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FEDERALISM

  REVISION
BACKGROUND
• ‘Halfway house’ between the concept of a
  centralised unitary state and the idea of a
  confederation which would have been a weak
  association of autonomous states
• Grant ‘It arose out of a desire to bolster national
  unity whilst …accomodating regional diversity’
• Wheare said “method of dividing so that the
  general and regional govts are each within a
  sphere coordinate and independent”
FEDERALISM & CONSTITUTION
• Constitution does not mention words
  federalism, but in constitutional terms the
  federal and state govts are seen as being of
  equal status within their own distinctive
  realms of authority
• Supreme Court settles any disputes about the
  division of powers between them and its
  judgements are binding
DEVELOPMENT
• Several factors have been adopted which have
  served to increase the influence of Washington
  over the states
• Constitutional amendments – 14th amendment
  provided equal protection of the law to all
  citizens
• Supreme Court decisions –allowed an expansion
  of national intervention – the congressional
  power to tax for the common defence of the USA
• Financial – education, health, welfare (grants in
  aid)
Differing conceptions
• Relationship has fluctuated in different
  periods of US history
• Dual, cooperative, creative, coercive, new,
  progressive
• Categorical grants – grants from federal govt
  to be used for specific purposes
• Block grants – discretionary grants, states can
  choose how the money is spent
Presidents and federalism
• Roosevelt- Great Depression & New Deal –deploy
  resources of central government/interventionist
  measures
• JFK – promised to take the country forward with
  federal money. Policy taken up by Johnson in
  Great Society programme War on Poverty –
  categorical grants
• Nixon –new federalism –block grants
• Regan –new/dual federalism-reduction in grants
  in aid and federal regulations
• Clinton - era of big govt is over –wanted to cut
  budget deficit and spoke of increased
  opportunities for local experimentation
• George W Bush-
• Obama –progressive federalism? October 2009 –
  reversed the Bush policy of prosecuting medical
  marijuana cases in states which had legalised the
  practice
• Critics argue that Obama’s record on the 10th
  amendment is mixed – he will let the states have
  their own way when their policies please him
Obama – federalist?
• Granted California a waiver to allow it to raise
  auto emissions standards, but called in the feds
  when the state tried to cut payments to
  unionised health care workers
• Health care reform – demise of federalism?
  Currently states regulate the health insurance
  available in their states. Under Obama’s plan the
  federal govt would take over the role of
  regulator, leaving governors to implement new
  federal framework
Federalism –a good thing?
Conclusion

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Federalism revision

  • 2. BACKGROUND • ‘Halfway house’ between the concept of a centralised unitary state and the idea of a confederation which would have been a weak association of autonomous states • Grant ‘It arose out of a desire to bolster national unity whilst …accomodating regional diversity’ • Wheare said “method of dividing so that the general and regional govts are each within a sphere coordinate and independent”
  • 3. FEDERALISM & CONSTITUTION • Constitution does not mention words federalism, but in constitutional terms the federal and state govts are seen as being of equal status within their own distinctive realms of authority • Supreme Court settles any disputes about the division of powers between them and its judgements are binding
  • 4. DEVELOPMENT • Several factors have been adopted which have served to increase the influence of Washington over the states • Constitutional amendments – 14th amendment provided equal protection of the law to all citizens • Supreme Court decisions –allowed an expansion of national intervention – the congressional power to tax for the common defence of the USA • Financial – education, health, welfare (grants in aid)
  • 5. Differing conceptions • Relationship has fluctuated in different periods of US history • Dual, cooperative, creative, coercive, new, progressive • Categorical grants – grants from federal govt to be used for specific purposes • Block grants – discretionary grants, states can choose how the money is spent
  • 6. Presidents and federalism • Roosevelt- Great Depression & New Deal –deploy resources of central government/interventionist measures • JFK – promised to take the country forward with federal money. Policy taken up by Johnson in Great Society programme War on Poverty – categorical grants • Nixon –new federalism –block grants • Regan –new/dual federalism-reduction in grants in aid and federal regulations
  • 7. • Clinton - era of big govt is over –wanted to cut budget deficit and spoke of increased opportunities for local experimentation • George W Bush- • Obama –progressive federalism? October 2009 – reversed the Bush policy of prosecuting medical marijuana cases in states which had legalised the practice • Critics argue that Obama’s record on the 10th amendment is mixed – he will let the states have their own way when their policies please him
  • 8. Obama – federalist? • Granted California a waiver to allow it to raise auto emissions standards, but called in the feds when the state tried to cut payments to unionised health care workers • Health care reform – demise of federalism? Currently states regulate the health insurance available in their states. Under Obama’s plan the federal govt would take over the role of regulator, leaving governors to implement new federal framework