Notes no. 3

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𝔽𝕖𝕕𝕖𝕣𝕒𝕝𝕚𝕤𝕞 

• An important part of the American system 
• Divides the power between state and federal government 
• Gives the government the ability to check and balance each other 
• Creates a strong union 
• Safeguards the state interests 
• balances centralization 
• the authority relies on the constitution
  

ℂ𝕠𝕞𝕞𝕠𝕟𝕒𝕝𝕚𝕥𝕚𝕖𝕤 𝕠𝕗 𝔽𝕖𝕕𝕖𝕣𝕒𝕝 𝕊𝕪𝕤𝕥𝕖𝕞𝕤

• Two levels of governments (both elected and with different functions) that must work together 
• A national written constitution  that cant be changed without the consent of the subnational government 
• There are three branches (legislative, judicial, and executive) in two levels so there is some degree of autonomy from one another 
• National courts commonly resolve disputes between levels of government 
• Subnational governments are always represented in the upper house of the national legislature 

𝕆𝕥𝕙𝕖𝕣 𝕤𝕪𝕤𝕥𝕖𝕞𝕤

• Confederation: the power is decentralized and the central government's ability depends on the subnational government's consent 
• Federation: the power is held both at the state and national level 
• Unitary System: authority is highly focused on the central government and the subnational government is dependent on the central government

𝔽𝕖𝕕𝕖𝕣𝕒𝕝𝕚𝕤𝕞 𝕒𝕟𝕕 𝕥𝕙𝕖 ℂ𝕠𝕟𝕤𝕥𝕚𝕥𝕦𝕥𝕚𝕠𝕟

• Federalism is called out in the Constitution, which empowers & restricts state and national government 
• Expressed (enumerated powers): found in Article 1, Section 8 of the Constitution. This part lists the Congressional powers like taxing, borrowing money, and declaring war
• Implied powers: Found in section 8, which grants the Congress to make laws that are needed to fulfill their line of work (aka the Necessary and Proper Clause) 
• State powers are not listed in the Constitution 
• Framers believed that states would retain any powers not prohibited by the Constitution or delegated by the national government 
• When the ratification for the Consitution needed to be done, several states wanted the reserved powers to be explicitly given 
• 10th Amendment affirms the states' reserved powers (aka the reservation clause) 
• The two levels of government share concurrent powers 

ℂ𝕠𝕟𝕤𝕥𝕚𝕥𝕦𝕥𝕚𝕠𝕟𝕒𝕝 ℂ𝕠𝕟𝕤𝕥𝕣𝕒𝕚𝕟𝕥𝕤

• Government can't (Art 1, Section 9-10) 
• Suspend the writ of habeas corpus, which allows a person in custody to write to a judge to determine whether that person's detention is legal 
• pass a bill of attainder, a legislative action declaring someone guilty without trial 
• enact an ex post facto law, which criminalizes an act that happened in the past before it was illegalized 
• The Bill of Rights will not like the government encroach on personal freedoms 
• States can not 
• Enter treaties with other countries
• coin money 
• levy taxes on imports and exports ( the bullets above are all located in Article 1, Section 10)
• Deny citizens the right to which they are entitled by the Constitution, due to process of law, or equal protection of the laws (14th Amendment) 
• Civil Rights Amendments (15th, 9th, 26th) prevent both eh states and the federal government from taking the citizens' right to vote based on race, sex, and age 

𝔽𝕖𝕕𝕖𝕣𝕒𝕝𝕚𝕤𝕞 𝕒𝕟𝕕 𝕥𝕙𝕖 ℂ𝕠𝕟𝕤𝕥𝕚𝕥𝕦𝕥𝕚𝕠𝕟

• Article 4 says that the laws of Congress shall be "the supreme Law of the Land" 
• Supremacy Clase: when a federal and state law collide, the federal one will dominate  

𝕄𝕒𝕣𝕚𝕛𝕦𝕒𝕟𝕒 𝕃𝕖𝕘𝕒𝕝𝕚𝕫𝕒𝕥𝕚𝕠𝕟

• The federal government defined it as illegal 
• 23 states and the District of Columbia have medical marijuana laws 
• Some states have decriminalized recreational use 
• 4 states have completely legalized it 
• The Federal government could act but has not pressed the issue 

𝕊𝕥𝕒𝕥𝕖 𝕥𝕠 𝕊𝕥𝕒𝕥𝕖 ℝ𝕖𝕝𝕒𝕥𝕚𝕠𝕟𝕤

• Full faith and credit clause: Article 4, Section 1 demands that states give "fall faith and credit" to each other's acts, records, and judicial proceedings 
• An adoption certificate or driver's license issued in one state is valid in any other state 

𝕄𝕒𝕣𝕣𝕚𝕒𝕘𝕖 𝔼𝕢𝕦𝕒𝕝𝕚𝕥𝕪

• Events. . .
  

