Download democracy in the u - Renton School District

****Material in bold print appeared on previously released AP exams.
(Revised April, 2010)
DEMOCRACY IN THE U.S.,
I.
Democracy.
A.
B.
Rule by the people.
Two types:
1.
2.
C.
Direct: rule by the people themselves
Indirect (representative): rule by elected representatives
Founders' distrust of direct democracy:
1.
2.
Impracticalities.
Fleeting passions of the people ---> concern that they would be swayed by
Demagogues.
Republic.
A.
B.
C.
Same as indirect democracy.
Solves problems of direct democracy.
“Secures the advantages of direct democracy while curing its weaknesses.”
II.
Other types of Government
A. Monarchy
a. King/Queen
b. Emperor/Empress
B. Theocracy
C. Dictator
III.
Democratic theory.
A.
B.
Majoritarian politics view: leaders are heavily influenced by the will of the people.
Elite politics views: minorities dominate policy making
1.
2.
3.
C.
Pluralist view:
1.
2.
3.
D.
Marxist: influence of economic elites.
C. Wright Mills: influence of power elite: corporate, military, political (Eisenhower’s
“military industrial complex.”)
Max Weber: influence of bureaucracy.
Political resources are so scattered that no single elite has a monopoly on them.
There are so many institutions in which power is exercised that no single elite
could possibly control all of them.
Pluralism therefore argues that many groups compete with each other for control
over policy. Policy is therefore the outcome of political haggling, innumerable
compromises, and ever-shifting alliances among groups.
Hyperpluralist view:
1.
2.
"Pluralism gone sour."
There are so many groups, and they are so strong, that government has become
gridlocked and is unable to act.
1
IV.
Fundamental democratic values.
A.
B.
C.
D.
V.
Popular sovereignty.
Respect for the individual. State serves individual, not vice versa.
Liberty.
Equality. Of opportunity more than result. Role of FDR’s 2 nd Bill of Rights: economic
security.
Fundamental democratic processes.
A.
B.
C.
D.
VI.
Free and fair elections, with competing political parties.
Majority rule w/minority rights. Fear of “tyranny of the majority” led to protection of property
rights.
Freedom of expression.
Right to assemble and protest.
Fundamental democratic structures (briefly -- covered in more detail later).
A.
B.
C.
D.
Federalism.
Separation of powers.
Checks and balances.
Constitutionalism.
2
ORIGINS OF THE AMERICAN REPUBLIC,
I.
Sources of the Constitution.
A.
B.
C.
D.
II.
British customs and traditions, e.g., Magna Carta and English Bill of Rights.
European philosophers, e.g., Locke, Hobbes, Montesquieu, Rousseau
Colonial experiences, e.g., power of the purse held by the elected assembly.
State constitutions written after the Declaration of Independence, e.g., Preamble closely
resembles the introduction to the Mass. Constitution.
Constitutional Convention, 1787.
A.
Background.
1.
Decl. of Indep. ---> Rev. War ---> Articles of Confed. and its weak central govt.:
a.
b.
c.
d.
e.
2.
3.
B.
No power to tax.
No chief executive.
No national judiciary.
No power to regulate interstate or foreign commerce.
No national currency.
Annapolis Convention, 1786: called to improve Articles.
Shays' Rebellion, 1786 ---> necessity of a stronger national government.
Delegates.
1.
2.
Characteristics: "well-read, well-bred, well-fed, and well-wed."
Participants:
a.
b.
c.
d.
e.
3.
Madison: "Father of Const." because of leadership and detailed notes of
proceedings.
Washington: presiding officer
Franklin: "elder statesman."
Morris: largely responsible for final wording of Const.
Hamilton: most forceful advocate for strong central government.
Charles Beard's Economic Interpretation of the United States (1913).
a.
b.
Constitution was written by propertied class ---> naturally reflected those
interests.
Rebuttals:
1)
2)
3)
Most people owned property.
Even the poor, in hopes of someday owning property, wanted to
protect property.
Establishing a democratic government involved risks and dangers
--> need to build in safeguards and protections.
3
C.
Areas of agreement:
1.
2.
3.
4.
5.
6.
7.
8.
D.
