Under cooperative federalism what does the national government encourage states to do Quizlet

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Federalism

•System of government that divides power between the national government and the state governments

Nations with diverse ethnic or language groupings most likely to have federal arrangements
•Examples: Switzerland and Canada

The federal system differs from a unitary system.

Unitary system
•The central government makes the most imporant decisions.
•Lower levels of government have little power.
•Lower levels of government implement the decisions made by the central government.

Federalism: The Powers of the National Government

The U.S. Constitution grants two types of powers to Congress: expressed and implied.

Expressed powers

These are specific powers in the Constitution that are granted to Congress and the president.

•There are 17 expressed powers, which are found in Article I, Section 8.

Implied powers

These powers enable Congress to make the laws that are "necessary and proper" to execute the expressed powers of Congress.

Federalism: The Supremacy Clause

Article VI specifies that the laws of Congress shall be the "supreme Law of the Land."

It is known as the supremacy clause.
•When there is a conflict between national and state law, national law prevails.

Federalism: The Powers of State Government

The Tenth Amendment preserves a strong role for state government.

Tenth Amendment (reserved powers amendment)

•Powers that the Constitution does not delegate to the national government or prohibit to the states are "reserved" to the states.

•The Antifederalists, who feared a strong central government, pressed for this amendment.

Federalism: Police Powers

The most fundamental power that that the states retain is that of coercion

States exercise coercion through police power.
Police power: This is thepower reserved to state government to regulate the health, safety, and morals of its citizens

Coercion is...

Coercion is the power to develop and enforce criminal codes, to administer health and safety rules, and to regulate the family via marriage and divorce laws.

Federalism: Concurrent Powers

Some authority is possessed by both the state and national governments.

This authority is referred to as concurrent powers, meaning that the states share some powers with the national government.

•Example: States retain and share some power to regulate commerce and affect currency.

•They are able to charter banks.
•They can grant or deny licenses for business or professionals.
•They can regulate the conditions of labor.

Federalism: States' Obligations to One Another

Full faith and credit clause: Article IV, Section 1

States are expected to honor public acts, records, and judicial decisions that take place in another state.
•Controversy surrounded the full faith and credit clause concerning same-sex marriages.
•The Defense of Marriage Act (DOMA, 1996) mandated that states would not have to recognize same-sex marriages from another state.
•The DOMA was struck down by the Supreme Court in United States v. Windsor (2013).

Federalism and Same-Sex Marriage

In 2015, the U.S. Supreme Court issued a historic ruling in Obergefell v. Hodges.

The Court ruled that the Fourteenth Amendment guaranteed a fundamental right to same-sex marriage.
•It required all 50 states to offer marriage licenses to two people of the same sex.
•It also required the states to recognize same-sex marriages licensed out of state.

Federalism: The Comity Clause

Comes from Article IV, Sec. 2 of the U.S. Constitution

This is also known as the privileges and immunities clause.

It guarantees that citizens from outside a state may enjoy the privileges and immunities given to people of that state.

A state cannot discriminate against someone from another state or give privileges to its own residents only.

Local Government and the Constitution

Local government has no status in the Constitution.

Local governments are subject to control by the states.

However, most states give their larger cities home rule.
•Home rule: These are powers delegated by the state to a local unit of government to manage its own affairs.

Federalism: Changes over Time

Competing views of federalism have been at the center of fierce controversies in U.S. history

Traditional system (1789-1937)
New Deal period of the 1930s to the present

Traditional system (1789-1937)

•Political power was weighted in favor of the states over the federal government.

New Deal period of the 1930s to the present

•The federal government has exerted far more power than it had previously done under the traditional system.

Federalism under the Traditional System

Dual federalism was the prevailing view.

The federal government was small and dealt primarily with foreign affairs and commerce
•It handled internal improvements, like roads, bridges, and canals.
•It raised revenue through tariffs (taxes on imports) and provided "infant industries" protection from competition.
•It also protected patents and provided a common currency.

Dual Federalism: States' Governing Powers

Overall, state legislatures performed the majority of governing over citizens' day-to-day lives.

States handled economic regulation and other laws.
•Private property exists only in state laws.
•Laws concerning slavery were a subdivision of property law in states where slavery existed.
•Professional practice, such as in law and medicine, was (and is) provided for by state law.
•Criminal laws, from trespass to murder, have been state laws.

Dual Federalism: Commerce Clause

Article I, Section 8, known as the commerce clause, enumerates the powers of Congress.

The commerce clause delegates to Congress the power to regulate commerce with foreign nations.

Early Supreme Court rulings expanded federal power through its interpretation of the commerce clause.

Dual Federalism: Early Supreme Court Decisions

Early Court decisions interpreted the commerce clause in favor of the national government.

McCulloch v. Maryland (1819)
Gibbons v. Ogden (1824)

Gibbons v. Ogden (1824)

•This ruling established the supremacy of the national government in all matters affecting interstate commerce.

