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4 - Interpretations and debates around the US Constitution and federalism …
4 - Interpretations and debates around the US Constitution and federalism
The debates around the extent to which the USA remains federal today
Phases of federalism
From the
1780s to the 1920s
, the individual state governments exercised most political power.
Following the devastating effects of the
Wall Street Crash
and the
Great Depression
, the period from the
1930s to the 1960s
saw a significant increase in the power and scope of the federal government.
During this period, the federal government made increasing use of
categorical grants
- schemes by which it was able to
stipulate how federal tax dollars were used
by the states.
During the
final three decades of the 20th century
, however, there was a discernible movement towards
decentralisation
which President Nixon called
new federalism
.
New federalism
- An approach to federalism characterised by a return of certain powers and responsibilities from the federal government to the states.
This era saw the rise of
block grants
- money given to states by the federal government to be used at their discretion within broad policy areas.
By the mid-1990s
, however, with a new Republican majority in both houses, Washington was once again talking of devolving power back to the states. One might therefore refer to these decades as an era of
zigzag federalism
.
As the
federal deficit increased in the 1980s
, federal programmes were cut. This gave rise to a new term - the
unfunded mandate
.
Unfunded mandate
- A federal law requiring states to perform functions for which the federal government does not supply funding.
The changing federal-state relationship
Industrialisation
- This brought the need for government regulation. The Department of Commerce and Labour was formed in 1903 before being split into separate departments a decade later.
Improvements in communication
- Instant communication led to a growth in the sense of national identity.
Population growth
- The US population was under 4 million in 1790 but grew to 322 by 2016.
The Great Depression
- In 1929, the states looked to the federal government to cure their ills. They lacked the resources to reverse the huge levels of unemployment, launch vast public works schemes or rescue agriculture from the effects of the dust bowl conditions. It was Roosevelt's New Deal that helped get the USA back to work.
Westward expansion
Foreign policy
- With the onset of WW2, the USA stepped out as a world superpower and the federal government - with its exclusive jurisdiction over foreign policy - found its role enhanced significantly.
Supreme Court decisions
- The Court applied a more expansive meaning to the powers allocated to Congress in
Article 1, Section 8
of the Constitution, especially
'necessary and proper clause'
, the
common defense and general welfare clause
, and the
commerce clause
.
Constitutional amendments
Two requirements of the
14th amendment
- the
'due process'
and the
'equal protection'
provisions - have been used by the Court to invalidate state laws requiring
public school segregation
and other forms of
racial discrimination
. Moreover, the Court has used them to outlaw state laws such as certain
restrictions on abortion
and
Florida's attempt to order a recount
in the 2000 presidential election between George W. Bush and Al Gore.
The
16th amendment
allowed the federal government to impose an incoming tax, allowing the federal government the means to launch all the grand programmes that would flourish from
Roosevelt's New Deal
.
Federalism under George W. Bush (2000-2009)
Bush presided over the largest overall increase in inflation-adjusted federal government spending since Lyndon Johnson's
Great Society
programme of the mid-1960s.
Great Society
- Democratic president Lyndon Johnson's programme of economic and social reforms and welfare schemes - announced in May 1964 - to try to solve America's problems of poverty, malnutrition, poor housing and access to medical care.
Total federal government spending grew by 33% during Bush's first term.
Four key policy areas accounted for this expansion of the federal government under Bush - education, Medicare, homeland security along with national defense and finally the economy and jobs following the Wall Street and banking collapse of 2008.
Education
As Texas' governor, Bush focused on education as one of the most important areas of policy and brought the same focus to Washington.
Education had been a cornerstone of Bush's 2000 election campaign with its slogan of
'No child left behind'
.
The
No Child Left Behind Act
, signed into law in 2002, mandated that states test children annually in grades 4 to 8 using a
uniform national test
.
It required that
children in failing schools be moved to successful ones
and provided for a
20% increase in funding for the poorest, inner city schools
It
tripled the amount of federal funding for scientifically based reading programmes
.
