POLS 101 1st Edition Lecture 14Outline of Last Lecture I. Relationships between levels of governmentII. Federal State RelationsOutline of Current Lecture I. Federalism Cont. – Today is the end of Content that will be on the 2/27/15 Midterm- Test will cover some vocab, main points in sections of test, lecture study guide, and quiz questions in text. II. Advantages and disadvantages of federalismCurrent LectureI. Federalism Cont.- Federal State Relations Influenced by 4 FactorsA. Cross-Cutting Requirements- this occurs when congress writes a law with the goal toget states to take action and meet goal by using grants as incentives. Ex. Grant money linked to the prohibition of discrimination. Federal government wanted statesto stop discriminating against African American students so they told school districts if they discriminated they would loose grant money. There may not be a direct link between type of goal and type of grants.B. Preemption – Federal government can simply override state and local laws. States are sometimes not given authority over decisions and federal government makes those decisions. EX. The Federal government controls interstate commerce. The states cannot make regulations about state commerce. There are times when federalgov’t passes law then states must adjust. C. Partial Preemption- (Primacy)- Federal government passes a law and then invites thestates to run the program (social welfare program, clean air act) if the state may meet certain requirements. EX. Temporary assistance to needy families act of 1996, social welfare program, there are certain benefits they are entitled to, most states voluntarily adopt program. States have to have standards that are as strict as federal program, and are typically receiving money from government, the states are doing the day to day work that operates the benefit programs. States cannot deny benefits to someone who is entitled to them by federal law, states can decide the amount of assistance you can receive. Medicaid and Obama care, examples of programs.D. What are the advantages to the states for running Partial Preemption programs? States received a small amount of money but they still have to fund the program with some of their own money. States also receive some flexibility to how they run 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.the program, with regulation programs they must have regulations which are as strong as the federal regulations. States comply to avoid federal micromanagement. Federal government doesn’t have the amount of employees to run these programs without state involvement running the programs for themselves. Federal government could not administer programs themselves so they turned to states for help, sometimes federal government is hoping the states will run a tougher program with more requirements. E. States Act on Own and Innovate- States can pass policies that don’t exist at federal level, a benefit of federalism, the states can experiment. Renewable energy, as an example, federal government doesn’t have “renewable portfolio standards” programthat most states do, 38 states have this kind of requirement put in place. Federal government does not have a climate change plan in effect, some states and city governments have their own plans. In education, Texas was first state to have standardized testing statewide and held schools accountable for struggling scores and this led to “No Child Left Behind” act which was adopted by federal government.F. Gay Marriage- An issue that is very much influx at the moment, some states choosingto enact legislature to offer same sex marriage. The Supreme Court will be hearing a case this April about the constitutionality of same sex marriage, court decision will be provided that will decide whether or not states have to allow same sex marriage, 37 states have same sex marriage already. Federal government passed “Defense of Marriage Act” 2013 in U.S. V. Winsor, that outlawed same sex marriage and this was challenged and the Supreme Court struck it down as unconstitutional. If a state offers same sex marriage, other states do not have to recognize the legitimacy of that marriage. -Full Faith And Credit Clause in U.S. constitution that says that legal documents and records made by states have to be recognized by other states. Court decisions in one state will be recognized in other states. II. Advantages and Disadvantages of FederalismA. Advantages- States can experiment, when a program is successful more states will adopt it, Federalism is supposed to protect individual freedom through decentralization of government, states can respond differently to different needs.B. Disadvantages and criticism- Federalism is inefficient, with national government lawswould be clearer, Federalism creates confusion and basic disagreements could take decade to resolve, makes government confusing to citizens, makes citizens harder to remove officials from office, federalism allows bad policy, allows things like slavery tohave exist or corruption to
View Full Document
Unlocking...