Noelle Daley

September 8, 2008

History of Federalism
I. Dual Federalism (1789-1945)
a. National Govt
i. Foreign policy
ii. National defense
iii. Commerce
b. State
i. Local
ii. Economic requirements
iii. Criminal law

II. Civil War

a. Slavery
b. North wanted to unify, South wanted choice
c. States wrote constutuiton

d. States had power over national govt.

e. States seceded (south)

f. North Union
i. Victory solidified federal power

III. 14th Amendment

a. Limits States Power
b. Protects basic rights of citizens

i. Privileges & immunities clause – states may not abuse or take away privilages & immunities of American citizenship
ii.Due process clause – all people get legal rights
iii.Equal legal rights protection clause – all people should be equally protected
c. Gives more power to National govt.

IV. Industrialization & Globalization (late 19th / early 20th century)

a. National govt. assumed larger role & had to regulate economy

b. Globalization: trading abroad

c. After stock market crash Roosevelt & the New Deal

i. Attempt to revive economy & stop depression

ii. Regulated banking & commerce
iii. Social Security & other social services

V. Cooperative Federalism (1945-1969)

a. State & local govt. administer federal programs
b. States depend on federal funds

VI. New Federalism (1969-present)

a. Give power back to states
 b. New Federalists argue:
i. Need specific limits on federal power
ii. DEVOLUTION: policy giving states power for some programs
1. 1996 Welfare Reforms: national govt. gave states $ for welfare
2. 1 size fits all does NOT work
c. Advantages:
i. Emphasis on local state govts.
ii. National govt too intrusive & unaccountable

d. Disadvantages:

i. Many want a single seat power who holds responsibility

ii. Easier to turn to 1 power
1. Ex: 2005 hurricanes –who to turn to?
e. Supreme Court
i. Trying to give states back power
ii. US vs. Lopez (1995) – Supreme Court said states decide whether or not guns should be allowed at school

iii.US vs. Morrison (2000) – states right to decide criminal laws & how to protect limit

VII. Federalism in Practice

a. Federal aid to states
i. States rely heavily on federal aid
ii. National govt. rely on states for federal policies

iii. fiscal federalism

b. Grants in aid
i. Block grants – broad; no strings attatched
ii. Categorical grants – specific w/ restrictions
1. Projet grant
2. Formula grant
iii. Ex: 1994 Republicans retook congress & gave away block grants
c. Federal Pressure on States
i. Changed drinking age to 21
ii. MANDATES
1. Unfunded mandates – no incentive, no $, HAVE to
2. Regulated Federalism – work together, but foced
iii. Pre-emption – national govt. laws will overpower state govt’s laws
1. National govt. can override state laws if there’s a compelling national interest
iv. Horizontal Federalism
1. States compete w/ one another

VIII. Advantages to Federalism

a. Fosters state loyalties
b. Breaking down govt. to state, local, national helps organization

c. Creates Laboratories of Democracy

d. Encourages pluralism – allows people to get more involved

e. Ensures separation of powers & prevents tyranny
f. Prevents 1 National Policy
g. Leads to lack of accountability