The Constitution and Separation of Powers

• Separation of Powers: The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another

• Checks and Balances: The ability of each branch of government to exercise checks, or controls, over the other branches

Branches of Government

The Constitution and Policymaking

Policy Making Powers

• Necessary and Proper Clause
• Commerce Clause

Policy Making Powers

Amendment 14: Guiding Principle for Policy Making

• Equal Protection Clause
• Due Process Clause
• Privileges and Immunities Clause
• Citizenship Clause

Policy Making Powers

Amendment 10: Reserved Powers

• Structure of the Federal System
• States’ Rights
• Police Powers
• Concurrent Powers
• Supremacy Clause

Policy Restraint

The system is slow to change because of the institutional structure.

• Federalism
• Separation of Powers
• Checks and Balances
• Bicameralism
• Judicial Review
• Amendment Process

Incrementalism

• Policy is made in small steps—incrementally.

  • this is the norm for non-controversial issues and non-crisis situations

• Adjustments at the margins of existing policies

  • Minor changes to existing policies
  • Extending existing policies to new groups
  • Modifying existing policies to new circumstances

Federalism

• Federalism: The division of power between a central government and regional governments
  • The distribution of power and authority on a geographical basis.

Federalism

• A system of checks and balances between the national and state governments
• The founders believed that federalism would protect liberty
• Factions: groups of citizens who have a common interest in some proposal that would either violate the rights of other citizens or would harm the nation as a whole

To the founders, federalism

• prevents any one faction from dominating the government
• allows states to experiment with different policies
• keeps government closer to the people
• increases political participation
• produces more effective government
• provides more access points to government
• increases policy innovation

Eras of Federalism (from the Literature)

• Dual Federalism (1789-1932)
• Cooperative Federalism (1933-1960s)
• Creative Federalism (1960s-1990s)
• New Federalism (1990s-2010s)
• Fragmented Federalism (2010s-present)

Dual Federalism

• Layer Cake Federalism
• Clear division of authority
• National government is supreme in its sphere
• Little overlap between the two spheres
• National government is limited to enumerated powers
• Overall: State-centered federalism

Cooperative Federalism

• Marble Cake Federalism
• National and state governments share powers
• Federal powers expand to deal with aftermath of the Great Depression
• Cooperation between national and state governments
• Overall: National-centered federalism

Creative Federalism

• Picket Fence Federalism
• Great Society programs
• National government sets policy goals
• States implement policy
• Creative use of grants-in-aid
• Overall: National-centered federalism

New Federalism

• Pineapple Upside-Down Cake Federalism
• Competitive Federalism
• Devolution Revolution
• National government returns power to the states
• Block grants
• Overall: State-centered federalism

Fragmented Federalism

• Cupcake Federalism
• Federalism is a mess
• Federal government is pursuing state-specific policies
• States are pursuing policies with little federal direction
• Federalism is fractured: dimensions of all previous models
• Overall: ???-centered federalism