1. FEDERALISM Unitary vs. Confederate vs. Federal A federal government: each level has a dominant domain each has political-legal guarantees of autonomy Do we have a federal government? what about local governments? political realities: 51 vs. 80K+

2. Historical and Constitutional Evolution Constitution=effort at centralization national executive interstate commerce control power to tax national supremacy “necessary and proper” and McCullogh v. Maryland Preservation of States 10 th Amendment inviolate borders Senate ratification of Constitutional amendments running elections issues of “homely concern”: criminal law, public health,…

3. The concept of “dual federalism” Dred Scott (1857) anti-reform legislation in the 20 th century Hammer v. Dagenhart (1918) The concept of “cooperative federalism” U.S. v. Darby (1941) Layer cakes vs. marble cakes The concepts of “new federalism” Nixon vs. Reagan and beyond

4. Factors encouraging the growth of national government 1. Growth of a national economy: national problems, interdependence, mobility 2. The employment of legal devices: 14 th Amendment and Interstate Commerce Clause 3. Growth of pressure for due process and equal protection: Brown v. Bd. of Education, Miranda, etc. 4. The fiscal capacity of the national government: carrots and sticks 5. Federal funding: categorical grants, block grants, revenue sharing

5. Recent Issues 1. Growth of entitlements and competition for funds 2. Tax cuts 3. EPA and California air quality controls 4. Unfunded mandates 5. Is the new health plan constitutional? 6. Federalism and political realities: What you believe depends on where you sit!