Medicare
Medicare
- A federal government scheme, introduced in 1965, to provide America's over-65s with basic health insurance to cover medical and hospital care.
In
December 2003
, Bush signed a major Medicare expansion bill into law which included a new
prescription drug benefit
estimated to cost
$400 billion in the first decade
.
Homeland security and defense
Between
2001-2009
, spending by the
Department of Defense increased by 125%
.
Between
2001-2006
, spending on
homeland security
increased
five-fold
.
This was the direct result of
9/11
and the subsequent
wars in Afghanistan and Iraq
, as well as the
war on terror
.
Economy and jobs
In
September 2008
, Bush authorised
Secretary of the Treasury Henry Pauslon
to take control of two privately owned but government-sponsored mortgage companies - the
Federal National Mortgage Association (Fannie Mae)
and the
Federal Home Loan Mortgage Corporation (Freddie Mac)
.
Together Fannie Mae and Freddie Mac
owned or guaranteed about half of the $12 trillion US mortgage market
.
Bush then sponsored a
*$700 billion 'bail-out' package for Wall Street
to alleviate the effects of the credit crunch. It was passed through Congress by mostly Democrat votes.
Federalism under Barack Obama (2009-2017)
Obama focused on
domestic policy
as a way of delivering his
'change' agenda
as announced during his 2008 campaign.
By
2012
the ratio of state and local government employees to federal employees was the highest since before President Roosevelt's New Deal in the 1930s.
Federal government assistance
to the states increased from
3.7% of GDP in 2008
to
4.6% in 2009
.
Money from the federal government which accounted for
25% of state government spending in 2008
, accounted for
30% of such spending in 2009
.
Whereas Bush's economic stimulus package sent just
$20 billion to the states in 2003
, Obama's package sent
$246 billion to or through state governments
.
This significant increase in federal funding going to the states came partly as a result of programmes such as:
The re-authorisation of the
State Children's Health Insurance (S-CHIP)
programme in
2009
.
The expansion of
Medicaid
(a health insurance program for the poor).
Over
$4 billion
invested in the
Race to the Top programme to boost education
in the states, as well as programmes like the
Pell Grants for university education
.
The passage of Obama's
healthcare reform legislation in 2010
was viewed by many Republicans as the 'end of federalism' and some in the
Tea Party movement
accused Obama of being more of a socialist than a federalist.
Tea Party movement
- A conservative grassroots movement organisation formed to oppose the legislation passed by Congress in 2008-09 in the aftermath of the banking and financial collapse of 2008. It supported reducing government scope and spending, as well as the lowering of tax levels.
States had to participate in an expansion of Medicaid or lose all their federal funding for Medicaid, the federal government's largest grant programme.
In
National Federation of Independent Business v Sebelius (2012)
, the Supreme Court struck down the Medicaid provision in the law, agreeing with the argument that it amounted to
coercion rather than persuasion
.
Exit poll data
in the
2016
presidential election showed that
69% of voters were either dissatisfied or angry with the federal government
.
Extent of democracy within the US Constitution
The strengths and weaknesses of the US Constitution
Strengths
The demanding amendment process has usually prevented frequent and ill-conceived proposals for amendment.
Rights and liberties of Americans have been protected.
The text has proved very adaptable to changes in American society.
The Supreme Court's power of judicial review has made it even more adaptable through 'interpretative amendment'.
Federalism has proven to be an excellent compromise between strong national government and state government diversity.
Weaknesses
It's too negative, giving too much power to those who oppose change.
Some parts make little sense in today's society (e.g. the Electoral College).
The power of judicial review gives the Supreme Court too much power to 'amend' its meaning.
Some parts don't work as the framers of the Constitution would have envisaged (e.g. war-making powers).
The amendment process is too difficult, making it almost impossible to amend parts no longer applicable or to add parts that a majority desires.
The impact of the US Constitution on the US government today