Scrap the Articles of Confederation.
Establish a republican govt.
Establish a constitutional govt.
Established a balanced govt. where no single interest dominated.
Suffrage for property owners only.
Stronger central govt. than under the Articles.
Protection of property rights: the main purpose of govt.
Keep the proceedings secret.
Areas of disagreement ---> compromises:
1.
Representation among the states.
a.
b.
c.
2.
Representation and taxation of slaves.
a.
b.
c.
3.
Large states favored the Virginia Plan: based upon population.
Small states favored the New Jersey Plan: equal representation.
Connecticut (Great) Compromise: a bicameral legislature with a
popularly-elected House (based upon population) and a Senate (equal
rep.) elected by state legislatures.
Northern states wanted slaves to count for taxation, but not representation.
Southern states wanted the opposite.
3/5 Compromise: 3/5 of the slaves would count for both purposes (3/5 was
the ratio that would yield equal representation among northern and
southern states).
Election of the President.
a.
b.
Life term v. annual election ---> compromise of a 4-year term.
Method of election:
1)
2)
3)
4)
Some wanted election by Congress.
Some wanted election by state legislatures.
Some wanted direct election.
Compromise: Electoral College system.
4
E.
Ratification politics.
1.
Federalists:
a.
b.
Supporters: property owners, creditors, merchants.
Views
1)
2)
3)
c.
2.
Leaders: Hamilton, Madison, Washington, Jay.
Antifederalists:
a.
b.
Supporters: small farmers, frontiersmen, debtors, shopkeepers.
Views.
1)
2)
3)
4)
c.
3.
d.
5.
Feared concentration of power in hands of elites.
Believed that govt. should be closer to the people.
Feared strong central government. Favored stronger state govts.
Feared the lack of Bill of Rights -- their strongest argument.
Leaders: Henry, Mason, Gerry.
Federalist advantages:
a.
b.
c.
4.
Elites most fit to govern.
Feared "excesses" of democracy.
Favored strong central government.
Were better represented in state legislatures.
Controlled the press.
Began ratification procedures quickly before Antifederalists could get
organized.
Agreed to a Bill of Rights after ratification of the Const.
The Federalist Papers: Madison, Hamilton, and Jay. To rally support for
ratification of the Constitution.
Ratification, 1788: by state ratifying conventions of popularly-elected delegates.
5
PRINCIPLES OF THE CONSTITUTION, 26-34
I.
Separation of powers.
A.
B.
C.
D.
E.
II.
To Madison, tyranny was govt. that controlled all 3 branches of govt.  Division of
power among the legislative, executive, and judicial branches.
This system diffuses power instead of concentrating power.
Influence of Montesquieu.
Colonial experiences, e.g., excessive power in st. legislatures  need for strong exec.
Danger of one branch combining forces with another branch  checks and balances.
Checks and balances.
A.
Background.
1.
18th century view of govt. as something to be restrained, and modern view of govt.
as something to be used for the common good.
2.
Fear of tyranny among Founders  distrust of govt.  checks and balances as
means of intentionally building inefficiency in order to prevent govt. abuse of power.
B.
C.
System of restraints in which each branch can check the other two. Reflects fear of tyranny.
Examples: veto, veto override, appointment and confirmation, treaty-making and
ratification, defense funding and Commander-In-Chief.
Political independence within each branch: no branch is dependent upon the other two
for election (exception: judges are appt'd by President) and continuance in office (life
terms for judges ameliorate presidential influence).
Staggering of terms within each branch -> a majority of voters can gain control over one
part of govt. at one time, e.g., midterm cong. elections can serve as a check on the exec.
Modifications of checks and balances: examine if the following strengthen or weaken
checks and balances.
D.
E.
F.
1.
Political parties.
a.
In theory, should weaken checks and balances -- a way of bringing
the branches of govt. together. Const. divides govt., but parties
bring people in govt. together.
b.
In reality, however, parties are weak:
Dominance of only 2 parties  each party has wide range
of interests  much disagreement within each party itself
 difficult to assert such strong control
Prevalence of divided govt., i.e., a Pres. of one party and a Cong.
of the other.
1)
c.
2.