𝔽𝕖𝕕𝕖𝕣𝕒𝕝𝕚𝕤𝕞 𝕒𝕟𝕕 𝕥𝕙𝕖 ℂ𝕠𝕟𝕤𝕥𝕚𝕥𝕦𝕥𝕚𝕠𝕟

• The privileges and immunities clause of Article 4
• states are prohibited from discriminating against out-of-staters
• prohibits states from establishing trade 
• States can tax out-of-state goods sold within their borders as long as state-made goods are taxed at the same level

𝔻𝕚𝕤𝕥𝕣𝕚𝕓𝕦𝕥𝕚𝕠𝕟 𝕠𝕗 𝔽𝕚𝕟𝕒𝕟𝕔𝕖𝕤

• Total Revenue in 2014 
• Federal government = $3.2 trillion 
• States = $1.7 trillion 
• Local = $1.2 trillion 
• Why as the allocation of revenue changed? 
• 16th Amendment (1913) which Congress imposed income taxes without apportioning it among the states on the basis of population = raise revenue and to spend significantly increased 
• The federal government has more money to spend and give to the state/local government through grants 

𝔽𝕚𝕟𝕒𝕟𝕔𝕖𝕤

• Federal 
• 47% come from individual income 
• 38% from payroll taxes (combination of Social Security and Medicare tax)
• States
• 39% comes from taxes 
• Sale tax 47%
• Individual income tax 38%
• Property tax 2%
• 25% from federal grants
• 15% revenue from service charges 
• Tax structures of states vary (i.e TX) do not have individual income taxes 
• Local 
• 37% taxes
• 72% property tax
• 30% came from state and federal grants
• 20% revenue from service charges 

𝕀𝕟𝕥𝕖𝕣𝕘𝕠𝕧𝕖𝕣𝕟𝕞𝕖𝕟𝕥𝕒𝕝 𝔾𝕣𝕒𝕟𝕥𝕤

• During economic times, intergovernmental transfers provide fiscal relief as the revenue states of state and local government dry up

𝔽𝕖𝕕𝕖𝕣𝕒𝕝 𝔹𝕦𝕕𝕘𝕖𝕥

• Nearly 2/3 of the federal budget is spent in 3 places:
• Social Security (22.7%)
• Health care and Health insurance programs (23.9%)
• Defense (15.3) 
• The rest goes to 
• Safety net programs (15%)
• Earned Income Tax Credit 
• Child Tax Credit 
• Unemployment 
• Food Stamps 
• Low-Income Assistance Programs 
• Interest on federal debt (8.5%) 
• Benefits fro federal retirees and veterans + transportation infrastructure (14.6%)

ℂ𝕠𝕞𝕡𝕒𝕣𝕚𝕟𝕘 𝕊𝕡𝕖𝕟𝕕𝕚𝕟𝕘 𝔹𝕖𝕥𝕨𝕖𝕖𝕟 𝕊𝕥𝕒𝕥𝕖 𝕒𝕟𝕕 𝕃𝕠𝕔𝕒𝕝 𝔾𝕠𝕧𝕖𝕣𝕟𝕞𝕖𝕟𝕥

• States spend more on higher education 
• Local spend more on k-12 
• As national funding for public higher education has decreased as state revenue has decreased due to online commerce 

★彡[3.2 ᴛʜᴇ ᴇᴠᴏʟᴜᴛɪᴏɴ ᴏꜰ ᴀᴍᴇʀɪᴄᴀɴ ꜰᴇᴅᴇʀᴀʟɪꜱᴍ]彡★

• 1819 to the 1860s: The national government works to establish its role which often provoked the states to protect their interests 
• Except for the Civil War as the Supreme Court settled the power struggles 
• The national supremacy principle introduced during this period restricts state encroachment on national powers 

𝔻𝕦𝕒𝕝 𝔽𝕖𝕕𝕖𝕣𝕒𝕝𝕚𝕤𝕞

•  The 1870s-1930s Dual Federalism (layered cake): states and national governments exercise exclusive authority through the powers given to them 
• Why?
• Several Supreme Court rulings blocked attempts by both states and federal once stepped outside of their jurisdiction
• prevailing economic philosophy at the time loathed government interference in the process of industrial development 

ℂ𝕠𝕠𝕡𝕖𝕣𝕒𝕥𝕚𝕧𝕖 𝔽𝕖𝕕𝕖𝕣𝕒𝕝𝕚𝕤𝕞

• The 1930s - 1960s Cooperative Federalism (marble cake)
• both governments coordinate their actions to solve national problems (Great Depression, Civil Rights)
• Erodes the jurisdictional boundaries between the states and federal gov. 
• Expansion of states and national government's power 
• Why?
• Great Depression and the New Deal changed the relationship between the people and the government 
• After the New Deal, there was unemployment insurance, agricultural subsidies, protections or organizing in the workplace, and other public services 

