February 3, 2014American- Style FederalismFederal System- -Authority divided between two or more distinct levels of government.-US consists of federal and state levels-Hybrid arrangement that mixes elements of a confederation and a unitary system-Confederation- lower level government has primary authority -Unitary system- national government monopolizes constitutional authority-Dual Federalism- state governments and the national government preside over spheres of sovereignty.-Cooperative Federalism- state governments and national government jointly supplyservice to the people. Ex. taxesFederalism and the Constitution - Expansion of national authority -Transformation of Senate-Institutional rules reserving rights to states- Who decides expansion is legitimate?- Nationalization allowed by Constitution by granting federal government ultimate power to determine (within certain bounds) the extent of its authority over states. Transformation of the Senate -Equal representation for states regardless of population -Senate members originally selected by state legislatures-17th Amendment (1913) mandated direct, popular election of senators removing ties to state legislatorsInterpreting the Constitutional Provisions- The Supreme Court resolves conflicts between federal and state governments and, in the process, creates powerful precedents:-McCulloch V. Maryland (1819)-Gibbons v. Ogden (1824)-Gitlow v. New York (1925)-Near V. Minnesota (1931)February 3, 2014The Paths to Nationalization - Nationalization of public policy-The nationalization of public policy was propelled by a rationale, or logic, of collective action. -Certain programs outstrip state resources-States sometimes solicit federal intervention when unable to solve problems by working together individually.-National majorities increasingly insisted federal government in what were formerly considered state and local governments.-Roosevelt’s New Deal (1930)-Comprehensive set of economic regulations and relief programs intended to fight the Great Depression -Franklin D. Roosevelt invoked the Commerce Clause -Johnson’s Great Society (1960)Nationalization: The solution to states Collective Dilemmas-Collective action dilemmas may prompt states to ask Washington for help-Coordination problems-Reneging and shirking-Cutthroat competition -Policy innovation The Political Logic of Nationalization -Policy proposers often strategically shift policy to national government rather than the states. -Difficult to lobby/persuade 50 states legislatures -Congress can be mire efficient since single federal law can change policy in all 50 states at once- Avoid burdensome and varied regulations-The national government may be more receptive to change than local community (e.g. civil rightsNational Governments’ Advantage-Current constitutional litigation over federalism generally concerns direct efforts by the federal government to regulate activities of state and local governmentPreemption Legislation – federal laws that …. The national government prerogative to control public policy in a particular area - Owes its existence to the supremacy clauseFebruary 3, 2014-Accounts for a small portion of the impact of nationalization on federal state relations- Carrot and stick- Financial inducements, regulation and mandatesCarrots as federal grants to the states- Block grants State governments receive a specific amount of money to spend for some purpose-State governments can expand the program but must pay the additional costs. -Little incentive to control costs, but a disincentive to do more-Matching grants-Federal governments matches money spent by the