Changes in voting methods.
a.
Senators now chosen by people.
b.
Congressmen also chosen by people.
c.
Presidents chosen by electors who vote as the people have voted.
-- Thus, members of two branches essentially chosen by same electorate - weakening of checks and balances in theory; however, split ticket voting
has changed this.
3.
Growth of federal bureaucracy.
a.
Development of numerous agencies w/legislative, executive, and
judicial functions.
b.
Congress often grants broad authority to agencies and lets them
carry out the general will of Congress, e.g., Congress established
an IRS to collect taxes, and then granted the IRS authority to help
write the tax code, enforce the tax code, and settle disputes over
the tax code.
-- Thus, growth of bureaucracy has caused a weakening of checks and balances.
6
4.
Changes in technology, e.g., nukes, computers, fax machines, satellite
communications: Two views:
a.
b.
5.
President, Congress, interest groups, media have all been able to take
advantage of the new technologies  strengthening of checks and
balances.
President has been especially able to take advantage of these ("electronic
throne"), e.g., “staged event” of Bush landing on an aircraft carrier 
weakening of checks and balances.
Emergence of U.S. as world power after WWII.
a.
b.
c.
d.
Areas of "national interest" extend around the world.
U.S. is leader of free world.
U.S. is only remaining superpower after Cold War
With such heavy responsibilities, any crisis seems to involve U.S.
somehow.
 These responsibilities need to be dealt with in a strong and efficient manner 
power has concentrated in executive branch ("imperial presidency")  weakening
of checks and balances.
7
PRINCIPLES OF THE CONSTITUTION, 35-37
III.
Limited government: dilemma of wanting a more effective government, but also a limited
government that did not become tyrannical.
A.
B.
C.
IV.
Constitutional government: govt. has only those powers listed in Const.
Bill of Rights as a safeguard against possible tyranny from a new, strong, distant
government. Little fear of state govts, but great fear of national govt. Amendment 10
reflects view that states would have substantial powers: central govt. could exercise only
those powers delegated to it by the Const. States would have all other powers.
Free elections, but potential of majority faction ---> Madison's "auxiliary precautions."
Judicial review.
A.
B.
C.
Power of courts to strike down laws or governmental actions.
Not explicitly provided for in Const., but Const. written in broad terms ---> need for
interpretation ---> this most logically falls to the courts.
Established by Marbury v. Madison, 1803:
1.
2.
3.
Facts of case: the end of Federalist control of govt. and appointment of the
"midnight judges," including Marbury ---> Jefferson ordered Madison to not deliver
commissions to these judges --->Marbury's request for a writ of mandamus
(under Sect. 13 of Jud. Act. of 1789) from the Supreme Court to order the delivery
of his commission.
Decision of Marshall and the Court: section 13 of Judiciary Act of 1789 enabling the
Court to issue a writ of mandamus through original jurisdiction in this type of case
was unconstitutional.
Analysis.
a.
b.
4.
Marshall ruled that the Court did not have the authority to issue the writ, but
he paradoxically increased its power by establishing judicial review when
the Court struck down section 13.
Jefferson couldn't complain because the midnight judges didn't receive their
appointments, but he fumed because his enemy, Federalist John Marshall,
increased the power of the Court.
Effects of judicial review: citizens can challenge constitutionality of laws in court
by initiating lawsuits (example: Gideon v. Wainright, 1963)  litigation has become
an important way of making public policy.
8
PRINCIPLES OF THE CONSTITUTION, 37-45
V.
Changing the Constitution informally, i.e., without adding Amendments.
A.
Const. a framework ---> details to be filled in later.
B.
Due to difficulties of formally changing Const., informal ways developed:
1.
2.
3.
4.
C.
VI.
Acts of Congress (e.g., Judiciary Act of 1789).
Judicial rulings (e.g., Plessy v. Ferguson, Brown v. Board, Texas v. Johnson,
Lawrence v. Texas).
Presidential actions (e.g., police actions since WWII, executive privilege,
impoundment).
Customs and traditions (e.g., Cabinet, political parties, committee system in
Cong., senatorial courtesy, legislative veto, presidential nominating conventions)
“Constitution belongs to the living, not the dead” (Jefferson):
1.
