AMERICAN AMERICAN FEDERALISMFEDERALISM

September 27th, 2003September 27th, 2003

Establishing the Two Establishing the Two OrdersOrders of of Government -- FederalismGovernment -- Federalism• Why Have a Federal Government?Why Have a Federal Government?

– practical reasonspractical reasons– philosophical reasoningphilosophical reasoning

• Why Maintain State Governments?Why Maintain State Governments?– practical reasonspractical reasons– philosophical reasoningphilosophical reasoning

Level of CentralizationLevel of Centralization

Confederation

Large Unitary Gov’t

Federalism

Decentralized Federation

Centralized Federation

US 2002US 2002

Small Unitary Gov’ts

US 1789US 1789

Indicators of CentralizationIndicators of Centralization

• size of the federal governmentsize of the federal government– expenditures, programs, budgetsexpenditures, programs, budgets

• federal grants-in-aid, mandatesfederal grants-in-aid, mandates– federal inducements/requirements that states federal inducements/requirements that states

undertake certain actionsundertake certain actions

• federal preemptionfederal preemption– regulation of interstate commerceregulation of interstate commerce

American FederalismAmerican Federalism

• explanations of centralizationexplanations of centralization– idea of “one nation”idea of “one nation”

• E Pluribus UnumE Pluribus Unum• American civil warAmerican civil war• citizen demands for rights to be extended equally across citizen demands for rights to be extended equally across

the nationthe nation– representation of state interests representation of state interests withinwithin the national the national

government as opposed to representation through government as opposed to representation through relations between state governments and national relations between state governments and national governmentgovernment

• the Senate!the Senate!

Centralization Centralization in Contextin Context

• broad trend of centralization has taken place broad trend of centralization has taken place within a context of important powers reserved within a context of important powers reserved to the statesto the states

• examples of differences in the exercise of examples of differences in the exercise of powers reserved for the statespowers reserved for the states– the death penaltythe death penalty– gun controlgun control– medical marijuanamedical marijuana– right to die (e.g. assisted suicide)right to die (e.g. assisted suicide)– referendums/initiativesreferendums/initiatives

The New FederalismThe New Federalism

• the devolution revolutionthe devolution revolution– 1980-20021980-2002

– peaked in 1994 with Contract with Americapeaked in 1994 with Contract with America

The “New” FederalismThe “New” Federalism1980-20001980-2000

(Confederation)

Large Unitary Gov’t

Federalism

Decentralized Federation

Centralized Federation

US 1980US 1980

Small Unitary Gov’ts

The Devolution RevolutionThe Devolution Revolution• causes of devolutioncauses of devolution

– about limiting governmentabout limiting government• Theodore LowiTheodore Lowi

– devolution is about dual federalism and dual citizenshipdevolution is about dual federalism and dual citizenship– proponents of devolution believe... proponents of devolution believe...

• states rights should predominate on issues of race, class states rights should predominate on issues of race, class and genderand gender

– e.g. welfaree.g. welfare

• this was the case from 1930-1960 but was abrogated this was the case from 1930-1960 but was abrogated during the 1960s and 1970sduring the 1960s and 1970s

• devolution is an attempt to return to the proper state of devolution is an attempt to return to the proper state of thingsthings

– explains idiosyncratic patterns of federal vs. state dominanceexplains idiosyncratic patterns of federal vs. state dominance

The New Federal ActivismThe New Federal Activism

• examples of expanded federal examples of expanded federal interventionintervention– educationeducation

• No Child Left BehindNo Child Left Behind

– medical marijuanamedical marijuana

The New Federal ActivismThe New Federal Activism

• examples of federal interventionexamples of federal intervention– educationeducation

• No Child Left BehindNo Child Left Behind

– medical marijuanamedical marijuana

– Defense of Marriage ActDefense of Marriage Act

– right-to-dieright-to-die• Gonzales v. OregonGonzales v. Oregon

The New Federal ActivismThe New Federal Activism

• significant shift in accepted wisdom that significant shift in accepted wisdom that decentralization favoured by the rightdecentralization favoured by the right

• intervention by federal government used intervention by federal government used to further conservative causesto further conservative causes

• shifting in thinking on federalism – shifting in thinking on federalism – shifting beliefs about conservative control shifting beliefs about conservative control of federal government??of federal government??

Main Message!Main Message!

• federalism...federalism...– not simply a technical issue about which not simply a technical issue about which

gov’t is best placed to do whatgov’t is best placed to do what

– involves...involves...• philosophical questions regarding the overall role philosophical questions regarding the overall role

of governmentof government• practical questions regarding partisan control of practical questions regarding partisan control of

various levels of governmentvarious levels of government