Federalism

1
Chapter 3

• Federalism
• And
• Intergovernmental
• Relations

2
NIMBYNot in My Backyard

• Nuclear Waste Policy Amendments Act of 1987
• Legislation developed to establish the first
  nations only Repository for spent nuclear fuel
  and high-level radioactive waste
• The State of Nevada call the legislation The
  Screw Nevada Act because after 15 years of
  protest Congress passed this legislation and gave
  approval for the construction of the facility at
  Yucca Mountain, NV, just 100 miles northwest of
  Las Vegas.
• 36 sites throughout the U.S. were reviewed prior
  to selecting the Yucca Mountain site for the
  facility.

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NIMBY continued

• The issue to locate a site began as a technical
  problem but soon became a Political Issue in both
  States and Localities. (NIMBY established)
• To gain approval to construct the site it
  required the Presidents approval. Yet, if the
  Governor of the state objected then both houses
  of Congress would have to approve before the site
  could be built.
• Public Opinion was overwhelming against the site
  being built in Nevada.

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NIMBY continued

• The state in fact was given federal funding to
  get the project going. The state however used the
  funds to prevent the site from being built.
• Funds were halted. Nevada sued and lost.
• What have Nevada citizens learned about State
  Sovereignty from all of this. Is it a Myth?
• Under Federalism the State of Nevada should have
  the ability to refuse the site construction yet
  the issue is a solution to a National Problem.
  Although the issue has been decided it is not
  over in the eyes of the citizens of Nevada.

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The Evolution of American Federalism

• Battles over Meaning 1790s 1860s
• State-Centered Federalism View that
  constitution only allowed Natl Govt. limited
  powers and States could overrule national laws if
  they determined that those laws were in violation
  of the constitution
• Nation-Centered Federalism View that the
  authority of Natl Govt. goes beyond the
  responsibilities of Article 1, Section 8 of the
  constitution National Supremacy Focus

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Evolution Continued

• From Separation to Cooperation 1860s-1920s
• Dual Federalism Emerged after Civil War Viewed
  Natl and State Govt.s as equals yet independent
  partners with each having distinct policy
  functions and each barred from interfering with
  each others work.
• Grant-in-Aid Programs Federal appropriations
  that are given to states and localities to fund
  state policies and programs

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Cooperation and Local Participation 1930s
1950s

• Intergovernmental Relations The style of
  federalism that recognizes the various levels of
  Govt. shared functions and each level is able to
  influence the others
• Cooperative Federalism Period of cooperation
  between Natl and State Govt.s whereas States
  accepted Natl Govt. as its ally rather than
  enemy. Fueled by the Great Depression.
• Categorical Grants-in-Aid Given with specific
  rules
• Formula Grants Grants given based on
  population, income, number of eligible people and
  other factors
• Project Grants Grants given for specific
  programs
• Matching Grants Grants given that States had to
  match funding for projects

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The Urban Focus1960s-1970s

• Funding toward Education, Health Care, Housing,
  Environmental Community Development increased.
• Lyndon Johnsons Great Society Funding went to
  local govt.s for feeding the poor, training the
  unemployed, educating low income, and children
• Period the Federal Govt. threatened to reduce hwy
  funding if states didnt reduce speed limits to 55

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Reforming and Devolving1970s 1990s

• Grant programs led to problems
• Councils of Govt. developed to assist local
  Govt.s with coordinating federal grants
• Block Grants introduced to give States more
  flexibility to spend how they wanted
• General Revenue Sharing States and local
  govt.s received money based on formula to use
  how they needed

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Fend-For-Yourself Federalism

• Period associated with Reagan Administration
• Concept to get States and Localities to become
  less dependent on Natl Govt. funding
• Unfunded Mandates Required actions on lower
  level govt.s by federal and state govt. with no
  funding to pay for activities mandated. (ADA)
• Devolution Give more functions and
  responsibilities to states and local govt.s

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21st Century Challenges2001 and Beyond

• Faith-based Organizations Church related
  organizations to deliver social and community
  services funded by federal govt. (G.W. Bush)
• Concern of Church-State Separation
• Homeland Security Result of 9-11. Focus changed
  to domestic security concerns
• Supreme Court Position shifted toward Natl
  Centered Federalism

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The Actors and Their Roles In Federalism

• The Supreme Court has consistently help shape
  the concept of Federalism depending on the nature
  of the court
• The White House Presidents have helped shape
  Federalism in their programs more so than by
  initiatives they have taken (Clinton Adm. On
  Welfare)
• Federal Bureaucracy Dilution and program reform
  and Homeland Security

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States in the Federal System

• States continue to play a major role in
  federalism with some states making significant
  contributions such as in the areas of Education,
  Environmental, and Welfare
• Much of the states role is dependent upon the
  leadership within the states
• The Supreme Courts recent rulings have been in
  favor of States Rights
• States political power makes a huge difference
• Public Opinion Can the states do what is needed?

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Local Governments

• Local Govt.s exist based on State Charters but
  they are not powerless
• Eminent Domain Right of sovereign govt. to take
  property for public purposes for Just
  Compensationeven if landowner objects
• Local Govt. needs vary widely
• Local Govt. political influence is strong and
  many times this influence helps shape the
  community and their role in the federal system

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Nongovernmental Actors

• Intergovernmental Lobby Individuals and Groups
  that have a special interest in the policies and
  programs implemented by Govt.
• Public-Sector Interest Groups Represent the
  interests of elected officials and governmental
  actors involved with intergovernmental relations
• Citizens Demand for programs yet citizens via
  taxes pay for most programs that they benefit
  from. Political influence is also a factor.

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Chapter Summary

• Federalism created through much compromise from
  the Framers of our Constitution
• Evolution of Federalism has been many debates
  over whether it was intended to be Nation OR
  State Centered
• Over the centuries federalism has evolved into a
  complex system of Intergovernmental Relations
  between the Natl, State, and Local Govt.s
• There are many Actors in the federal system and
  each contribute in some manner.