POLS 206 1st Edition Lecture 6 Outline of Last Lecture I Federalism and the power it has compared to State government a The Clauses that qualify the power of Federal government Outline of Current Lecture II Dual Federalism a What is it How long did it last b The great divide State vs Federal separate powers III Cooperative Federalism a What is it How long did it last b How did it start and it s affects IV New Federalism devolution V Keeping Federalism in check VI Funding with Federalism mandates and grants Current Lecture l Dual Federalism a Like a layer cake dual federalism means there are distinct things only the Federal government does and distinct things only the State government does This lasted from 1865 about 1933 b Federal government dealt with large scale responsibility involving more of the country as a whole things states really could not do on their own such as the Postal system currency integral projects like bridges and supporting industry The State government dealt with purely responsibilities within the state such as state and local functions public health criminal justice elections politics public education and basic public services ll Cooperative Federalism a The Federal government became more of marble cake with State and Federal responsibilities intermingling no clear separation This was is from 1933 present The Great Depression as a result from the Stock Market Crash caused this the traditional role of the government would have to change b This began with FDR s New Deal which required many of the programs within the deal to have Federal and State actions to join together The programs became very complex This made new funding mechanisms as well as the start of deficit spending the ideal that if we borrow money and spend it it will fix the economy because more people will have jobs and pay taxes back to the government c The Cooperative Federalism changed as Federal government increased power The commerce clause was used more and more as a tool to fix problems using it to prove Civil Rights Voting Rights and Environmental laws LBJ s Great Society was formed to help people such as food stamps Preemptive Doctrine and Supremacy clause were used and Picket fence Federalism was used as well different levels of government were used to fix a problem Society was slowly being controlled by the central government not that what the government is doing or fixing is bad but the people as a whole are losing power lll New Federalism devolution a devolution in this case means reducing the Federal government s power b Starting in the 1970 s and 1980 s people were realizing the Federal government was getting very big and so began one of the main goals to bring more power back to states c It was begun by Republicans but in many ways supported by Clinton balanced budget welfare reform d devolution is really in a flux right now In the late 1990 s if the State government needed help they went to the Federal this is a problem if America wants to keep on not having a big and powerful Federal government Lately in the Bush and Obama administrations the government has grown especially with proposed programs such as No Child Left Behind and ObamaCare lv Keeping Federalism in check a Nation centered United States v Darby Lumber Heart of Atlanta Motel v United States Interstate Commerce Clause says the Government can regulate service based on race so no racism in business even if the business is private The Government can this because the businesses pay taxes to the government and so are tied to Government b State centered United States v Lopez United States v Morrison The Government wanted to prohibit guns on school campuses The other case was the Government wanted to try an attacker of a assaulted woman in Federal Court However the Commerce clause and any other clause had nothing to do with those cases and so the Government United States did not win even though they were for good causes c Back to nation centered Bush v Gore d These ideals may cause inconsistencies in the Government V Funding with Federalism mandates and grants a As said previously in cooperative federalism the Federal and State government are sort of combined together to carry out programs mandates Sometimes the Federal government gives the state money to pay for the mandates Federal Mandates An example is the State government is required to have metal detectors at airports and so the Federal government gives money to the State to pay for this Other times the Federal government does not give the State money to pay for the mandates Unfunded mandates In order to help States pay for the mandates the Federal government has tended to give tax dollars back in grants b There are several types of grants Categorical Grants require that the money be spent in a certain way or purpose so the Federal has big control over how the money is spent Project grant a type of Categorical grant states must submit competitive proposals Formula grant a type of Categorical grant the Federal government uses a formula to determine how the money is divided Block Grant given and essentially the states mostly decide what to do with it and so allows for discretion and flexibility Revenue was a form of it developed in the Nixon administration Goes with the conservative states rights There are several approaches to this in preferences whether Liberal or Conservative c However grants are not free and have strings attached States have to first adopt Federal policy before becoming eligible for grants or comply with Federal policy
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