McCulloch v. Maryland (1819)

•This ruling affirmed that the U.S. Congress had, through its implied powers, the legal right to charter a national bank.

Dual Federalism: States' Rights

The Tenth Amendment was used to bolster arguments for states' rights.

"States' rights" refers to the principle that the states should oppose the increasing authority of the national government.
•This principle was most popular in the period before the Civil War.

The New Deal

The New Deal (1930s) marked a major change in how the courts interpreted national power.

State and local governments struggled to handle the demands brought on by the Great Depression.
•In 1932, 25 percent of the workforce was unemployed.

Franklin Roosevelt became president in 1933.
•He pledged to develop a more activist federal government to address these problems through his "New Deal."

The New Deal: Grants-in-Aid

New national programs that President Roosevelt developed came through grants-in-aid.

Grants-in-aid
•These were funds from the federal government given to the state government,
•They were provided on condition the funds be employed for purposes defined by federal government

The New Deal expanded grants-in-aid to include:
•Social programs
•Later expanded to school lunches; highway construction

The New Deal: Types of Grants-in-Aid

Types of federal grants-in-aid

Categorical grants
•These are grants given to states on condition the expenditures be limited to a problem or group specified by law.

Categorical grants have increased dramatically.
•Funding has risen from $2.3 billion in 1950 to an estimated $667 billion in 2016.

Changing Court Interpretations

The end of dual federalism

In 1937, the U.S. Supreme Court expanded the federal government's power under the commerce clause to include:

•Protecting the rights of workers to organize and engage in collective bargaining

•Extending low-interest credit to small businesses and farmers

•Restricting the activties of corporations with dealings in the stock market

Revival of States' Rights

The idea that some powers should be reserved to the states did not disappear.

In the 1950s, opponents of civil rights brought back "states' rights" to defend racial segregation.

Southern Manifesto

Southern Manifesto

•The manifesto declared that the southern states were not constitutionally bound by Supreme Court decisions outlawing racial segregation,

Revival of States' Rights: The 1990s

In the 1990s, there was revival of interest in the Tenth Amendment.

There were calls for devolution, transferring responsibility from the federal government to state or local governments.

In 1996, Republican presidential nominee Bob Dole, carried a copy of the Tenth Amendment in his pocket

The U.S. Supreme Court ruled that Congress exceeded its power in:
•United States v. Lopez (1995)
•Printz v. United States (1997)

Cooperative Federalism

The growth of categorical grants and favorable court rulings leads to cooperative federalism

Cooperative federalism is a model in which various levels of government work together to solve policy problems.
•The federal government often provides some portion of the funding, which is spent by the states or localities.

Cooperative federalism is designed to encourage states and localities to pursue nationally defined goals.

The Cake Analogy:

Dual federalism and cooperative federalism

Dual federalism can be described as a layer cake.
•The responsibilities of national government and state governments are clearly separated.

Cooperative federalism can be described as a marble cake.
•National policies, state policies, and local policies overlap in many areas.

Dual versus Cooperative Federalism

Federalism in the 1960s

For much of the 1960s, it appeared as if state governments would become irrelevant.

One reason for the push toward more national power was the struggle for civil rights.
•The southern states defended segregation on the principle of states' rights.
•National officials developed "Alabama syndrome."
•They did not want southern governors, such as Alabama governor George Wallace, to have too much power.

National Standards: Grants-in-aid and Regulated Federalism

National standards have been advanced through federal programs.

Grants-in-aid
•Congress provides an incentive by giving money to state and local governments if they agree to spend it for purposes that Congress specifies.

Regulated federalism
•The national government demands higher standards of state and local governments to meet national guidelines.

National Standards: Federal Takeover of State Power

Preemption
This is the principle that allows national government to override state and local actions in certain policy areas.

Preemption occurs when state or local actions fail to meet national requirements.

The growth of national standards also led to the emergence of unfunded mandates.
•
•Unfunded mandates are rules forcing states to spend their own money to comply with federal law.

A Return to More State Control

New federalism

Proponents of New Federalism have looked to:
•Block grants: federal grants-in-aid that allow states considerable discretion in how the funds are spent
•General revenue sharing: one unit of government yields a portion of its tax income to another unit of government

Regulated Federalism versus New Federalism

The Changing Federal Framework

Controversies concerning federalism persist over issues such as:

•Appropriate size of public school spending
•
•Rights and benefits of immigrants
•
•Government response to climate change
•
•Regulation of business and moral behavior

Expediency versus Ideology

Conservatives, who claim to favor a small federal government, have sometimes expanded it.

No Child Left Behind Act of 2001
•This was passed during the presidency of George W. Bush and by a Republican-controlled Congress
•It increased federal intervention into public education.

Federalism: Marijuana Policy

Other controversies concerning federalism:

Medical and recreational marijuana
•The Supreme Court ruled that the federal government could regulate marijuana under the commerce clause.
•However, a majority of states have legalized medical marijuana.
•In 2012, Colorado and Washington legalized the recreational use of marijuana.

