3. Democracy: Two Types
A. Direct: rule by the people themselves.
B. Indirect (representative): rule
by elected representatives.
C. Founders' distrust of direct
democracy:
1. Impracticalities.
2. Fleeting passions of the
people --->concern that they
would be swayed by
demagogues.
4. Republic.
*Same as indirect democracy.
*Solves problems of direct democracy.
“Secures the advantages of direct
democracy while curing its weaknesses.”
5. Democratic Theory
A. Majoritarian politics view:
leaders are heavily influenced by the will
of the people.
B. Elite politics views: minorities
dominate policy
making
1. Marxist: influence of economic
elites.
2. C. Wright Mills: influence of
power elite: corporate, military, political
(Eisenhower’s “military industrial
complex.”)
3. Max Weber: influence of
bureaucracy.
6. Pluralist view:
1. Political resources are so scattered that no single
elite has a monopoly on them.
2. There are so many institutions in which power is
exercised that no single elite
could possibly control all of them.
3. Pluralism therefore argues that many groups
compete with each other for control over policy.
Policy is therefore the outcome of political
haggling, innumerable compromises, and evershifting alliances among groups.
7. D. Hyperpluralist View:
1. "Pluralism gone
sour."
2. There are so
many groups, and
they are so strong,
that government has
become
gridlocked and is
unable to act.
8. IV. Fundamental Democratic
Values
A. Popular sovereignty.
B. Respect for the
individual. State serves
individual, not vice versa.
C. Liberty.
D. Equality. Of
opportunity more than
result. Role of FDR’s 2nd
Bill of Rights: economic
security.
9. V. Fundamental Democratic
Processes
A. Free and fair elections,
with competing political
parties.
B. Majority rule
w/minority rights.
Fear of “tyranny of the
majority” led to protection
of property rights.
C. Freedom of expression.
D. Right to assemble and
protest.
10. VI. Fundamental Democratic
Structures (briefly -- covered in
more detail later)
A. Federalism.
B. Separation of
powers.
C. Checks and
balances.
D. Constitutionalism.
11. ORIGINS OF THE AMERICAN
REPUBLIC
I. Sources of the Constitution
A. British Customs and
Traditions, e.g., Magna
Carta and English Bill of
Rights.
B. European Philosophers, e.g.,
Locke, Hobbes,
Montesquieu, Rousseau
C. Colonial experiences, e.g.,
power of elected assembly.
D. State constitutions written
after the Declaration of
Independence, e.g., Preamble
closely resembles the
introduction to the Mass.
Constitution.
12. II. Constitutional Convention,
1787
A. Background.
Decl. of Indep. ---> Rev. War --->
Articles of Confed. and its weak
central govt.:
No power to tax.
No chief executive.
No national judiciary.
No power to regulate interstate or foreign
commerce.
No national currency.
2. Annapolis Convention, 1786:
called to improve Articles.
3. Shays' Rebellion, 1786 --->
necessity of a stronger national
government.
13. B. Delegates
1. Characteristics: "well-read, well-bred, well-fed, and well-wed."
2. Participants:
a. Madison: "Father of Const." because of leadership and detailed
notes of proceedings.
b. Washington: presiding officer
c. Franklin: "elder statesman."
d. Morris: largely responsible for final wording of Const.
e. Hamilton: most forceful advocate for strong central
government.
3. Charles Beard's Economic Interpretation of the United States (1913).
a. Constitution was written by propertied class --->
naturally reflected those interests (although no
conspiracy per se).
b. Rebuttals:
1) Most people owned property.
2) Even the poor, in hopes of someday owning
property, wanted to protect property.
Establishing a democratic government involved risks and dangers
--> need to build in safeguards and protections.
14. C. Areas of agreement:
1.Scrap the Articles of Confederation.
2.Establish a republican government.
3.Establish a constitutional government.
4.Established a balanced govt. where no single interest dominated.
5.Suffrage for property owners only.
6.Stronger central govt. than under the Articles.
7.Protection of property rights: the main purpose of govt .
8.Keep the proceedings secret.