• The 1960s: LB Johnson's administrations expands the government's role 
• Medicaid, Medicare, school nutrition programs
• Education
• Environmental and consumer protection
• Civil rights
• Two lasting Impacts 
• Nationalization of politics emerged which expanded the size of the federal administrative apparatus and increased the flow of federal grants to state & local 
• State and Local authorities were given flexibility in the implementation of federal social welfare programs 

𝕋𝕙𝕖 𝔼𝕧𝕠𝕝𝕦𝕥𝕚𝕠𝕟 𝕠𝕗 𝔸𝕞𝕖𝕣𝕚𝕔𝕒𝕟 𝔽𝕖𝕕𝕖𝕣𝕒𝕝𝕚𝕤𝕞

• Federal and State administer programs coordinated but states have latitude in how they administer it 
• Social Security Act of 1935 gave states and local officials wide discretion over eligibility and benefit levels 
• States are required to provide jobless benefits, so they tax on businesses in order to fund the program as well as the duration and replacement of unemployment benefits 

ℕ𝕖𝕨 𝔽𝕖𝕕𝕖𝕣𝕒𝕝𝕚𝕤𝕞

• The 1970s-1980s: New Federalism 
• During the Nixon and Reagan eras in which people wanted to reverse the process of nationalism 
• Based off of an idea that decentralization of policies enhances administrative efficiency, reduces overall public spending, and improves policy outcomes 
• The national government must be involved in education health, and social welfare to have uniformity across the states 
• Requires minimal federal standards 
• Ensures state programs that generate positive externalities
• Advantages of New Federalism 
• One size fits all doesn't fit all states 
• State and Local authorities are closer to the people and better at discerning their needs 
• Decentralized federalism can foster innovative policy ideas 

𝕀𝕟𝕥𝕖𝕣𝕘𝕠𝕧𝕖𝕣𝕟𝕞𝕖𝕟𝕥𝕒𝕝 ℝ𝕖𝕝𝕒𝕥𝕚𝕠𝕟𝕤𝕙𝕚𝕡𝕤]

• Intergovernmental grants offer money to states to work toward national goals 
• A grant is like a "carrot" which is meant to entice the recipient to do something 
• Unfunded mandates are the "stick": the have federal requirements don't eh state/local authorities, there are also penalties for non-compliance and there is little compensation for the costs 
• The Clean Air Act is an example of an unfunded mandate 

𝔾𝕣𝕒𝕟𝕥𝕤

• Land grants had existed when AOC was 
• 20th Century - Cash Grants 
• Federal Grants come with strings attached 
• Types of Federal Cash Grants 
• Categorical grants 
• less discretion in using funds 
• strict administrative criteria that guide projection, selection, performance, and financial oversight
• often require some commitment of matching funds 
• i.e Medicaid; the food stamp program
• Block Grants
• fewer conditions 
• more flexibility over how to spend grant funds
• i.e workforce investment act program 
• Federal Grants to state and local has increased since 1960 
• Federal grants split among some main categories 
• Health 55%
• Income Security 17%
• Transportation 11%
• Education, training, employment, and social services 11%
• The federal government prefers categorical grants 
• The federal government (2014) gave  1,099 grants and only 21 were block grants

ℂ𝕠𝕞𝕡𝕖𝕥𝕚𝕥𝕚𝕧𝕖 𝔽𝕖𝕕𝕖𝕣𝕒𝕝𝕚𝕤𝕞 𝕋𝕠𝕕𝕒𝕪

• Certain functions belong to the federal, state, and local government 
• National security = federal 
• the issuance of licenses = state
• garbage collection = local 
• In the past, the federal government handled immigration and states determined the legality of same-sex marriage 
• Now it is shared in both levels of government 

𝕍𝕖𝕟𝕦𝕖 𝕊𝕙𝕠𝕡𝕡𝕚𝕟𝕘

• Venue shopping is a strategy in which interest groups select the level and branch of government they calculate will be most beneficial for them
• Mothers Against Drunk Drivers (MADD) raise the national drinking age to 21 in the 1980s (failed at the state level but successful at the federal level)
• the federal government passed the National Minimum Drinking Age Act (NMDAA)
• reduced federal highway grant money to any state that failed to increase the legal age for alcohol purchase and possession to 21

𝔸𝕕𝕧𝕒𝕟𝕥𝕒𝕘𝕖𝕤 𝕠𝕗 𝔽𝕖𝕕𝕖𝕣𝕒𝕝𝕚𝕤𝕞

• Promotes policy innovation 
• Promotes political participation (multiple levels of access) 
• Accommodates diversity of opinion 

𝔻𝕚𝕤𝕒𝕕𝕧𝕒𝕟𝕥𝕒𝕘𝕖𝕤 𝕠𝕗 𝔽𝕖𝕕𝕖𝕣𝕒𝕝𝕚𝕤𝕞

• Economic disparities across states 
• States compete to attract business by lowering taxes and regulations (Race-to-the-bottom)
• The difficulty of taking action on issues of national importance 

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