State-Federal Tug-of-War: Affordable Care Act (ACA)

The ACA required states to expand Medicaid services for low-income residents.

In National Federation of Independent Business v. Sebelius, the Court ruled in favor of the National Federation of Independent Business.
•The Court ruled that the federal government could not impose all-or-nothing conditions the states.

The Court, however, upheld the ACA's "individual mandate" (the requirement to purchase health insurance) under Congress's power to tax.

State-Federal Tug-of-War: DACA

Deferred Action for Childhood Arrivals (DACA) has been a source of recent federal-state conflict.

DACA provided temporary legal status and work permits to those who had been brought to the United States illegally as children.
•Twenty-six states challenged the executive order in court, but the Supreme Court deadlocked in a 4-4 decisionS
•The Trump administration began to phase out of the DACA program; but DACA remained in place due to two federal court rulings.

State-Federal Tug-of-War: Immigration Enforcement

In January 2017, President Trump signed an executive order to increase deportations

In response, several cities, counties, and states declared themselves "sanctuaries" that limit cooperation with national government enforcement.

President Trump pledged to cancel funding for sanctuary cities and states.
•In 2017, a federal judge temporarily blocked that action.

Federalism: What Do We Want?

Sharp differences in Americans' views have been reflected in the federal system.

Marijuana laws are likely to differ across states for many years.

Some states favor less restrictive immigration laws, whereas others want stricter immigration laws.

Whatever the issue, American federalism remains a work in progress.

In federalism, both the states and the federal government are ....

In federalism, both the states and the federal government are sovereign.

Who was the first nation to adopt federalism as its governing framework?

US

Unitary system info

Unitary systems are common in many parts of the world.
In unitary systems, the national government often involves itself in even the smallest details of local activity.
In France, for example, its minister of education once boasted that he could tell what all French school children were learning at any moment because the central government set the school curriculum.

The Tenth Amendment allows states to pursue policies that are

attuned with their political culture and public preferences

Police power can be vast

note that it is not just "law enforcement" that falls under this category of law.

Federalism: The Comity Clause example

One example is that someone who lives in this state must pay the same car registration fee regardless of whether his or her family recently moved there or has been there for generations.
Another approach is to ask if this clause is needed at all today, and why it may have been included given the context of the time when it was written.

The role of the Supreme court in the Dual Federalism era

At some point in this part of the lecture, you may want to note that the role of the Supreme Court in this era was to determine where the line was drawn concerning which level of government had what types of authority.
Jurisprudence looked very different from what followed under cooperative federalism, where the question was less about which level of government had sovereignty over an issue and more over whether the mechanism itself was acceptable.
In any event, leave the students with the understanding that under dual federalism, the states performed the majority of governing over citizens' day-to-day lives through their police powers.

McCulloch v. Maryland (1819) had larger implications....
While Gibbons v. Ogden (1824) established

McCulloch v. Maryland (1819) had larger implications

the supremacy of Congress over all matters affecting interstate commerce, it still left open the definition of interstate commerce.

Since the New Deal, not a single law or rule created by Congress under the commerce clause power was rejected by the courts until

until United States v. Lopez in 1995, and then again in 1997 in Printz v. United States.

Why does Congress use this leverage over the states?

In theory, states have the option of refusing funds. This is the "if you're going to live in my house, then you're going to meet curfew" argument.
In reality, states usually find it very difficult to refuse funds because they rely so heavily upon them for basic services (education, roads, health, etc.).
For example: the Utah state legislature seriously considered refusing education funds under the No Child Left Behind Act, but in the end concluded it simply could not afford to fund the state public schools without federal government dollars.

In 1941, Justice Harlan Fiske Stone declared that the Tenth Amendment was simply a

truism,that had no real meaning.

The Court's ruling in United States v. Lopez was the first time since the New Deal that Court had

had limited congressional powers in this way.

Layer cake federalism vs marble cake federalism

In layer-cake federalism, the responsibilities of the national government and those of the state governments are clearly separated. In marble-cake federalism, national policies, state policies, and local policies overlap in many areas.

Block grants and President Reagan

Under President Reagan, Congress created 12 sweeping block grants that replaced hundreds of previous categorical grants.
Block grants provide federal funds for a certain purpose, but with few rules as to how that purpose is to be achieved.
General revenue sharing provided federal funds to the states to spend as they wished, allowing for experimentation with different policies.

No Simple Answers to the Right National-State Balance

Debates about the costs required to comply with health care mandates, stimulus grants, education standards, and identification policies have raised the point about unfunded mandates and the relationship between the federal and state government.
Students may have some personal familiarity with these programs, particularly No Child Left Behind (NCLB), as public schools across the country implemented testing and practices to comply with the policy.
Consider discussing the 2012 Supreme Court decision on the health care bill.