Federalism Changes from 1980
- Created by: megan
- Created on: 15-10-14 10:51
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- Federalism Changes
- Reagan
- Sought to put an end to the increased central control of states
- called New Federalism
- 'It is my intention to curb the size and influence of the Federal establishment'
- Actions
- Decreased federal outlays (money for fed obliga
- Untitled
- Sought to put an end to the increased central control of states
- G.W.Bush
- Conlan and Dinlan said that the Bush admin had been 'routinely dismissive of federalism concerns' (2007)
- Some changes in Medicaid which gave more power to states
- In first term, approved 64 measures removing regulatory powers from the states
- Though not all changed federal-state relations
- Security
- In wake of 9/11
- Created the dept of Homeland Security
- Centralised existing fed govt agencies and added powers
- States had to meet federal standards for driving licenses
- The USA Patriot Act
- Expansion of federal authority in the surveillance of suspected terrorists
- Education
- Promoted the No Child Left Behind Act (2001)
- Required annual testing of students
- Corrective measures imposed by fg if a school was failing
- Very few waivers (states excepted) granted in first few years
- Promoted the No Child Left Behind Act (2001)
- The Help America Vote Act (2002)
- Due to voting issue in Florida during the general election 2 yrs earlier
- States and countries had to adopt specific systems and procedures to meet a minimum standard
- The Partial-Birth Abortion Ban Act (2003)
- Outlawed a particular method of abortion nationwide
- The Defense Reorganization Act (2007)
- After Hurricane Katrina
- The president can take command of the National Guard in any state in an emergency
- Federal grants-in-aid to state and local govts increased significantly
- In fiscal year of 2005 they reached a record high of $375bn
- Around $90bn higher than 2000
- Federal spending grew 18% during Bush's Presidency
- In fiscal year of 2005 they reached a record high of $375bn
- Economy
- Federal grants-in-aid to state and local govts increased significantly
- In fiscal year of 2005 they reached a record high of $375bn
- Around $90bn higher than 2000
- Federal spending grew 18% during Bush's Presidency
- In fiscal year of 2005 they reached a record high of $375bn
- The Treasury Dept took a 79.9% controlling share of two mortgage companies known as 'Fannie Mae' and 'Freddie Mac'
- The Federal Housing Finance Agency created to regulate mortgage provision
- Federal grants-in-aid to state and local govts increased significantly
- Federalism in general
- elastic clauses
- The Commerce Clause
- fed govt is now the 'manager of the economy' as now taxes and spends
- Also provide financial aid so the states are dependent on Washington
- eg Obama's financial stimulus plan
- Also provide financial aid so the states are dependent on Washington
- fed govt is now the 'manager of the economy' as now taxes and spends
- The Commerce Clause
- fed govt is now the 'manager of the economy' as now taxes and spends
- Also provide financial aid so the states are dependent on Washington
- eg Obama's financial stimulus plan
- Also provide financial aid so the states are dependent on Washington
- Basic rights extended to all citizens
- Therefore constrains states' ability
- elastic clauses
- Historically
- under the provisions of the Articles of Confederation, powers of central govt were heavily decentralised
- no president and limited congressional prerogatives
- Constitution
- The Federalist Papers asserted that this level of decentralisation was weak and ineffective
- created an executive but there were still checks on central govt
- 10th Amendment declared States could decide on matters not prohibited in the Constit
- elastic clauses
- means that centralisation is expanding
- Massive increase in fg powers in early 30s due to depression
- Typically Republicans and Conservatives in favour of decentralisation
- under the provisions of the Articles of Confederation, powers of central govt were heavily decentralised
- Definition: Federalism is a system based upon democratic rules and institutions in which the power to govern is shared between national and provincial/state governments, creating what is often called a federation:
- Variation
- laws varies b/w states
- eg differing policies on capital punishment, abortion and drugs
- shows degree of federalism
- generally over civil law issues, not criminal
- fed govt allows choice over civil laws
- eg differing policies on capital punishment, abortion and drugs
- laws varies b/w states
- Clinton
- Unfunded Mandates Reform Act
- Before states had to meet certain requirements without any funding
- The act attempted to curb this
- The Congressional Budget Office had to estimate the costs of these mandates
- The act attempted to curb this
- fg agencies also had to access the effects of proposed measures on the state, local govt and private sector
- Meant that unfunded mandates were publicly visible
- A check on the fed govt
- Before states had to meet certain requirements without any funding
- signed the Defense of Marriage Act (1996)
- Declared marriage was only b/w a man and a women, therefore outlawing same sex marriage
- But allowed states to make own laws on civil partnerships
- Now around 35 states have gay marriage - shows that they still have control
- Declared marriage was only b/w a man and a women, therefore outlawing same sex marriage
- Unfunded Mandates Reform Act
- The Supreme Court
- Basic rights extended to all citizens
- Therefore constrains states' ability
- From mid 90s the Supreme Court was more limited in the way it interpreted the commerce clause
- examples
- United States vs Lopez
- Didn't allow the Gun-Free Schools Act - meant to restrict people carrying guns near schools
- United States vs Lopez
- Also struck down part of the Violence Against Women Act (1994)
- part allowed women to sue in federal court but not allowed as argued to only have an indirect effect on the economy
- United States vs Morrison (2000)
- examples
- From 2003 there was an increase in agreement with the fg
- e.g. Gonzales vs Raich
- fg preempted California's Compassionate Use Act by prohibiting the use of marijuana medical purposes
- based on Commerce Clause
- fg preempted California's Compassionate Use Act by prohibiting the use of marijuana medical purposes
- e.g. Gonzales vs Raich
- Basic rights extended to all citizens
- Conclusions
- The US is much more centralised
- Some argue that it isn't much different to unitary states like the UK
- Especially since Bush
- Supreme Court more considerate towards govt claims since 2003
- depends on individual president
- The US is much more centralised
- Exclusive Powers of the States
- establishing local govts
- Issuing licenses
- regulating intrastate commerce
- conducting elections
- ratifying amendments
- providing for public health and safety
- Exclusive powers if the national govt
- printing money
- declaring war
- establishing an armed forces
- entering into treaties with foreign govts
- regulating commerce b/w states and other countries
- establishing post offices and issuing postage
- making laws necessary to enforce the constitution
- Concurrent powers
- setting up courts
- creating and collecting taxes
- building highways
- borrowing money
- making and enforcing laws
- chartering banks and corporations
- spending money to improve general welfare
- compulsory purchase
- Obama
- federal govt assistance to the state inc from 3.7% of the GDP(2008) to 4.6% (2009)
- the ratio of state govt employees to fed employees at highest since new deal in the 30s
- Money from the fed govt to state inc from 25% of state spending in 2008 to 30% in 2009
- 2003 economic stimulus package $20bn to states, 2009 $246bn to states
- Due to the reauthorisation of the State Children's Health Insurance Programme (2009), the expansion of Medicaid and the Race to the Top Programme
- 2003 economic stimulus package $20bn to states, 2009 $246bn to states
- The Affordable Care Act (Obama Care)
- Described by Reps as 'the end of federalism'
- Tea Party Movement accused him of being more of a socialist than a federalist
- 2010 exit polls 74% of Reps and 60% of Inds agreed that 'federal govt is doing too many things better left to business and individuals'
- Untitled
- Reagan
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