Lecture 9 POLS 207 Outline of Last Lecture Why Governments Provide Goods and Services to Citizens I Public goods A Non exclusion B Non exhaustion C Collective benefits D Redistributive goods E Regulatory goods Outline of Current Lecture Counterexamples to Centralization I Abortion A Roe v Wade 1973 not a counterexample B Webster 1989 C Planned Parenthood 1992 II Welfare Current Lecture Primary driving vehicle behind some civil rights issues is not the Fourteenth amendment Much of it comes from Congress exercising its authority to regulate commerce among states State local governments are still the main defense in the fight against crime but the Federal government is becoming increasingly involved with crime fighting mainly through the Federal courts Dixon s three examples of policy areas in which states are losing autonomy criminal justice public education and civil rights Two examples of DE centralization counterexamples to centralizing trend Wherever you look there has been a degree of national government involvement at least at some point 1 ABORTION 1973 there was more centralization but in 89 and 92 the states gained some autonomy back through some court decisions 1989 Webster and 1992 Planned Parenthood Roe v Wade nationalized abortion removing power from states and localities particularly in the first trimester pre viability since this is when most abortions took place Fundamental constitutional right to an abortion under the fourteenth Amendment With court cases Webster 89 and Planned Parenthood 92 the door was opened to some state based regulations resulting in somewhat more autonomy for states But these regulations had some caveats The state could not impose an undue burden on the woman In recent years some states have become aggressive with abortion regulations threatening what some see as a constitutional right to an abortion This could be considered comparable to the right to keep and bear arms while it may be a right on paper the government can gut its essence effectiveness by regulating it to death in the name of public safety This brings up the question How much regulation can you have and still maintain the integrity of a constitutional right 2 WELFARE WELFARE REFORM With Social Security Act of 1935 national government becomes a major player in social insurance and public assistance Social insurance Unemployment Insurance SS and Medicare OASDHI Old Age Survivor s Disability and Health Insurance Work based programs with a significant attachment to labor force a work record and or current attachment to the labor force is required to qualify Public assistance SSI TANF SNAP EITC Medicaid SCHIP services Financial need means tested don t have to demonstrate work record or attachment to work force as a condition of program qualification Level of financial need required to qualify depends on the program Public assistance welfare policy Colonial days to 1935 Welfare was mostly handled by state and local governments with minimal national government role 1935 1996 Increasing national government involvement in welfare In 1996 states gained some autonomy back with welfare reform In 1972 there was federalization of some old state run relief programs by grafting them into Supplemental Security Income SSI which was originally not very controversial This was expected to be the future of American welfare reform State run programs for the indigent elderly blind and disabled SSI Expected model for future national state developments in welfare turned out NOT to be the case