Chapter 4 – Federalism

 

Federalism is the division of power between the federal government and state government. 

*Advocates say the smaller governments can’t handle big problems and also aren’t concerned.

*Supporters say the local leaders know the needs of their people the best and could support new policies with a tax base better.

Fiscal federation is the manner in which the federal government offers federal assistance through different kinds of grants to state and local governments.

 

*concerns of the local government include:

            - motor vehicle laws, garbage, education, public health and welfare

*concerns of the national government include:

            - foreign policy, interstate matters, and immigration

*concerns of both include:

            - raising revenues, criminal justice systems, and common spending programs

 

History of Federalism:

-          first promoted by Alexander Hamilton, John Jay, and James Madison

-          this new form of government was first challenged in 1819 in the McCulloch vs. Maryland case

 

Dual Federalism:

-          gave rights to the federal government and the state government

-          federal rights include: declare war, coin money, immigration, sign treaties, appoint ambassadors, interpret laws, and interstate commerce

-          state rights include: pass laws, health, education, police, marriage, garbage, voting requirements

-          shared rights include: tax, create courts, create laws for the general welfare

 

Layer Cake Federalism:

-          developed after Civil War; federal government exercised its power independently from state governments

-          state governments didn’t always abide without force; ex. 14th amendment was passed in 1868 but the supreme court case Plessy vs. Ferguson in 1896 was the first time it was actually inforced

 

Marble Cake Federalism:

-          the New Deal began the marble cake federalism.  The national government became much more involved at the local level with programs like the National Recovery Act and the Civilian Conservation Corps, the two levels worked together more than before

 

Creative Federalism:

-          during the Great Society of Lyndon Johnson

-          big problem with the marble cake federalism was it became difficult to separate the responsibilities of the federal government with those of the local government

 

Competitive Federalism

-          developed by Richard Nixon and carried on by Ronald Reagan, this gave new laws to states and in order to make the agree they would offer incentives such as federal aid, etc.

 

Fiscal Federalism:

-          this offered grants to states (categorical, block grants, and revenue sharing)

-          categorical grants have a lot of criteria that must be met in order to receive the money, block grants are less demanding

 

Future Federalism:

-          government is now focusing on giving more powers to the states

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