15. D. Areas of disagreement --->
compromises:
1. Representation among the states.
a. Large states favored the Virginia Plan:
based upon population.
b. Small states favored the New Jersey Plan:
equal representation.
c. Connecticut (Great) Compromise: a
bicameral legislature with a popularlyelected House (based upon
population) and a Senate (equal rep.)
elected by state legislatures.
16. D. Areas of disagreement --->
compromises:
2. Representation and taxation of slaves.
a. Northern states wanted slaves to
count for taxation, but not
representation.
b. Southern states wanted the opposite.
c. 3/5 Compromise: 3/5 of the slaves
would count for both purposes (3/5 was
the ratio that would yield equal
representation among northern and
southern states).
17. D. Areas of Disagreement
---> Compromises:
Election of the President.
a. Life term v. annual election ---> compromise
of a 4-year term.
b. Method of election:
1) Some wanted election by Congress.
2) Some wanted election by state legislatures.
3) Some wanted direct election.
4) Compromise: Electoral College system.
18. E. Ratification Politics
1. Federalists:
a. Supporters:
property owners, creditors, merchants.
b. Views
1) Elites most fit to govern.
2) Feared "excesses" of democracy.
3) Favored strong central government.
c. Leaders: Hamilton, Madison, Washington,
19. 2. Antifederalists:
a. Supporters: small farmers, frontiersmen, debtors,
shopkeepers.
b. Views.
1) Feared concentration of power in hands of elites.
2)Believed that govt. should be closer to the people.
3)Feared strong central government. Favored
stronger state govts.
4) Feared the lack of Bill of Rights -- their strongest
argument.
c. Leaders: Henry, Mason, Gerry.
20. 3. Federalist
Advantages:
a. Were better represented in state legislatures.
b. Controlled the press.
c. Began ratification procedures quickly before
Antifederalists could get organized.
d. Agreed to a Bill of Rights after ratification of
the Constitution.
4. The Federalist Papers: Madison, Hamilton,
and Jay. To rally support for ratification of the
Constitution.
5. Ratification, 1788: by state ratifying
conventions of popularly-elected delegates.
21. I. Separation of Powers
I. Separation of powers.
A. To Madison, tyranny was
govt. that controlled all 3
branches of govt. ---> Division of
power among the legislative,
executive, and judicial branches.
B. This system diffuses power
instead of concentrating power.
C. Influence of Montesquieu.
D. Colonial experiences, e.g.,
excessive power in st.
legislatures need for strong
exec.
E. Danger of one branch
combining forces with another
branch ---> checks and balances.
22. II. Checks and Balances
A.
1.
2.
B.
Background.
18th century view of govt. as something to be restrained, and modern
view of govt. as something to be used for the common good.
Fear of tyranny among Founders ---> distrust of govt. --->
checks and balances as means of intentionally building
inefficiency in order to prevent govt. abuse of power.
System of restraints in which each branch can check the other two.
Reflects fear of tyranny.
1. Examples: veto, veto override, appointment and
confirmation, treaty-making and ratification, defense
funding and Commander-In-Chief.
2. Political independence within each branch: no branch is dependent
upon the other two for election (exception: judges are appt'd by
President) and continuance in office (life terms for judges ameliorate
presidential influence).
3. Staggering of terms within each branch -> a majority of voters can
gain control over one part of govt. at one time, e.g., midterm cong.
elections can serve as a check on the exec.
4. Modifications of checks and balances: examine if the following
strengthen or weaken checks and balances.
24. II. Checks and Balances
1. Political parties.
a. In theory, should weaken checks
and balances -- a way of bringing
the branches of govt. together.
Const. divides govt., but parties
bring people in govt. together.
b. In reality, however, parties are
weak:
Dominance of only 2 parties --->
each party has wide range of
interests ---> much disagreement
within each party itself ---> difficult
to assert such strong control
c. Prevalence of divided govt., i.e., a
Pres. of one party and a Cong. of
the other.
25. II. Checks and Balances
2. Changes in voting methods.
a. Senators now chosen by
people.
b. Congressmen also chosen by
people.
c. Presidents chosen by
electors who vote as the
people have voted.