Jefferson believed each generation might need new Const.
2.
This hasn’t occurred because of the informal changes that have allowed the
Constitution to adapt to changing times.
Changing the Constitution formally, i.e. adding Amendments.
A.
Legacy of Articles: Unanimous vote to amend ----> impractical ---> desire to make
process easier, but not too easy.
B.
Process of amending reflects federal system. A two-step system of proposal and
ratification
1.
Proposal.
a.
b.
2/3 vote from both houses of Congress (all done this way). No presidential
veto possible.
Const. convention called by Congress at request of 2/3 of states --->
serious implications and fears of such a gathering:
1)
2)
3)
2.
Never used before.
Fear of "runaway" convention that might get out of hand and
implement wholesale changes in the Const.
Disturbing questions: Will convention stick to only the matter at
hand? Will it take on other issues? Who gets to be delegates?
How are they selected? How is representation among the states to
be determined?
Ratification. 2 methods. Congress decides which shall be used.
a.
3/4 of state legislatures.
1)
All but one (21st) done this way.
2)
Most state legislatures ratify w/simple majority, but some require a
"supermajority." (e.g., 3/5, 2/3, 3/4)
b.
Ratifying conventions in 3/4 of states.
1) Amendment 21 done this way.
2) A more directly democratic way: people elect delegates who state their
positions on the proposed amendment. Citizens are in essence casting
their votes on the amendment by voting for the appropriate delegates.
C.
Time limits for ratification: generally 7 years (exception of ERA).
9
ORIGINS OF AMERICAN FEDERALISM, 58-65
I.
Federalism: constitutional division of power between the national govt. and state govts.
Both get their powers from a Constitution, not each other.
II.
Reasons for federal system in U.S.
A.
B.
C.
D.
E.
F.
Unitary system (where a central government rather than a constitution delegates power)
was undesirable -- too reminiscent of British rule. Fear of strong, distant govt.
Confederate system undesirable -- too reminiscent of Articles.
Allows unity, but not uniformity -- allows for differences among states.
More suitable for geographically large nation -- allows for differences among states.
More suitable for heterogeneous people -- allows for differences
More likely to check tyranny:
1.
2.
If tyranny occurred in a few states, fed. govt. could prevent its spread to others.
(e.g., Shays' Rebellion)
National govt. has only those powers granted to it -- all others belong to states
through Amendment 10.
-- Cost of checking tyranny is at times inefficiency, but Founders more interested in
checking tyranny than in having a strong and effective govt. that could run roughshod
over the people's liberties.
G.
H.
I.
III
Frees national govt. to concentrate on truly national matters.
Encourages experimentation -- states as "laboratories" (e.g. legalized gambling in
Nevada has spread to other states, CA legalization of medical marijuana has been adopted
by a few other states)
Keeps govt. closer to people. Multiple points of access for citizens.
Historical developments.
A.
Dual federalism.
1.
2.
3.
4.
B.
Cooperative (“marble cake”) federalism.
1.
2.
3.
4.
C.
Prevalent through ~1937.
State governments and national government each remained supreme within their
own spheres.
Powers and policy assignments of the layers of govt. were distinct, as in a
layer cake.
Suggested that the powers of the national govt. should be interpreted narrowly.
Prevalent since ~1937.
Mingling of responsibilities between the state and national govt.
Sharing of powers and policy assignments, as in a marble cake.
Suggests that powers of the national govt. should be interpreted broadly.
New Federalism.
1.
2.
3.
Shifting of some authority from national govt. back to the states.
Associated with Nixon, Reagan, and esp. associated with 104th and 105th
Republican Congress: “Devolution Revolution”
Example: use of block grants in welfare reform bill of 1996.
10
STRUCTURE OF AMERICAN FEDERALISM, 66-72
I.
National powers. National govt. has 3 categories of powers that are delegated to it. Here are the
categories of the delegated powers:
A.
B.
C.
II.
State powers: reserved.
A.
B.
III.
Expressed (enumerated): actually stated in the Const.
Implied: not stated explicitly, but suggested implicitly. Importance of elastic clause.
