1. Review: Federalism

2. Vocab Study Cards Amendment Process Antifederalists
Articles of Confederation
Bill of Attainder
Bill of Rights
Block Grant
Categorical Grant
Checks and Balances
Coalition
Concurrent Powers
Conditions of Aid
Constitutional Convention
Dual Federalism
Enumerated Powers
Establishment Clause
Ex post facto law
Express Preemption
Faction
Federalism
Federalists
Grant-in-Aid
Great (or Connecticut) Compromise
Habeas Corpus
Line Item Veto
Necessary and Proper Clause
New Jersey Plan
Nullification
Police Power
Ratification
Republic
Reserved Powers
Separation of Powers
Shay’s Rebellion
Supremacy Clause
Three-Fifths Compromise
Unalienable (or Inalienable)
Virginia Plan
Waiver

3. Systems of Government
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4. Systems of Government

5. Systems of Government

6. Federalism
The Framers believed that government power must be divided and limited so that it cannot threaten individual liberty
The Constitution divides power between the federal government and the states through Federalism
Federalism creates two basic levels of government that overlap
Each level has some powers denied to the other level

7. Federalism
Expressed powers, also called delegated or enumerated powers are listed in the Constitution and are exercised only by the federal government
Reserved powers are exercised only by the States
Concurrent powers are shared by the States and the federal government

8. Delegated/Expressed Powers
The Congressional powers specified in the Constitution in Article I include the power to:
Coin money
Regulate interstate and international trade
Maintain armed forces
Declare war
Tax
Other expressed powers are granted to the President in Article II and the Supreme Court in Article III

9. Implied Powers
The Necessary and Proper Clause (Article I, Section 8) is sometimes referred to as the Elastic Clause
Provides Congress the power to make all laws “necessary and proper” for carrying out its expressed powers, so it is said to stretch to cover many situations
Congress exercises many Implied Powers that are based upon its expressed powers
These include building the interstate highway system and banning racial discrimination in public places
Checkpoint Answer: The clause can be “stretched” to provide a wide range of implied powers, as long as those powers can be seen as necessary to carry out the expressed powers granted by the Constitution.

10. Inherent Powers
Recognized by all sovereign nations, every national government has certain inherent powers which are not always specifically defined in a Constitution
Inherent powers include acquiring territory, defending the nation, regulating immigration, and conducting diplomacy
NOTE TO TEACHERS: In this image, President George W. Bush meets with Chancellor Angela Merkel of Germany at the 2007 G8 Summit.

11. Reserved Powers
The 10th Amendment reserves to the States all powers not given to the federal government
These powers include the police power, which lets a State protect and promote public health, morals, safety, and general welfare
State and local governments use the huge scope of the reserved powers to perform many of their daily actions

12. Concurrent Powers
Powers shared by the federal government and state governments and include all powers not exclusive to the national government or denied to the States

13. Denied Powers The Constitution denies certain powers to the federal and state governments
Denied to the Federal Government
Denied to the State Governments
Suspend habeas corpus (unlawful imprisonment), except in times of crisis
Enter treaties with or declare war on foreign countries
Pass ex post facto (retroactive) laws or issuance of bills of attainder (declaring someone guilty of a capital offense without trial)
Imposing export taxes on states
Imposing import or export taxes
Using money from the treasury without passage and approval of an appropriations bill
Printing money
Creating a national school system
Maintaining a standing army
Granting titles of nobility

14. Activity Using your textbook, the review deck and the Internet, create a double-bubble map listing national, state and concurrent powers

15. Federalism

17. Supremacy Clause
The Constitution is the supreme law of the land, standing above all treaties, federal laws and State laws
Article VI of the Constitution mandates that actions by the national government are supreme; this is known as the Supremacy Clause
Any conflict between a legitimate action of the national government and a state will be resolved in favor of the national government
The Supreme Court settles conflicts between State and federal laws
The Court can rule a State or federal law to be unconstitutional

18. Full Faith and Credit Clause
Article IV of the Constitution, known as the Full Faith and Credit Clause, attempts to resolve potential problems between states by stipulating the following:
States must honor actions of other states
Privileges and immunities
Interstate extradition
Interstate compacts