-- Thus, members of two
branches essentially chosen
by same electorate --->
weakening of checks and
balances in theory; however,
split ticket voting has
changed this.
26. II. Checks and Balances
3. Growth of federal bureaucracy.
a. Development of numerous
agencies w/legislative, executive,
and judicial functions.
b. Congress often grants broad
authority to agencies and lets
them carry out the general will of
Congress, e.g., Congress
established an IRS to collect
taxes, and then granted the IRS
authority to help write the tax
code, enforce the tax code, and
settle disputes over the tax code.
-- Thus, growth of bureaucracy
has caused a weakening of checks
and balances.
27. II. Checks and Balances
4. Changes in technology, e.g.,
nukes, computers, fax
machines, satellite
communications: Two views:
a. President, Congress, interest
groups, media have all been
able to take advantage of the
new technologies --->
strengthening of checks and
balances.
b. President has been especially
able to take advantage of these
("electronic throne"), e.g.,
“staged event” of Bush
landing on an aircraft carrier
---> weakening of checks and
balances.
28. II. Checks and Balances
5. Emergence of U.S. as world power
after WWII.
a. Areas of "national interest" extend
around the world.
-U.S. is leader of free world.
-U.S. is only remaining
superpower after Cold War
b. With such heavy responsibilities,
any crisis seems to involve U.S.
somehow.
---> These responsibilities need
to be dealt with in a strong and
efficient manner --->power has
concentrated in executive branch
("imperial presidency") --->
weakening of checks and balances.
29. III. Limited Government
Limited government: dilemma of
wanting a more effective government,
but also a limited government that
did not become tyrannical.
A. Constitutional government: govt.
has only those powers listed in Const.
B. Bill of Rights as a safeguard
against possible tyranny from a new,
strong, distant government. Little
fear of state govts, but great fear of
national govt. Amendment 10 reflects
view that states would have
substantial powers: central govt.
could exercise only those powers
delegated to it by the Const. States
would have all else.
Free elections, but potential of majority
faction ---> Madison's "auxiliary
precautions."
30. IV. Judicial review.
A.
B
C.
Power of courts to strike down laws or
governmental actions.
Not explicitly provided for in Const.,
but Const. written in broad terms --->
need for interpretation ---> this most
logically falls to the courts.
Established by Marbury v. Madison,
1803:
1. Facts of case: the end of Federalist
control of govt. and appointment of the
"midnight judges," including Marbury
---> Jefferson ordered Madison to not
deliver commissions to these judges
--->Marbury's request for a writ of
mandamus (under Sect. 13 of Jud. Act.
of 1789) from the Supreme Court to
order the delivery of his commission.
2. Decision of Marshall and the Court:
section 13 of Judiciary Act of 1789
enabling the Court to issue a writ of
mandamus through original jurisdiction
in this type of case was unconstitutional.
31. IV. Judicial Review
3. Analysis.
a. Marshall ruled that the Court did
not have the authority to issue
the writ, but he paradoxically
increased its power by
establishing judicial review when
the Court struck down section 13.
b. Jefferson couldn't complain
because the midnight judges
didn't receive their appointments,
but he fumed because his enemy,
Federalist John Marshall,
increased the power of the Court.
Effects of judicial review: citizens
can challenge constitutionality of
laws in court by initiating
lawsuits (example: Gideon v.
Wainright, 1963) litigation has
become an important way of
making public policy.
Chief Justice John Marshall
32. V. Changing the Constitution
informally
A. Const. a framework ---> details to be filled in later.
B. Due to difficulties of formally changing Const., informal ways developed:
1. Acts of Congress (e.g., Judiciary Act of
1789).
2. Judicial rulings (e.g., Plessy v. Ferguson,
Brown v. Board, Texas v. Johnson,
Lawrence v. Texas).
3. Presidential actions (e.g., police actions since WWII, executive
privilege, impoundment).
4. Customs and traditions (e.g., Cabinet, parties, committee system in
Cong., senatorial courtesy, legislative veto, presidential nominating
conventions)
“Constitution belongs to the living, not the dead” (Jefferson):
Jefferson believed each generation might need new Const.
This hasn’t occurred because of the informal changes that have allowed the
Constitution to adapt to changing times.