Inherent: not stated explicitly, but held by the national govt. by virtue of its being a
national govt. Any govt. is entitled to certain foreign policy powers such as diplomatic
recognition, acquiring territory, or defending itself.
Amendment 10 states that any powers not granted to the national govt. are reserved
for the states.
Examples: establishing voting requirements, running elections, licensing professionals,
protecting community health, establishing a vehicle code.
Concurrent powers.
A.
B.
C.
Granted to Congress, but not denied by Const. or courts to the states ---> held by both
national and state govts.
Examples: taxing, borrowing, establishing court system, establishing law enforcement
agencies.
Questions of fed./state authority are decided by courts.
IV.
National supremacy (Article VI): national govt. supreme in case of conflict.
V.
Obligations of national govt. to the states
A.
B.
C.
VI.
Guarantee each state a republican form of govt.
Protect each state against invasion or domestic violence.
Grant new states the same rights as other states.
Obligations of state govts.
A.
Full faith and credit clause: each state must honor the public acts, records and legal
proceedings of other states, e.g., birth certificates, marriages, debts.
1.
2.
Five states (NH, MA, VT, IA, CT) have legalized same-sex marriages.
However, in the 1990s Congress passed the Defense of Marriage Act:
1)
2)
3)
B.
C.
D.
Federal govt. defines marriage as the union of a man and a woman.
Allowed each state to define marriage.
Allows states to not recognize same-sex marriages that are contracted in
other states which have legalized it.
Privileges and immunities clause: each state must grant to citizens of other states the
same rights and privileges that they grant to their own citizens, i.e., states cannot
unreasonably discriminate against citizens of other states.
Extradition: Governors must return suspects to the states in which they allegedly
committed their crimes.
Interstate compacts require consent of Congress.
11
AMER. FEDERALISM: DECENTRALISM (STATES' RIGHTS) V. CENTRALISM (NATIONALIST), 73-76
I.
Decentralist (states' rights) approach.
A.
B.
C.
D.
E.
F.
G.
II.
Centralist (nationalist) approach.
A.
B.
C.
D.
E.
F.
G.
III.
Const. a compact created by states ---> implies strong state authority.
Const. carefully limits national authority to delegated powers.
10th Amendment gives broad powers to states.
Implies strict constructionist approach to Constitution
National govt. has gotten too big and impersonal.
State govts. are closer to the people.
Followers: Calhoun, Goldwater, Reagan, southern conservatives, western conservatives,
Christian fundamentalists, Newt Gingrich.
Const. created by the people ("We the people ..."), and not the states.
Elastic, commerce, and taxing/spending clauses give great power to national govt.
Powers go to states only if they have been surrendered by national govt.
Implies loose constructionist approach to Constitution.
Size of federal bureaucracy has remained relatively constant for last 40 years.
While state govts. may be closer to people, some of those state govts. have violated
people's basic rights (e.g., South during first 70 years of 20th century) -- national govt. has
been key protector of rights.
Followers: Hamilton, Marshall, Webster, TR, FDR, JFK, LBJ, Clinton, Obama
Triumph of nationalist approach: McCulloch v. Maryland, 1819.
A.
Maryland attempted to tax a branch of the Bank of the U.S.:
1.
2.
B.
The Court's decision (under Marshall):
1.
2.
IV.
It argued that taxing was one of its reserved powers.
In addition, it argued that the Bank was unconstitutional, anyway.
Need for a more flexible interpretation of the Const. so that it would endure ->
Bank was "necessary and proper" ---> establishment of implied powers.
"Power to tax involves power to destroy" ---> states clearly not free to destroy
the national govt. ---> establishment of national supremacy.
Sources of national strength.
A.
B.
C.
D.
Elastic clause: Congress can pass laws “necessary and proper” to carry out expressed
powers.
War powers.
Commerce clause: virtually anything is interstate or foreign commerce  Congress can
regulate virtually anything.
Power to tax and spend for the “common defense and the general welfare.”
1.
E.
F.
While Congress cannot technically legislate on everything, it can spend funds on
virtually everything.
2.
