Book Cover  American Government 4/e     Thomas E. Patterson
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Chapter 3: Federal Government: Forging a Nation


CHAPTER OUTLINE

CHAPTER OUTLINE

The welfare reform bill

The chapter’s main points:

Power of government must be equal to its responsibilities

Federalism was the result of political bargaining

Federalism is not a "fixed principle" but has changed with the times

Contemporary federalism tilts toward national authority

Federalism: National and State Sovereignty

Introduction

Federalism divided sovereignty (the ultimate authority to govern) between national and state governments

Until 1787, United States had been a confederacy (states had sovereignty)

A unitary system vests sovereignty solely in the national government

The Argument for Federalism

Protecting Liberty

Responsive Government

Strong Government

The Powers of the Nation

Enumerated Powers–specifically given to national government

Seventeen powers listed in Article I, Section 8

Article VI grants supremacy clause (national law is supreme to states)

Implied Powers–powers of the national government not specifically granted to it

Stem from "necessary and proper clause" or elastic clause

Important so as not to restrict government’s adaptation to change

The Powers of the States

Reserved Powers: the authority of the states

Antifederalists feared consequences of a strong national government

Madison observed that states could retain many governing functions

Tenth Amendment grants reserved powers to the states

Federalism in Historical Perspective

Introduction

Framers avoided details; brief phrases gave government flexibility

Constitution does not define difference between interstate and intrastate commerce

An Indestructible Union (1789—1865)

The Nationalist View: McCulloch v. Maryland (1819)

Jefferson and Hamilton clashed over issue of a national bank

John Marshall ruled in favor of the bank (implied powers)

Marshall also strengthened supremacy clause (Maryland could not tax the national bank)

The States’ Rights View: The Dred Scott Decision (1857)

Calhoun’s "nullification doctrine"

Taney’s Court ruled that slaves were "property" and not "citizens"

Lincoln campaigned for gradual abolition of slavery

Civil War established binding national authority upon states

 

Dual Federalism and Laissez-Faire Capitalism (1865—1937)

Dual federalism assumed a precise state-federal separation of powers

Industrial revolution raised questions about dual federalism

The Fourteenth Amendment and State Discretion

Fourteenth Amendment intended to protect citizens from discrimination by state governments

Supreme Court rulings undermined the amendment

Judicial Protection of Business

Court narrowly interpreted commerce power (weakened regulation)

In Hammer v. Dagenhart (1918), Court ruled that child labor was a state matter

National Authority Prevails

The Great Depression demonstrated that America had a national and interdependent economy

After FDR’s "court-packing plan," Court began supporting New Deal

Toward National Citizenship

Idea that all Americans are equal in their rights has become pervasive

Important differences remain in citizens’ rights, privileges, immunities

Federalism Today

Interdependency and Intergovernmental Relations

Economy is now national and international in scope

Cooperative federalism–a "marble cake," not a " layer cake"

Levels of government now cooperate more than ever-before

Government Revenues and Intergovernmental Relations

Fiscal Federalism–the expenditure of federal funds on programs that run in part

through state and local government

Tremendous growth in public employment at the state/local levels

Federal grants-in-aid have increased tenfold in the past four decades

Federal grants actually decreased during the 1980s

Federal grants were on the increase again by 1990 (health, welfare costs)

Categorical and Block Grants

Federal funds account for roughly $1 of every $5 spent by state and local governments

Most aid in form of categorical grants (used only for specific purposes)

Block grants gives state and local governments more discretion

A New Federalism: Devolution

Budgetary Pressures and Public Opinion

Federal budget pressures led to unfunded mandates and cuts in grants to states and localities

The Republican Revolution

Republican-controlled Congress pushed for greater state/local control, fewer unfunded mandates

The Public’s Influence: Setting the Boundaries of Federal-State Power

FDR’s programs, such as Social Security, attracted public support

LBJ’s Great Society programs reflected Americans’ desire for government services

Today, public opinion is behind current rollback in federal authority

GOP victory in 1994

Less than half of public express confidence in Washington

Some 66 percent felt officials in Washington did not care about them

Wilson: nation-state relationship is decided anew each historic era


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