33. VI. Changing the Constitution
formally, i.e. adding
Amendments.
A. Legacy of Articles:
Unanimous vote to amend ---->
impractical ---> desire to make
process easier, but not too easy.
B. Reasons for recent popularity
of proposing Amendments (e.g.,
balanced budget, D.C.
statehood, ERA).
1. Dissatisfaction by interest
groups with court decisions, e.g.,
flag burning decision
2. Gridlock in Congress.
34. ORIGINS OF AMERICAN
FEDERALISM
Federalism: constitutional division of power between the national
govt. and state govts. Both get their powers from a Constitution,
not each other.
Reasons for federal system in U.S.
A. Unitary system (where a central government rather than a
constitution delegates power) was undesirable -- too reminiscent
of British rule. Fear of strong, distant govt.
B. Confederate system undesirable -- too reminiscent of Articles.
C. Allows unity, but not uniformity -- allows for differences among
states.
D. More suitable for geographically large nation -- allows for
differences among states.
E. More suitable for heterogeneous people -- allows for
differences
35. Reasons for Federal System in
U.S
F. More likely to check
tyranny:
1. If tyranny occurred in
a few states, fed. govt. could
prevent its spread to others.
(e.g., Shays' Rebellion)
2. National govt. has only
those powers granted to it -all others belong to states
through
Amendment 10.
-- Cost of checking tyranny is
at times inefficiency, but
Founders more interested in
checking tyranny than in
having a strong and effective
govt. that could run
roughshod over the people's
liberties.
36. Reasons for federal system
in U.S
G. Frees national govt. to
concentrate on truly national
matters.
H. Frees states from excessive
intrusion on strictly state/local
matters (but discuss problem of
growth of federal mandates, and
esp. unfunded mandates).
I. Encourages experimentation -states as "laboratories" (e.g.
legalized gambling in Nevada
has spread to other states, CA
legalization of medical
marijuana has been adopted by
a few other states)
J. Keeps govt. closer to people.
Multiple points of access for
citizens.
37. Dual Federalism
1. Prevalent through
~1937.
2. State governments and
national government each
remained supreme within their
own spheres.
3. Powers and policy
assignments of the layers of
govt. were distinct, as in a layer
cake.
4. Suggested that the
powers of the national govt.
should be interpreted narrowly.
38. Cooperative (“Marble Cake”)
Federalism.
1. Prevalent since
~1937.
2. Mingling of
responsibilities between
the state and national
govt.
3. Sharing of powers
and policy assignments, as
in a marble cake.
4. Suggests that
powers of the national
govt.
should be interpreted
broadly.
39. New Federalism
1. Shifting of some authority
from national
govt. back to the states.
2. Associated with Nixon,
Reagan, and esp. associated with
104th and 105th Republican
Congress: “Devolution
Revolution”
3. Example: use of block
grants in welfare
reform bill of 1996.
40. STRUCTURE OF AMERICAN
FEDERALISM
National powers. National govt. has 3 categories of powers that are
delegated to it. Here are the categories of the delegated powers:
A. Expressed (enumerated): actually stated in the Const.
B. Implied: not stated explicitly, but suggested implicitly.
Importance of elastic clause.
C. Inherent: not stated explicitly, but held by the national
govt. by virtue of its being a national govt. Any govt. is
entitled to certain foreign policy powers such as diplomatic, acquiring
territory, or defending itself.
41. STRUCTURE OF AMERICAN
FEDERALISM
II.
State powers:
reserved
A. Amendment 10 states
that any powers not
granted to the national
govt. are reserved for the
states.
B. Examples:
establishing voting
requirements, running
elections, licensing
professionals, protecting
community health,
establishing a vehicle code.
42. STRUCTURE OF AMERICAN
FEDERALISM
III.
Concurrent powers.
A. Granted to Congress,
but not denied by Const.
or courts to the states --->
held by both national and
state govts.
B. Examples: taxing,
borrowing, establishing
court
system, establishing law
enforcement agencies.
C. Questions of fed./state
authority are decided by
courts.