20. Dual Federalism
Post Civil War doctrine emphasized dividing the state and national spheres of power into entirely separate jurisdictions
The national government was supreme in its sphere, the states were equally supreme in theirs (e.g., Interstate vs. Intrastate)
Think of a layer cake, with the national government serving as the top layer and state governments as the bottom; each layer is separate and distinct
Supreme Court’s attempt to regain its powers after the Civil War; generally defending states’ rights and limiting the national government’s power

21. The New Deal and Cooperative Federalism
Cooperative federalism emphasized an expanded role for the national government, in cooperation with state governments
The Great Depression demanded action, but President Hoover believed in dual federalism and saw unemployment and poverty as state issues
FDR’s administration enacted large-scale emergency programs, greatly expanding national authority
Initial resistance from the Supreme Court eventually gave way to support of expanding the national government’s role under the commerce clause

22. The New Deal and Cooperative Federalism
Roosevelt’s programs typically were funded by the federal government, but administered by states and local governments
The image of cooperative federalism is a marble cake, with the two “ layers” of authority intermingled
TANF program (Temporary Assistance to Needy Families) in which the national government provides a majority of funding, but state governments structure, staff and administer it

24. Share of Nonmilitary Spending by the Federal, State, and Local Governments before and after the Passage of New Deal Legislation
SOURCE: Advisory Commission on Intergovernmental Relations, Significant Features
of Fiscal Federalism (Washington, D.C.: Government Printing Office, 1979), 7.

26. Where the Money Goes

27. The Changing Purpose of Federal Grants to State and Local Governments
Note: Totals may not add up to 100% because of rounding
Source: Budget of the U.S. Government, Fiscal Year 2007

28. Implementing Cooperative Federalism
Categorical Grants are federal funds for specific purposes
The five largest categorical grants involve Medicaid, highway construction, unemployment benefits, housing assistance and welfare programs
Block Grants are given to the states for a general purpose and with fewer restrictions (e.g., urban renewal, law enforcement, etc.)
The NCLB (No Child Left Behind) Act restricts education funding to those schools meeting federal achievement benchmarks, an area traditionally left under state control.

29. Implementing Cooperative Federalism
Federal Mandates
Conditions of Aid are terms the state must meet to receive federal funds (e.g., matching funds, etc.)
Mandates are terms that states must meet whether or not they accept funds (e.g., civil rights, etc.)
Waiver is permission by a federal agency to violate a condition or mandate
The NCLB (No Child Left Behind) Act restricts education funding to those schools meeting federal achievement benchmarks, an area traditionally left under state control

30. Federal Grants to State and Local Governments
Source: Budget of the U.S. Government, Fiscal Year 2009

31. The Politics of Federalism
In recent decades States’ Rights have been associated with conservatism and Federal Authority has been associated with liberalism
The expansion of national authority has been associated with social change, usually a liberal purview
The Washington has been more willing than state governments to initiate change (e.g., civil rights, etc.)

32. Federalism Becomes a Republican Issue
“Devolution Revolution”
Beginning with President Richard Nixon, the Republican Party championed devolution or the transfer of powers from the national government to the states
Nixon’s New Federalism sent direct, unconditional financial support to state and local governments
But was eliminated under Reagan
Most Americans favor devolution, unless it cuts a government program that benefit them
Liberals may have pragmatic reasons to support devolution, such as in gay rights

33. Federalism Pros and Cons
Advantages
Disadvantages
Mass Participation: People of all ages and backgrounds can participate by voting on national and local issues
Lack of Consistency: Differing policies on important issues across the states
Regional Autonomy: States retain their sovereignty and have choices on public policy
Inefficiency: Contradictory and overlapping policies
Access to Government: Politicians are in touch with their constituent’s concerns
Bureaucracy: Too many officials and it can result in corruption or stalemate
Innovation: States can be the “laboratories of democracy” testing new policies
Expense: Funding through taxes of duplication of offices and responsibilities