Block grants categorical grants conditions of aid cooperative federalism



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Day 3

Federalism


Block grants categorical grants conditions of aid cooperative federalism

Devolution federalism federal system dual federalism

Initiative grants in aid mandates Gibbons v. Ogden

Nullification unfunded mandates Unitary System McCulloch v. Maryland



Referendum
Our basic use of federalism as a political concept has changed dramatically since its inception. The Civil War, the Great Depression, World War II, the 9-11 attack, and even Hurricane Katrina were major events that changed how we view and practice federalism.
Defining the relationship between the national government and state governments has been, and continues to be a major issue in the nation’s history.
The Constitution is short, mostly focused on Congress, and designed to guide the development of a new government. The writers did not intend to describe all possible powers or interpretations.
The Preamble lists the six basic goals of government.
Article I contains the most details and descriptions, covering the organization and powers of Congress. Critical powers are the Commerce Clause and Elastic Clause.
Almost all Executive powers listed in Article II are vague and checked by Congress. The details of Judicial power in Article III and state powers are even less detailed.
Federal powers are listed in the Constitution or directly implied by the Constitution. All powers not listed in the Constitution are considered reserved to the states.
Judicial Review was not part of the Constitution but created by the Supreme Court decision in Marbury v. Madison
Control of Money has been a major way the federal government extends its rules and powers.
The cornerstone of federal and state government relations today is the system of grants-in-aid, or funds distributed by Congress to state and local governments.
The scope of federal power has shifted back and forth during the history of the United States.



Basic National Responsibilities

Basic State Responsibilities

Kidnapping

Business licenses

Crossing state lines to commit crimes

Marriage licenses

Threatening attack on public officials

Legal practice licenses

Violating the civil rights of citizens

Professional licenses

Delivering mail

Civil laws not involving federal issues

Interstate trade

Criminal laws other than federal

Issuing currency

education



Major Events in Federalism

1789 to the Civil War

Dual Federalism is dominant. States can define full citizenship. Specific court cases are used to define federal authority over trade, interstate commerce, and banking.

Civil War Amendments

(1860s)


The 13th, 14th, and 15th Amendments take from the states the rights to allow slavery, define levels of citizenship, and to stop black men from voting.

Post Reconstruction

(1876 to the early 1900s)



States regain the authority over status of citizens in areas of voting and segregation, formalized in the case of Plessy v. Ferguson, 1896

New Deal and World War II

Federal Authority over commerce is expanded during the New Deal and legislation after the war. The Employment Act of 1946 is a key example.

Civil Rights Era

(1950s to 1970s)



With Brown v. Board of Education, the Civil Rights Act of 1964, and the Great Society programs, the federal authority over civil liberties and public welfare is expanded.

Devolution Era

(1980s to the present)



With the election of Ronald Reagan in 1980 and the Republican majorities in Congress in 1994, efforts have grown to limit federal controls and influence. More welfare control is given to the states. More emphasis is being given to private companies in areas of schooling and federal assistance.



  • Powers given to the government by the people are delegated to the national realm by the Constitution.




  • Those duties explicitly listed in the Constitution are enumerated. The bulk of these are found in Article 1, Section 8, showing the various jobs of Congress.




  • Some powers have been deducted from the “necessary and proper” powers listed at the end of Article 1, Section 8. These “Elastic Clause” powers are implied to be the proper adaptation of duties of Congress to be able to fulfill the other powers that are enumerated.




  • Some governmental powers are so basic that they exist without being listed or described in the Constitution. These inherent powers are held when the government must protect itself or keep itself organized. The Supreme Court has been called upon to help define the scope of such inherent powers.




  • Those powers that are very specific to only certain political units are known as exclusive powers. For example, only Congress can declare war; this is an exclusive power.




  • Concurrent powers are those governmental functions that both the federal government and the states can wield. There is no specific list of the range of concurrent powers, but items such as taxation, borrowing, and budget expenditures are usually classified as concurrent.




  • Those powers retained by the states and people are labeled as reserved. The 10th amendment is the basic guide, listing the possible range of such powers and freedoms as “The powers not delegated to the United States.”



  1. Federalism in the United States has shifted from a form known as dual federalism to more cooperative federalism.

    1. Define the two kinds of federalism

    2. Explain why this newer system of cooperative federalism favors the powers of the central government.



  1. Federalism was designed to protect the rights of citizens.

    1. Identify three ways the structure of federalism is used to protect the rights of U.S. residents.

    2. Explain how the three ways identified in part (a) actually work to protect citizens.

Free Response Questions


  1. Discuss the facts used by the Supreme Court’s majority in the McCulloch v. Maryland decision, and explain how the case expands the power of the federal government in relation to the states.



  1. For TWO of the following (a) identify the term, (b) give a specific example, and (c) explain how it affects policy-making within the states:




    • Categorical grants

    • Revenue sharing

    • Block grants

    • Mandates



  1. Federalism in the United States has shifted from a form known as “dual federalism” to more “cooperative federalism.”




    • Define the two kinds of federalism.

    • Explain why this newer system of “cooperative federalism” favors the powers of the federal government.



  1. Federalism was designed to protect the rights of citizens.




    • Identify three ways the structure of federalism is used to protect the rights of U.S. residents.

    • Explain how the three ways identified in the first part of the answer actually work to protect citizens.


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