44. STRUCTURE OF AMERICAN
FEDERALISM
V. Obligations of national
govt. to the states
A. Guarantee each state
a republican form of
govt.
B. Protect each state
against invasion or
domestic violence.
C. Grant new states the
same rights as other
states.
45. STRUCTURE OF AMERICAN
FEDERALISM
VI. Obligations of state govts.
A. Full faith and credit clause: each state must honor the public
acts, records and legal proceedings of other states, e.g., birth
certificates, marriages, debts.
1.Four states (MA, VT, IA, CT) have legalized same-sex
marriages.
2.However, in the 1990s Congress passed the Defense of
Marriage Act, which allowed each state to define marriage,
and in effect not recognize gay marriage if the state defined
marriage as the union of a man and a woman.
B. Privileges and immunities clause: each state must grant to
citizens of other states the same rights and privileges that
they grant to their own citizens, i.e., states cannot
unreasonably discriminate against citizens of other states.
C. Extradition: Governors must return suspects to the states in
which they allegedly committed their crimes.
D. Interstate compacts require consent of Congress.
46. DECENTRALISM (STATES' RIGHTS) V.
CENTRALISM (NATIONALIST)
I. Decentralist (states' rights) approach.
A. Const. a compact created by
states ---> implies strong state
authority.
B. Const. carefully limits national
authority to delegated powers.
C. 10th Amendment gives broad
powers to states.
D. When in doubt as to which holds
a power, matter should be resolved
in favor of states.
E. Implies strict constructionist
approach to Constitution
F. National govt. has gotten too big
and impersonal.
G. State govts. are closer to the
people.
H. Followers: Calhoun, Goldwater,
Reagan, southern conservatives,
western conservatives, Christian
fundamentalists, Newt Gingrich,
Bush 43
47. DECENTRALISM (STATES' RIGHTS) V.
CENTRALISM (NATIONALIST)
II.
Centralist (nationalist) approach.
A. Const. created by people ("We the people ..."), and
not the states.
B. Elastic, commerce, and taxing/spending clauses give
great power to national govt.
C. Powers go to states only if they have been
surrendered by national govt.
D. When in doubt, matter should be resolved in favor
of national govt.
E. Implies loose constructionist approach to
Constitution.
F. Size of federal bureaucracy has remained relatively
constant for last 40 years.
G. While state govts. may be closer to people, some of
those state
govts. have violated people's basic
rights (e.g., South during first 70 years of 20th
century) -- national govt. has been key protector of
rights.
H. Followers: Hamilton, Marshall, Webster, TR, FDR,
JFK, LBJ,
Clinton, Obama
48. III. Triumph of nationalist
approach: McCulloch v. Maryland,
1819
A. Maryland attempted to tax a branch
of the Bank of the U.S.:
1. It argued that taxing was one of
its reserved powers.
2. In addition, it argued that the
Bank was unconstitutional, anyway.
B. The Court's decision (under
Marshall):
1. Need for a more flexible
interpretation of the Const. so that it
would endure -> Bank was "necessary
and proper" ---> establishment of
implied powers.
2. "Power to tax involves power to
destroy" ---> states clearly not free to
destroy the national govt. --->
establishment of national supremacy.
49. IV. Sources of National
Strength.
A. Elastic clause: Congress can pass laws “necessary and proper” to carry
out expressed powers.
B. War powers.
C. Commerce clause: virtually anything is interstate or foreign commerce
Congress can regulate virtually anything.
D. Power to tax and spend for the “common defense and the general
welfare.”
1. While Congress cannot technically legislate on everything, it can
spend funds on virtually everything.
2. States don't have to accept federal money, but if they do, they must
follow federal guidelines (e.g., fed. highway funds can be denied if a state’s
alcohol purchasing age is less than 21, fed. education funds can be denied
if states do not comply w/No Child Left Behind Act)
-- Federal "strings" attached to funding are ways in which the
federal govt. can get its way on things.
E. Preemption of state laws by fed. courts if laws in conflict w/Const. or fed.
laws.
F. Imposition of federal mandates (some unfunded) on states
50. V. Recent Developments.
A. Evolution towards greater federal
control throughout most of 20th
century.
