the states by the federal government to be used for specific programs in specific ways. Categorical grants have less flexibility than block grants.2. Most federal aid to states goes to these specific programs:a. Health and Human Servicesb. Educationc. Transportationc. Regulated Federalism i. In regulated federalism, the federal government sets requirements (ie. standards for safety or pollution) and expects the states to enforce those requirements. This is an example of federal preemption, in which federal laws override state laws or regulations. 1. The federal government might also impose unfunded mandates: policies that are imposed by the federal government that are not paid for by the federal government. a. Obviously, unfunded mandates are not very popular withinstates, as the states are forced to pay for these federally mandated policies. II. Devolution a. Devolution is the process by which authority is willingly given from the federal government back to the states.i. Devolution happens very rarely.ii. One example of devolution is the 1996 Welfare Reform Act1. The 1996 Welfare Reform Act eliminated the AFDC (which used federal money to fund state programs to help the poor) and created TANF (Temporary Assistance to Needy Families) which gave block grants to the states to use at the states’ own discretion.This allowed the states to target resources where they needed to be. III. Interstate Compactsa. States can establish contracts to deal with common issues or problems with the permission of Congress. i. These compacts can be regional or nation, for example:1. The Regional Port Authority of New York and New Jersey2. The National Popular Vote Interstate Compact IV. State Constitutions a. There are two types of tradition within State Constitutions:i. Higher Law Tradition: in which the state constitution is generally brief. It includes processes for how to elect officials, and structures of government, as well as general principles of governance.1. Promotes more flexibility, but can also be viewed as more ambiguous and open to interpretation, which can lead to conflict.ii. Positive Law Tradition: in which all the aspects of a higher law tradition constitution are included, but there are also specific sections regarding specific policies. For example, there might be a section in a positive law tradition state constitution dealing with public education or transportation. 1. Promotes much less ambiguity, but it becomes more difficult for future generations to change policies included in the state constitution.V. Amendment Process for State Constitutions a. An amendment process can start in one of three ways:i. Constitutional Conventions: although these are generally rare, they are often the best bet for a total revamp of a state constitution ii. Legislative Proposal: this is the most common way iii. Citizen Initiative: this involves citizens petitioning to add an initiative to a ballot for approval by the citizens b. Difficulty of Requirement i. In some states, it requires more difficult procedures to amend the constitution. For example:1. Legislative vote: what majority of votes is needed to pass the amendment? In some states it is the simple majority, in others a 3/5ths majority is required, and still in others, a 2/3rds majority is required. 2. Consecutive sessions: in some states, the amendment must be approved by the legislative branch in consecutive sessions.3. Popular vote of citizens: in some states, the simple majority of citizens’ votes are required, in New Hampshire and Illinois, 2/3rds majority is required. c. Amending South Carolina’s State Constitution i. First, it must be proposed by legislative branch, and there must be a 2/3rds majority in both houses ii. Next, there must be a popular vote by citizens, in which the amendment must win in a simple majority iii. Finally, the legislative branch will vote again on the amendment, and if a simple majority votes in favor of it, the amendment will pass1. The most recent amendment to SC’s state constitution is that the governor and the lieutenant governor run on the same ticket in elections (much like the President and the Vice president run on the same ticket in national presidential