Explain the causes behind the devolution movement of the latter decades of the twentieth century, and describe the recent developments that have brought about an end to the devolution trend

Overview: Chapter 3

Federalism: Forging a Nation 

Chapter Goals
The chapter addresses the following goals:

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  • Define federalism and describe the bargaining process at the Philadelphia convention resulting in its inception.
  • Specify the differences among enumerated, implied, and reserved powers. Explain the purpose underlying this distribution of power.
  • Distinguish among the “necessary and proper,” supremacy, and commerce clauses, explaining how their constitutional interpretations have affected the division of powers in American government.
  • Outline the different stages in the Supreme Court’s interpretation of federalism, referring to its major decisions and their significance.
  • Describe the causes behind the rise in nationalism, such as the nature of interdependency and the cooperative federalism that has resulted.
  • Outline the aspects of fiscal federalism, including the types of grants-in-aid and the influence they can bear on behalf of the federal government.
  • Explain the causes behind the devolution movement of the latter decades of the twentieth century, and describe the recent developments that have brought about an end to the devolution trend.

Focus and Main Points
The author focuses on the issue of federalism: its creation through the Constitution, its evolution during the nation’s history, and its current status.

The main points presented in the chapter are these:

  • The power of government must be equal to its responsibilities. The Constitution was needed because the nation’s preceding system (under the Articles of Confederation) was too weak to accomplish its expected goals, particularly those of a strong defense and an integrated economy.
  • Federalism—the Constitution’s division of governing authority between two levels, nation and states—was the result of political bargaining. Federalism was not a theoretical principle, but rather a compromise made necessary in 1787 by the prior existence of the states.
  • Federalism is not a fixed principle for allocating power between the national and state governments, but rather a principle that has changed over time in response to political needs and partisan ideology. Federalism has passed through several distinct stages in the course of the nation’s history.
  • Contemporary federalism tilts toward national authority, reflecting the increased interdependence of American society.

Chapter Outline
I.   Federalism: National and State Sovereignty

  1. The Argument for Federalism
      1.  Protecting Liberty
      2.  Moderating the Power of Government
      3. The Powers of the Nation and States
        1. Enumerated Powers and the Supremacy Clause
        2. Implied Powers: The Necessary and Proper Clause
        3. Reserved Powers: The States’ Authority
        4. Federalism in Historical Perspective
        5. An Indestructible Union (1789-1865)
          1. The Nationalist View: McCulloch v. Maryland
          2. The States’ Rights View: The Dred Scott Decision
          3. Dual Federalism and Laissez-Faire Capitalism (1865-1937)
            1. The Fourteenth Amendment and State Discretion
            2. Judicial Protection of Business
            3. National Authority Prevails

III.   Contemporary Federalism (Since 1937)

  1. Interdependency and Intergovernmental Relations
    B.   Government Revenues and Intergovernmental Relations
      1.  Fiscal Federalism
      2.  Categorical and Block Grants
      3. Devolution
        1. The Republican Revolution
        2. The Supreme Court’s Contribution to Devolution
        3. Nationalization, the More Powerful Force
        4. The Public’s Influence: Setting the Boundaries of Federal-State Power

Chapter Summary
A foremost characteristic of the American political system is its division of authority between a national government and state governments. The first U.S. government, established by the Articles of Confederation, was essentially a union of the states.

In establishing the basis for a stronger national government, the U.S. Constitution also made provision for safeguarding state interests. The result was the creation of a federal system in which sovereignty was vested in both national and state governments. The Constitution enumerates the general powers of the national government and grants it implied powers through the “necessary and proper” clause. Other powers are reserved to the states by the Tenth Amendment.

From 1789 to 1865, the nation’s survival was at issue. The states found it convenient at times to argue that their sovereignty took precedence over national authority. In the end, it took the Civil War to cement the idea that the United States was a union of people, not of states. From 1865 to 1937, federalism reflected the doctrine that certain policy areas were the exclusive responsibility of the national government, whereas responsibility in other policy areas belonged exclusively to the states. This constitutional position validated the laissez-faire doctrine that big business was largely beyond governmental control. It also allowed the states to discriminate against African Americans in their public policies.

Federalism in a form recognizable today began to emerge in the 1930s. In the areas of commerce, taxation, spending, civil rights, and civil liberties, among others, the federal government now plays an important role, one that is the inevitable consequence of the increasing complexity of American society and the interdependence of its people. National, state, and local officials now work closely together to solve the nation’s problems, a situation known as cooperative federalism. Grants-in-aid from Washington to the states and localities have been the chief instrument of national influence. States and localities have received billions in federal assistance; in accepting federal money, they also have accepted both federal restrictions on its use and the national policy priorities that underlie the granting of the money.

Throughout the nation’s history, the public through its demands on government has influenced the boundaries between federal and state power. The devolutionary trend of the 1990s, for example, was sparked by Americans’ sense that a rollback in federal power was desirable, whereas the subsequent expansion of federal power has been a response to Americans’ concerns about terrorism and economic recovery.