B.
Nixon's "New Federalism:" returning
some power back to states.
Also favored by Reagan, both
Bushes, and Republican Party in general
C.
Republican victory in cong. elections
of 1994 ---> Contract with America and
devolution of power back to states:
1. Unfunded Mandates Reform Act of
1995 restricted future unfunded
mandates.
2. Use of block grants to replace
categorical grants.
1996 welfare reform bill that
ended welfare as fed. entitlement. (Save
details of this bill for tomorrow) Repeal
of 55 m.p.h. speed limit.
51. V. Recent Developments
E. Supreme Court actions consistent with devolution:
1.
2.
3.
4.
Struck down Gun Free School Zones Act in 1995 in US v.
Lopez: Congress overextended itself when it linked gun
control laws to the interstate commerce clause of the
Constitution.
Struck down part of the Violence Against Women Act in US
v. Morrison (2000), saying that rape victims could not sue
their attackers in federal court because it was up to the
states – not Congress – to give such help to women victimized
by violence. Again, the Court said that the Congress
overextended itself with the use of the interstate commerce
clause in passing the Act.
Struck down Religious Freedom Restoration Act in 1993:
This act had restricted the power of the states to regulate
religion -> this ruling gave states greater authority to
regulate religion.
Struck down Brady Act in 1997 that required local law
enforcement agencies to do background checks on gun
buyers.
52. FEDERALISM AND
FEDERAL GRANTS
As national govt. has grown
more powerful, it has used
state and local govts. to
administer programs that
are federally funded --->
development of federal
grants to state and local
govts. Dollar amounts of
these have consistently risen
in last several decades,
though there has been
variation in grants as a
percentage of federal
expenditures.
53. Purposes of Fed. Grants
A. Reduces growth of fed.
bureaucracy -- fed. govt.
simply provides money to
states and has states run
the
programs (under fed.
guidelines, of course).
B. Supplies state and local
govts. w/needed revenue.
C. Establishes minimum fed.
standards in important
areas (air quality, water
quality)
D. Equalizes resources
among rich and poor
states.
54. Types of Fed. Grants
A. Categorical.
1. For specific
programs (e.g., roads,
airports, housing,
bilingual education).
2. National govt.
agrees to pay a portion of
the costs for these, and
states pick up the balance
--> these sometimes
called "formula grants"
because grants are offered
under a payment
formula (e.g., 80%-20%).
3. States don't have to
accept these, but if they do
they must comply w/fed.
standards.
55. Types of fed. grants.
B. Project.
1. States apply for grants for
specific projects.
2. "Grantsmanship:" state
competition for grants has
led to development of the
fine art of “grant writing”
56. Types of fed. grants.
C.
Block.
1.Granted to support a
collection of general
programs (e.g., urban
development,
transportation) ---> more
state leeway in spending of
the money.
2. Associate these
w/104th and 105th
Republican Congress and
devolution of power back
to states.
D. Analyze these types of
grants from centralist and
decentralist positions.
57. The Politics of Federal Grants
Democrats have generally favored greater funding, but with more
“strings” associated with categorical grants.
Republicans have generally favored less funding, but with fewer
“strings” associated with block grants. Welfare is an example of
this:
End to entitlement status of AFDC and federal guarantee of
welfare checks with passage in 1996 of Personal Responsibility
and Work Opportunity Reconciliation Act (Welfare Reform Act of
1996)
Welfare block grants therefore replaced the welfare categorical
grants.
Even as a block grant, the Welfare Reform act involved federal
“strings:”
No fed. funds go to recipients who have not worked within 2 yrs.
No fed. funds go to recipients who have received fed. money > 5
yrs.
States must spend at least 75% of what they had previously spent
on welfare – this to avoid the “race to the bottom.”
58. The Politics of Federal
Grants
An exception to the “fewer strings”
approach by the Republican Party
is its support of the No Child Left
Behind Act of 2002: In order to
receive federal funds for education,
states must:
1. Adopt subject matter standards
2. Test all students in grades 3-8 on
those standards
3. Identify low-performing schools
based upon that testing
4. Require low-performing schools
to develop improvement plans
5. Allow parents of students in such
schools that do not improve to
transfer to other public schools
59. •
•
•
FEDERAL MANDATES
Mandate: a federal order
imposed upon states.
