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Federalism

What is Federalism?
 Federalism: a political system in which authority is divided between different levels of
government
 Federalism lies between 2 extremes for how government power can be organized
o Unitary system: governments in which all power is concentrated. Ex. France;
Japan
o Confederal Systems: governments in which local units hold all the power. Ex.
United Nations; European Union
Constitutional Foundations of Federalism
 Provisions in the Constitution that set up the American federal system:
o Enumerated powers of Congress (Article I, Section 8): Congressional powers
specifically named in the Constitution
o Necessary and Proper Clause (Found at the end of Article I, Section 8): Gives
Congress the power to make and law required to carry out its enumerated powers
o Supremacy Clause (Article VI): Declaration that the Constitution and laws made
under its provisions are the supreme law of the land
 Real Example: State of Texas vs US government over control of US –
Mexico border. Texas put barbed wire and US government sued Texas.
 10th Amendment: “The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to the people
 Article I, Section 10: Prohibits states from entering into treaties, raising armies or navies,
levying import or export taxes on goods, and making war
 14th Amendment: Applies the Bill of Rights to the states
Varieties of Federalism
 Concurrent powers: in federal systems, specific powers can be unique to the national
and state governments, but there can also be powers that are shared by the federal and
state governments.
 There are 2 different forms of federalism that vary on the level of concurrent powers
that exist:
o Dual federalism: a federal system under which the national and state
governments are responsible for separate policy areas (few to no concurrent
powers)
o Cooperative or Shared federalism: a federal system under which that
national and state government share responsibilities for most domestic policy
areas (many concurrent powers)
 We have seen a progression from dual to
cooperative federalism in the United States
 The national government can nationalize
traditionally state powers or it can devolve
national powers to the states
o Nationalization: the process by
which the national government takes
on powers traditionally associated with the state and local governments
o Devolution: the transfer of powers and responsibilities from the national
government to the states
 Throughout American history, we can observe 2 trends when we study American
federalism:
o American government in general is growing at both the national and state
levels
o Gradual, but uneven, strengthening of the national government at the expense
of the states
American Federalism over Time
The Great Depression and the New Deal
 Expansion of the national government’s power to regulate the national economy
 Led by Franklin Roosevelt and Democrats in Congress
o FDR vs the Supreme Court
 Popular Constitutionalism
 Empowers national government to do something they have not
historically been able to do before
 National government has a prominent role on regulations in economy
The Civil Rights Movement
 Reconstruction was unsuccessful in terms of slavery
 Brown v. Board of Education (1954) ruling that racial segregation in public schools was
unconstitutional
 Efforts by Supreme Court to use the 14th Amendment to invalidate state laws which
deprived citizens of their constitutional rights
Recent Developments
 Republican administrations devolved some powers back to states in recent decades
 The conservative – controlled Supreme Court has limited the power of the national
government in recent cases
 But there have also been several actions taken to increase the national government’s
power (Ex. Patriot Act of 2001; Affordable Care Act of 2010)
Federalism and Democracy
 Because of federalism, citizens in different states have different levels of access to
government programs and may even have different civil rights and liberties
 One such example of this is Medicaid
Evaluating Fragmented Democracy
 What is the overarching question being asked in this reading
 What is federalism and why is it so important
o How does the structure of Medicaid affect the experiences of its beneficiaries
o How does the nature of federalism affect American democracy
 Fragmented Democracy Central Argument
o Federal programs like Medicaid, which are administered different in each state,
allows for geographic inequality
o It also creates inequality in participation
 Medicaid beneficiaries in states with more robust benefits are more likely
to participate in politics that those in states with fewer benefits
 If you have a positive experience with a government program or benefit,
you will be more likely to participate or vote. If you have negative effects
or do not see benefits, you are less likely to participate or not vote
 People’s experience with government affects how they participate in
politics
 Federalism is increasing inequality in this country
 “I find”
 Evaluating Fragmented Democracy
o Evidence author uses to support their argument
o Medicaid is different based on where you live
 Talks about different interview subjects in her study
 Conducts interviews with Medicaid beneficiaries
 Using qualitive methods: interviews, echography, archival work
o People’s experience with government affects how they participate in politics
 John from Michigan
 Uses Medicaid as a lens to understand how Federalism creates differences in people’s
experiences in different programs or privileges
o Marijuana, gun control, Roe v. Wade, are different examples that could be used
 .
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