States don't have to accept federal money, but if they do, they must follow federal
guidelines (e.g., fed. highway funds can be denied if a state’s alcohol purchasing
age is less than 21, fed. education funds can be denied if states do not comply
w/No Child Left Behind Act) -- Federal "strings" attached to funding are ways in
which the federal govt. can get its way on things.
Preemption of state laws by fed. courts if laws in conflict w/Const. or fed. laws.
Imposition of federal mandates (some unfunded) on states
12
V.
Recent developments.
A.
B.
C.
Evolution towards greater federal control throughout most of 20th century.
The "New Federalism of 1980s and 1990s:" returning some power back to states.
Republican victory in cong. elections of 1994 ---> Contract with America and devolution of
power back to states:
1.
2.
3.
4.
Unfunded Mandates Reform Act of 1995 restricted future unfunded mandates.
Use of block grants to replace categorical grants.
1996 welfare reform bill that ended welfare as fed. entitlement.
Repeal of 55 m.p.h. speed limit.
D. Supreme Court actions consistent with devolution:
1. Struck down Gun Free School Zones Act in 1995 in US v. Lopez: Congress
overextended itself when it linked gun control laws to the interstate commerce clause
of the Constitution.
2. Struck down part of the Violence Against Women Act in US v. Morrison (2000), saying
that rape victims could not sue their attackers in federal court because it was up to the
states – not Congress – to give such help to women victimized by violence. Again, the
Court said that the Congress overextended itself with the use of the interstate
commerce clause in passing the Act.
3. Struck down Religious Freedom Restoration Act in 1993: This act had restricted the
power of the states to regulate religion -> this ruling gave states greater authority to
regulate religion.
4. Struck down Brady Act in 1997 that required local law enforcement agencies to do
background checks on gun buyers.
5. Upheld an Indiana law that required photo ID for voting (Crawford v. Marion County
Election Board and Indiana Democratic Party v. Rokita, 2008)
13
FEDERALISM AND FEDERAL GRANTS, 77-80
I.
As national govt. has grown more powerful, it has used state and local govts. to administer
programs that are federally funded ---> development of federal grants to state and local govts.
Dollar amounts of these have consistently risen in last several decades, though there has
been variation in grants as a percentage of federal expenditures.
II.
Purposes of fed. grants.
A.
Reduces growth of fed. bureaucracy -- fed. govt. simply provides money to states and
has states run the programs (under fed. guidelines, of course).
B.
Supplies state and local govts. w/needed revenue.
C.
Establishes minimum fed. standards in important areas (air quality, water quality)
D.
Equalizes resources among rich and poor states.
III
Types.
A.
Categorical.
1.
For specific programs (e.g., roads, airports, housing, bilingual education).
2.
National govt. agrees to pay a portion of the costs for these, and states pick up
the balance ---> these sometimes called "formula grants" because grants are
offered under a payment formula (e.g., 80%-20%).
3.
States don't have to accept these, but if they do they must comply w/fed. standards.
IV.
B.
Project.
1.
States apply for grants for specific projects.
2.
"Grantsmanship:" state competition for grants has led to development of the fine art
of “grant writing”
C.
Block.
1.
Granted to support a collection of general programs (e.g., transportation, education)
---> more state leeway in spending of the money.
2.
Associate these w/104th and 105th Republican Congress and devolution of power
back to states.
D.
Analyze these types of grants from centralist and decentralist positions.
Politics of federal grants.
A.
Democrats have generally favored greater funding, but with more “strings” associated with
categorical grants.
B.
Republicans have generally favored less funding, but with fewer “strings” associated with
block grants. Welfare is an example of this:
1.
End to entitlement status of AFDC and federal guarantee of welfare checks with
passage in 1996 of Personal Responsibility and Work Opportunity Reconciliation
Act (Welfare Reform Act of 1996)
2.
Welfare block grants therefore replaced the welfare categorical grants.
3.
However, even as a block grant, the Welfare Reform act involved federal “strings:”
a.
No fed. funds go to recipients who have not worked within 2 yrs.
b.
No fed. funds go to recipients who have received fed. money > 5 yrs.
c.
States must spend at least 75% of what they had previously spent on
welfare – this to avoid the “race to the bottom.”
C.