Examples: Americans
with Disabilities Act.
Various environmental
acts, e.g., Clean Air Act,
Clean Water Act
Individuals with
Disabilities Education Act
61. Mandates and Their Impact
upon the states:
•
•
•
Financial burdens, esp. with
unfunded mandates, e.g., ADA
has imposed large costs upon
states as they make “reasonable
accommodations” for the
disabled.
State complaints about federal
heavy-handedness, e.g., if a state
does not devise a plan and pay for
the requirements of the Clean Air
Act of 1990, the federal
government will impose its own
plan upon the state.
State complaints about federal
blackmail, e.g., if a state doesn’t
comply with the Clean Air Act
standards, federal funds can be
withheld in other programs.
62. Republican Response to
Mandates:
*Unfunded Mandates Reform
Act of 1995 (part of
Contract w/America)
restricted future unfunded
mandates
*Required CBO to analyze
impact of unfunded
mandates on states.
*Requires separate
congressional vote on bills
that impose unfunded
mandates.
B. This is another example
of the Devolution
Revolution associated with
the 104th Congress.
63. POLITICS OF AMERICAN
FEDERALISM
Nonconstitutional reasons for triumph of
nationalist approach.
A. Growth of U.S. in size and population --->
large problems only national govt. could
handle.
B. Problems tend to be more national (and
even international) in scope, e.g., pollution,
crime, global economy.
C. Improved communication and
transportation -- Washington D.C. not so far
away.
D. Historical developments (New Deal, WWII,
Great Society) created huge bureaucracies and
constituencies to support a strong fed. govt.
Once federal programs are started, they are
difficult to end because of the political support
that has developed for them.
64. Backlash Against Big
Government
A. General consensus in late70s that power of govt. had
gone too far.
B. 4 of last 5 Presidents have
been "outsiders" (Carter,
Reagan, Clinton, Bush 43).
C. Questionable effectiveness
of some fed. programs, e.g.,
Great Society programs
D. Tax revolt (Prop 13,
Mondale's "pledge" to raise
taxes, Reagan tax cuts, Bush
41’s "read my lips," tax cuts
even under Clinton, Bush 43 tax
cuts).
65. Backlash against big
government
E. Reduction of Great Society-style
fed. aid to cities, and restoration
of principle that states should
take on more responsibilities:
1. Reduction of categorical
grants.
2. Increased use of block
grants.
3. Reduction of fed.
regulations, e.g. granting of
waivers to states that want to
experiment with welfare reform.
4. 1996 welfare reform bill
that ended welfare as federal
entitlement.
5. Restrictions on future
unfunded mandates as part of
Contract with America.
66. Effects of New Federalism and
Devolution Revolution: a mixed bag.
Clinton declared in 1996 that “The era of big
government is over.” Supporting evidence of this:
-Welfare reform bill,
-Repeal of 55 m.p.h. limit
-Restrictions on future unfunded
mandates
-More block grants/less categorical grants.
Tax cuts under both Clinton and Bush 43
67. Effects of New Federalism and
Devolution Revolution
However, even Republican Congresses increased national
power:
1. 9-11 and an increase in big government to deal with
terrorism.
2. Wars in Afghanistan and Iraq led to huge military
spending increases. Massive budget deficits (>$500
billion) under Bush 43
USA Patriot Act of 2002 gave strong powers to
national government to deal w/terrorism
NCLB Act imposed significant burdens upon states.
Addition of prescription drug benefit for Medicare,
a program that was/is already under tremendous
financial pressure.
Huge growth in congressional “earmarks:” pet
projects that members of Congress set aside for their
districts/states.
68. Effects
Economic crisis of 2008-2009 led to
massive federal spending bills to stimulate
the economy and bail out failing
corporations. The 2009 deficit alone was
~ $1 trillion, which was what the entire
national debt was in 1980. Given this kind
of spending, and given the renewed
regulatory role of the federal government
in the economy, it is difficult to say that
“the era of big government is over.”
