Governmental
Structure
Federalism- local units of government in addition to a national government that
can make final decisions with respect to some activities and whose existence is
specially protected
almost every nation has
local units, but this does not always mean federalism, since federalism as such
requires independent choice by local units
Constitution is not the only
guarantee of state independence, if it were the state governments would be
influenced by the federal government; there exists an idea of commitment to the
idea of local self-government
In United States, often
there are federal expenditures for state functions
Federalism: Good or Bad?
Bad side: block action, prevent progress, upset
national plans, protect powerful local interests, cater to interests of
politicians, racial segregation, protect vested interests, facilitate
cooperation
Good side: unique combination of governmental strength,
political flexibility, individual liberty, regulate harmful economic practices
and purify politics locally
different political groups
with different purposes come to power in different places
federalism provides greatest
opportunity for relevant interests to be heard
Increased Political Activity
more practical effects of
involvement in politics
lower the cost of organized
political activity
The Founding
desire to protect personal
liberty
A Bold, New Plan
federal and state
governments based upon the people
Tenth Amendment was originally assumed by the founders
- has rarely had
significance
- Supreme court tends to
rule in favor of Washington
Elastic Language
unclear language to simplify
the writing process, allows for interpretations
Hamilton- broad definition
Jefferson- strict
interpretation, with intent to represent the rights of the people
The Debate on the Meaning of
Federalism
The Supreme Court Speaks
national-supremacy view
McCulloch v. Maryland
confirmed national supremacy
bank- necessary and proper
for money management
“the power to tax is the
power to destroy”
until 1988, the national
government could not tax state governments
since 1988, the national
government has not felt a need to do such taxation
Nullification
Virginia and Kentucky Resolutions- nullify what the state declares to be
unconstitutional
South Carolina and Calhoun
supported nullification; issue was settled by war
Dual Federalism
interstate versus intrastate
commerce
interstate- shipment of lottery tickets, liquor, etc. across state lines
intrastate- farming, insurance, manufacturing
“original package” « interstate commerce
all commerce became a steady
stream, so the federal government could regulate
dual federalism is basically
dead
Federal-State Relations
Washington cannot always
lawfully do as it politically would like
Grants-in-Aid
Land grants supported
education, roadways, flood control
Support of housing
assistance, Medicaid, highways, unemployment and welfare
Desire for state run
programs such that Washington pays the bill, several reasons
federal money was available
in surplus
income brought in more money
as economic activity grew
federal government managed
money and could print more currency
- did not have to pay back
what it borrowed from itself
- states would always have
to pay back their debts in full
citizens of entire nation
would fund state functions
such plans would not pass
Congress unless everyone could benefit
Meeting National Needs
grants not based upon state
desires so much as national needs
some cities had become
“federal aid junkies”
The Intergovernmental Lobby
made of health
commissioners, school superintendents, transportation officials, etc.
people to look after local
interests
goal was to get free money
without strings attached
Categorical Grants versus Revenue Sharing
Categorical grants for a specific purpose
Block grants had a more generic purpose (for example, health)
Revenue sharing was very permissive with few requirements or purposes
The Slowdown in Free Money
categorical grants still
given to help national issues
many departments depended
upon federal aid
there was no sympathy in the
government to support revenue sharing
Rivalry Among the States
difficult to determine
exactly how much money goes where
example: money given to a corporation in California
could indirectly go to New York
distributed through careful
formulas by population
Federal Aid and Federal
Control
aid « control
block grants and revenue
sharing were intended to prevent this kind of control
Mandates
states must do, period
often pertained to civil
rights and environmental protection
seemingly reasonable
requests
some seemingly unreasonable
requests- prisons, schools, judgments
Supreme Court has made it
easier for citizens to control local officials
Conditions of Aid
strings attached
not totally voluntary since
livelihood depends on it
highway money, prevailing
wage, etc.
federal officials want to do
what’s best for the nation
free money attractive to
states; laws to benefit the nation attractive to Congress
Congress has favored
Washington over localities since 1960
Reagan administration saw
competing philosophies of governance
members of Congress have to
respond to both national and state demands
The States Respond
new ways to deliver services
Child Care- pay for child
care or pre-school education
Welfare- child support and
such to get people off welfare into jobs
Education- reorganization,
payment for college or aid to good schools
Sorting Things Out
Government could pay cost
for all national things (only)
Plans to return things to
full state control can’t pass Congress
Constitution does not have
clear lines drawn
states had to live with the
loss of free money
Federalism and Public Policy
American Politics remain
local in orientation
different constituencies of
same localities
parties have decayed- more
individual
Different levels of organization favor different programs