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Magleby & Light Government by the People Chapter 3 American Federalism
Debates Over the Relationship of the National Government and the States: Californias Emissions Standard Battle with the EPA
Impatient with the lack of action by the national government, in 2002 California required that vehicle carbon dioxide emissions be reduced by 30 percent starting in 2009 In 2003, the EPA ruled that carbon dioxide was not a pollutant and could not be regulated California has since sued the EPA
Defining Federalism
Federalism
Constitutional arrangement whereby power is distributed between a central government and subdivisional governments (eg., states). The national and the subdivisional governments both exercise direct authority over individuals.
Versions of Federalism
Dual Federalism
Views the constitution as giving a limited list of powers to the national government, leaving the rest to sovereign states
Cooperative Federalism
Federalism as a cooperative system of intergovernmental relations in delivering goods and services to the people
Competitive Federalism
Views the levels of government as being in competition to provide packages of services and taxes
Versions of Federalism
Permissive Federalism
Powers are shared, but state power rests upon the permission and permissiveness of the national government
New Federalism
Presumes that the power of the federal government is limited in favor of the broad powers reserved to the states
Alternatives to Federalism
Why Federalism?
Limit tyranny Unity without uniformity Encourage policy experimentation Training for national officials More arenas for public participation
Reserve powers
Concurrent powers
Interstate Relations
Full faith and credit clause Interstate privileges and immunities Extradition Interstate compacts
Doctrine of National Supremacy The power to tax involves the power to destroyIf the right of the States to tax the means employed by the general government be conceded, the declaration that the constitution, and the laws made in pursuance thereof, shall be the supreme law of the land, is empty and unmeaning declamation.
Decentralism
Supporters: Anti-Federalists, Thomas Jefferson, Supreme Court from 1920s to 1937, and Presidents Ronald Reagan and George W. Bush
Position: Views the Constitution as a compact among states that gives the central government very little authority
Regulatory Federalism
FEDERAL GRANTS: Supply state and local governments with revenue Establish minimum national standards (eg., highways,
clean air)
Equalize resources among the states Attack national problems, yet minimize the growth of federal agencies
Copyright 2009 Pearson Education, Inc., Publishing as Longman
Block grants
Far more flexible
Purposes of Federal Grants to State and Local Governments
Copyright 2009 Pearson Education, Inc., Publishing as Longman
Total and Partial Preemption Crossover Sanctions Cross-Cutting Requirements Direct Orders