The History of It’s as simple as cake Federalism is real American goodness : Marshall Court Era Marshall Court Federalism:

Establishing a strong national “The necessary ingredient” • 1789-1834 Period of nationalization – Dual federalism concept but the national government dominates – Led by John Marshall ( = strong nat’l gov’t) 1801-1835 • Loose constructionist view of • Using the elastic clause to grant implied powers – McCulloch v. Maryland (supremacy clause/ issuing currency/borrowing money/taxation) – Gibbons v. Ogden (interstate commerce) • Miscellaneous Case – Marbury v. Madison (judicial review) In other words… “Marshall Court” dual federalism looked like this Dual Federalism (1835-1865) Dual Federalism “Vegetable oil and water don’t mix”

• 1835-1865 Division of powers between the and national government still exists but now shifts to favor the states/individual under the Taney Court – Dred Scott case – Era of industrialization • Strict constructionist view of the enumerated powers and 10th Amendment thus limiting the elastic clause • Post-Civil War - pre- dual federalism intact but no level of government dominates In other words… “Taney Court” dual federalism looked like this “The transition” Dual to Cooperative Why the need to change?

• Time and events fundamentally altered the scope & purpose of government – Great Depression – States overwhelmed with the burden of promoting the “general welfare” (unemployed) The federal government could assist Cooperative Federalism Cooperative Federalism “Mixing a masterpiece” • 1930s-mid 1960s • Increasing role of federal government in domestic • Policy sharing technique- use of federal grants-in-aid to encourage states to pursue the national agenda – Categorical grants •Formula • Project • Policy examples: – programs- Feds set policy states implement it – Interstate highway system – Great Society programs (Medicare, Medicaid, Elementary & Secondary Education Act) Devolution “Cutting the cake”

• 1968-2001 (possibly still today) • Origins: – President Nixon late 1960s-early ‘70s (new/) – Strengthened by Reagan (devolution revolution 1980s) • Returning more authority to the states – Increased use of block grants to limit unfunded mandates • States are laboratories of experimentation • Policy examples: – The 1996 Welfare Reform Act reduced the restrictions on how states spend federal grant money The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.

End of the Devolution Revolution? Death of Devolution? Death of Devolution? • Recent policy examples: – Highway funding (seat belt laws, drinking age)

Mandatory seat belt laws. “Live free or die!” Death of Devolution?

• Recent policy examples: – Education: • No Child Left Behind (Bush) • Race to the Top (Obama) Death of Devolution?

• In every case the feds create program and if states want the money they have to accept the stipulations • But… Death of Devolution? • When it comes to non-monetary issues the feds are not usually as concerned • Pot Reviewing Grants-in-aid basics

• Definition- money paid by one level of government to another to provide a method to redistribute income thus removing gross inequality among states and its citizens • Types: –Block – Categorical- project & formula Purpose

• Helps solve a financial dilemma for states – Most states must have a balanced budget, the federal government does not • DC pays the bill and states run the programs • Superior option to unfunded mandates Positive Attributes of Grants

• Attractive to both state and federal – • “Free” money to the states • State governments can take credit for getting the money and still blame Washington for high • All states can benefit from many programs • Congressmen use these porkbarreling practices to secure re- Negative Attributes of Grants

• National government seeking to control state responsibilities – In effect bribing states to do the federal government’s bidding • Winners & losers – Unequal distribution of wealth ( money back to the states) • Certain grants must by matched by state funds Advantages/Disadvantages of Federalism Positive • Ideally suited for a large geographic area – Keeps government close to the people – Multiple routes for participation • Promotes diverse & encourages experimentation • Allows for quick action on matters of local concern • Avoids a concentration of power – Prevents tyranny – Multiple centers of power so one faction can’t dominate Advantages/Disadvantages of Federalism Negative • Incredibly expensive – Taxation at multiple levels – Duplication of services • Inefficient – , more laws/red tape – Confusion knowing what different levels of government are doing • Inequality as states differ in the resources they provide – Residents of some states receive better/worse benefits – Inequality in federal funding to the states per tax dollar • Encourages/favors those involved in special interest groups – “Squeaky wheel receives the grease” • Federal government blackmails state governments to do its bidding – Examples: • Lowering the Blood Alcohol Content limit • Seat belt laws