Federalism Flashcards
What is federalism?
A territorial distribution of power based on the sharing of sovereignty between central bodies and peripheral ones.
How were the founding fathers divided on federalism?
Some sought to ensure states rights and felt the national government should be considered the servant of the state as opposed to the other way around
However
Alexander Hamilton and his associates emphasised the economic and military weakness of a country that lacked national direction. They called for central government. They saw the constitution and the national government as the creation of and accountable to the American people.
How was divisions amongst the founding fathers over federalism resolved? In the Philadelphia compromise?
The Philadelphia compromise addressed federalism in three ways
1) unity of the USA in its relationships with other nations
- Foreign policy powers are the sole prerogative of the federal government
- states can not have treaties with other countries, impose taxes on imports and exports, or have their own troops in times of peace.
- Fed govt also has power to pass laws for ‘general welfare of the United States’
- interstates commerce clause also allows congress to regulate trade between the states
- elastic wording if these phrases has allowed federal government power to expand.
2) Power of the states
- states rights
- equal representation in the senate
- state borders not changed without consent
- representation on basis of population in the Electoral College
- three quarters of states must agree to constitutional amendments
- Amendment X- states can make own laws
3) Duties and Obligations between states
- a fugitive who has been charged with an offence in one states and flees to another must be extradited to the original state
- one states can not undermine another by refusing to recognise the validity of its laws and court judgements. This caused concern in some states when the Hawaii Supreme Court considered recognising same sex marriage.
What type of federalism does the USA have?
Dual federalism
What are the responsibilities of state governments?
Intrastate commerce
Education
Welfare
Justice
Roads
What are the responsibilities of the federal government?
Defence
Interstate commerce
Foreign affairs
Limited financial management
Why does federalism suit the USA?
It’s a large and diverse county so decentralisation is suitable.
What factors have led to an increased role for the federal government?
-westward expansion
13 colonies on the east coast to 50 states
-the growth of population
4 million people in 1790
275 million in 2000
A growing government needed for a growing population
-Industrialisation
This needed regulation, federal executive departments for Commerce and Labour were founded in 1903
-Improvement in Communication
Brings feeling of national identity
-The Great Depression
Roosevelt’s new Deal. Ambitious schemes to build roads and schools and provide hydroelectric power got the nation working again.
-Foreign Policy
WW2 USA becomes a super power, as fed govt controls foreign policy its role was increased
-Supreme Court Decisions
The court 1937-70s adopted a more expansive meaning to the powers allocated to congress in Article 1 section 8. Especially the ‘necessary and proper clause’ the ‘common defence and general welfare clause and the ‘commerce clause’. The court has been more restrictive in recent years
-Constitutional Amendments
14th amendment ‘due process’ and ‘equal protection’ provisions has been used by the Supreme Court to invalidate state laws requiring school segregation and other forms of racial discrimination. They have also used them to allow abortion
16th amendment allowed federal income tax which meant the New deal was possible, this expanded fed govt
What Supreme Court ruling has shown that in recent years the court has taken a more restrictive view on the federal government?
2012 NFIB v Sebelius
Declared president Obamas healthcare act could not be justified under the commerce clause but only Congress’ power to levy taxes
What was New Federalism?
An approach to federalism characterised by a return of certain powers from the federal government to the state governments.
An attempt to reverse the growth of federal government seen under Democrat presidents FDR to Johnson.
It’s closely associated with Nixon and Reagan
Block grants were a too used to achieve this, money given to a policy area and states discretion to decide exactly what it was spent on
What changes happened in terms of phases of federalism?
1780s to 1920s states rights were the focus
Wall Street Crash means 1930’s-1960’s there was an increase in the scope of the federal government
The fed govt used categorical grants which stipulates how federal tax dollars were spent by the states
By Clinton era the federal government is giving over $200 billion to the states, 90% in categorical grants
The federal government is now involved in policy areas that used to be the sole remit of the states such as education and transport.
What did Bill Clinton say in 1996 about Big Govt?
The era of big government is over
What happened in terms of Federalism under GWB?
Expected as a republican to shrink the size of federal government
He actually presided over the largest overall increases in inflation adjusted federal government spending since LBJs Great Society programme in the mid 1960’s
Total federal government spending increased 33% in Bush’s first term
What new federal department did GWB create?
The Department of Homeland Security
How did GWB expand the federal role in education?
Just 12 years before Reagan has wanted to abolish the department of education all together
165% increase in Budget for the department of education in 5 years. Even after this the budget is small compared to the number of children
‘No child left behind’ was signed into law in 2002
Meant 20% increase in funding for poor inner city schools and that children in failing schools were moved to successful ones
How did GWB expand Medicare?
He allowed a new prescription drug benefit
This cost $400 billion in 10 years and was written to benefit American seniors
Medicare was introduced by Democrat LbJ in 1965. Ironic that republican Bush expanded it
How did GWB expand security and defence?
Between 2001 and 2009 the Department of Defence has a 125% increase in spending
Between 2001 and 2006 homeland budget increased five fold in five years to 69 million
This was a result of the ‘war on terror’
Defence spending went from 15% of the federal budget to 21% and homeland from less than 1% to 3%
