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UT Arlington POLS 2311 - Federalism: Sovereignty, Power, a Historical Perspective, and Contemporary

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POLS 2311 1st Edition Lecture 5Outline of Last Lecture I. Protecting Liberty: Limited GovernmentII. Providing for Self-Government Outline of Current Lecture II. Federalism: National and State SovereigntyIII. Federalism in a Historical PerspectiveIV. Contemporary Federalism (Since 1937)Current LectureFederalism: National and State SovereigntyArguments for Federalism- Authority divided into national and regional levels.- It protects liberty.- It promoted a responsive government.- It strengthens the union.- It overcomes the deficiencies of the Articles of Confederation, as was highlighted by Shays Rebellion.Arguments against Federalism- It diminishes the sovereignty of the states. (The Anti-Federalists ended up giving in, but they were actually correct.)The Powers of the Nation and StatesNational: Enumerated Powerso Seventeen powers, including a secure defense and a stable commerce.o The Supremacy Clause- if there was conflict between the states and the national government, the national government wins.National: Implied PowersThese 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.o “Necessary and proper”/ “elastic” clause- this clause makes lasws in support of the enumerated powers.Federalism: National and State Government (Contiued)The Powers of the Nation and States (Continued)The Tenth Amendment was made to establish reserved powers. Powers that are Delegated to the national government are reserved for the states.Federalism in a Historical PerspectiveAnd Indestructible Union (1789-1865)- The nationalist view: McCulloch v. Maryland (1819)- clear ruling in favor of national power in the Supremacy Clause.- The states’ rights view: the Dred Scott decision (1857); ruling for states’ rights in conflict over the legality of slavery. (Congress could not outlaw slavery, even though the Constitution said it would be done away with by 1808. This led to the split of the Democratic Party. If it hadn’t been for this split, Lincoln would have never become president.)Dual Federalism and Laissez-faire Capitalism (1865-1937)- Dual federalism is the separation of national power from state power.- (The 14th Amendment and state discretion.)- Judicial protection of business. The Supreme Court limited national power. - Laissez-faire capitalism- “do as you please” capitalism.- There was little or no interference from the government when it came to business. This meant that black people and other minorities could be refused service.National Authority prevails after 1937- FDR and the New Deal.- Greater national regulation of commerce.- Brown vs the Board of Education (1954).- FDR’s economic decisions affected laissez-faire capitalism. He wanted to expand the Supreme Court beyond the 9 Justices. Because they feared what he might do,people left him alone.- LBJ’s Great Society- it was like a war on poverty. Welfare was established, as was Medicare and Medicaid. This was briefly reversed in the ‘30s. The nationalgovernment was taking over states’ responsibilities, which led to an increase of the national government’s sovereignty.Contemporary Federalism (Since 1937)Interdependency and Intergovernmental RelationsCooperative federalism: shared policy responsibilities- National, state, and local levels work together.- Joint funding, administration, and determination of programs.Government Revenues and Intergovernmental Relations- Fiscal federalism: federal funds for state programs.- Categorical grants: federal funds restricted to certain state programs.- Block grants: federal funds for the state programs addressed to a general concern. (Reagan and Nixon were big on this. They based these grants on the population size of states and what happened in them. They were pushing authority back to the states. This push is known as devolution.)Devolution- Devolution- shift of power to the states.- Devolution dramatically increased the Republican Revolution in 1994.- The Supreme Court advanced devolution, especially in the latter decades of the 20th Century.- The devolution movement ended with George W. Bush with his education and security policy.- The idea of devolution was that the country benefits from the power pushed from the national government to the state


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