Figure 3.1: Lines of Figure 3.1: Lines of Power in Three Power in Three Systems of Systems of Government Government

Unitary Government

National Government -

Supreme

Confederation

States - Supreme

Federal Government

Shared Power-Federal Government - Supreme

in Some Areas Only

American FederalismAmerican Federalism– A bold, new plan to protect personal A bold, new plan to protect personal

liberty liberty Founders believed that neither national nor Founders believed that neither national nor state government would have authority state government would have authority over the other because power derives from over the other because power derives from the people, who shift their support. the people, who shift their support.

New plan had no historical precedent. New plan had no historical precedent.

Tenth Amendment was added as an Tenth Amendment was added as an afterthought, to define the power of statesafterthought, to define the power of states

John MarshallChief Justice of Supreme Court

(1801-1835)

Marbury vs Madison (1803)

Judicial Review

McCulloch vs Maryland (1819)

“necessary and proper clause”

Article I, Section 8

Article VI, the Supremacy Clause

10th Amendment

Article IV

Dual federalismDual federalism

Both national and state Both national and state governments supreme in their governments supreme in their own spheres own spheres Hence interstate versus Hence interstate versus intrastate commerce intrastate commerce – Early product-based distinction Early product-based distinction

difficult difficult – "Original package" also "Original package" also

unsatisfactoryunsatisfactory

Grants-in-aid Grants-in-aid

Grants show how political realities modify legal Grants show how political realities modify legal authority. authority.

Began before the Constitution with "land grant Began before the Constitution with "land grant colleges," various cash grants to states colleges," various cash grants to states

Dramatically increased in scope in the twentieth Dramatically increased in scope in the twentieth century century

Were attractive for various reasons Were attractive for various reasons – Federal budget surpluses (nineteenth century) Federal budget surpluses (nineteenth century) – Federal income tax became a flexible tool Federal income tax became a flexible tool – Federal control of money supply meant national Federal control of money supply meant national

government could print more money government could print more money – "Free" money for state officials"Free" money for state officials

Meeting national needs: 1960s shift Meeting national needs: 1960s shift in grants-in-aidin grants-in-aid

– Meeting national needs: Meeting national needs: 1960s shift in grants-in-aid 1960s shift in grants-in-aid

From what states demanded From what states demanded

To what federal officials To what federal officials found important as national found important as national needsneeds

Categorical grants for specific purposes; Categorical grants for specific purposes; often require local matching funds often require local matching funds

Block grants devoted to general purposes Block grants devoted to general purposes with few restrictions with few restrictions

Revenue sharing requires no matching Revenue sharing requires no matching funds and provides freedom in how to funds and provides freedom in how to spend. spend. – Distributed by statistical formula Distributed by statistical formula – Ended in 1986Ended in 1986

Categorical grants versus Categorical grants versus revenue sharing revenue sharing

Mandates Mandates

Most concern civil rights and Most concern civil rights and environmental protection environmental protection

Administrative and financial problems Administrative and financial problems often result often result

Growth in mandates, 1981 to 1991 Growth in mandates, 1981 to 1991

Features of mandates Features of mandates – Regulatory statutes and amendments of Regulatory statutes and amendments of

previous legislation previous legislation – New areas of federal involvement New areas of federal involvement – Considerable variation in clarity, administration, Considerable variation in clarity, administration,

and costsand costs

Federal courts have fueled the Federal courts have fueled the growth of mandates growth of mandates

Court orders and prisons, Court orders and prisons, school desegregation, school desegregation, busing, hiring practices, busing, hiring practices, police brutalitypolice brutality

Conditions of aidConditions of aid

Received by states voluntarily, Received by states voluntarily, in theory in theory – Financial dependence blurs the Financial dependence blurs the

theory theory – Civil rights generally the focus of Civil rights generally the focus of

most important conditions in the most important conditions in the 1960's, a proliferation has 1960's, a proliferation has continued since the 1970's continued since the 1970's

Devolution

Renewed effort to shift important functions Renewed effort to shift important functions to states by Republican-controlled Congress to states by Republican-controlled Congress

in 1994in 1994Key issue: welfare (i.e., the AFDC Key issue: welfare (i.e., the AFDC

program) program)

These and other turn-back efforts were These and other turn-back efforts were referred to as devolution. referred to as devolution.

Old idea, but led by Congress Old idea, but led by Congress

Clinton agreed with need to scale Clinton agreed with need to scale back size and activities of federal back size and activities of federal government.government.

Figure 3.2: The Figure 3.2: The Changing Changing Purposes of Purposes of Federal Grants to Federal Grants to State and Local State and Local

GovernmentsGovernments

Source: Budget of the U.S. Government, Fiscal Year 1999, Table 12.2, 205-210.

Figure 3.3: Federal Aid to State and Figure 3.3: Federal Aid to State and

Local Governments, 1980-2000Local Governments, 1980-2000

Source: Budget of the U.S. Government, Fiscal Year 1998, Historical Tables, Table 6.1, 99.

Figure 3.5: Devolution in the Polls: The States Figure 3.5: Devolution in the Polls: The States

over Washingtonover Washington

For more information about this topic, link to the Metropolitan Community College Political Science Web Site

http://socsci.mccneb.edu/pos/polscmain.htm