An exception to the “fewer strings” approach by the Republican Party is its support of the No
Child Left Behind Act of 2002: In order to receive federal funds for education, states must:
1.
2.
3.
4.
5.
Adopt subject matter standards
Test all students in grades 3-8 on those standards
Identify low-performing schools based upon that testing
Require low-performing schools to develop improvement plans
Allow parents of students in such schools that do not improve to transfer to other
public schools
14
FEDERAL MANDATES, 77-80
I.
Mandate: a federal order imposed upon states. Examples:
A.
B.
C.
Americans with Disabilities Act.
Various environmental acts, e.g., Clean Air Act, Clean Water Act
Individuals with Disabilities Education Act
II.
Purposes: to meet a goal of the federal government
III.
Impact upon the states: Financial burdens, esp. with unfunded mandates, e.g., ADA has imposed
large costs upon states as they make “reasonable accommodations” for the disabled.
IV.
Republican response to mandates:
A.
Unfunded Mandates Reform Act of 1995 (part of Contract w/America) restricted future
unfunded mandates
1.
2.
B.
Required CBO to analyze impact of unfunded mandates on states.
Requires separate congressional vote on bills that impose unfunded mandates.
This is another example of the Devolution Revolution associated with the 104th Congress.
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POLITICS OF AMERICAN FEDERALISM, 80-85
I.
Nonconstitutional reasons for triumph of nationalist approach.
A.
B.
C.
D.
II.
Growth of U.S. in size and population ---> large problems only national govt. could
handle.
Problems tend to be more national (and even international) in scope, e.g., pollution,
crime, global economy.
Improved communication and transportation -- Washington D.C. not so far away.
Historical developments (New Deal, WWII, Great Society) created huge bureaucracies
and constituencies to support a strong fed. govt. Once federal programs are started, they
are difficult to end because of the political support that has developed for them.
Backlash against big government.
A.
B.
C.
D.
E.
General consensus in late-70s that power of govt. had gone too far.
4 of last 6 Presidents have been "outsiders" (Carter, Reagan, Clinton, Bush 43).
Questionable effectiveness of some fed. programs, e.g., Great Society programs
Tax revolt (Prop 13, Mondale's "pledge" to raise taxes, Reagan tax cuts, Bush 41’s "read
my lips," tax cuts even under Clinton, Bush 43 tax cuts).
Reduction of Great Society-style fed. aid to cities, and restoration of principle that
states should take on more responsibilities:
1.
2.
3.
4.
5.
III.
Increased use of block grants.
Reduction of fed. regulations, e.g. granting of waivers to states that want to
experiment with welfare reform.
1996 welfare reform bill that ended welfare as federal entitlement.
Restrictions on future unfunded mandates as part of Contract with America.
Reduction of budget deficits and creation of balanced budgets in late 1990s
Effects of New Federalism and Devolution Revolution: a mixed bag.
A.
Clinton declared in 1996 that “The era of big government is over.” Supporting evidence of
this:
1.
2.
3.
4.
5.
B.
However, even Republican Congresses increased national power:
1.
2.
3.
4.
5.
6.
7.
C.
Welfare reform bill,
Repeal of 55 m.p.h. limit
Restrictions on future unfunded mandates
More block grants/less categorical grants.
Tax cuts under both Clinton and Bush 43
9-11 and an increase in big government to deal with terrorism.
Wars in Afghanistan and Iraq led to huge military spending increases.
Massive budget deficits (>$500 billion) under Bush 43 (even more massive budget
deficits under Obama: $1.8 trillion in 2009 alone.)
USA Patriot Act of 2002 gave strong powers to national government to deal
w/terrorism
NCLB Act imposed significant burdens upon states.
Addition of prescription drug benefit for Medicare, a program that was/is already
under tremendous financial pressure.
Huge growth in congressional “earmarks:” pet projects that members of Congress
set aside for their districts/states.
Great Recession of 2008-2009 led to massive federal spending bills to stimulate the
economy and bail out failing corporations. The 2009 deficit alone was ~ $1.8 trillion, which
was more than the entire national debt was in 1980. Given this kind of spending, and given
the renewed regulatory role of the federal government in the economy, it is difficult to say
that “the era of big government is over.”
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