1. Federalism
Sharing Power

2. Key Terms Expressed powers Implied powers Inherent powers
Reserved powers
Concurrent powers
Full faith and credit clause

3. Why Federalism? No way unitary Balance States’ Rights
Powerful national government
Republican government

4. National Powers
Expressed
Implied
Inherent

5. State Powers
Reserved
10th Amendment (Reserved Powers Clause)

6. Shared Powers Concurrent Powers Supremacy Clause- Article VI
The Constitution and national laws and treaties are the supreme law of the land

7. Limits of Power National government cannot: State government cannot
Tax exports between states
Spend money unless authorized by Congress
Exercise powers reserved to the states
Interfere with basic liberties
State government cannot
Coin money
Enter into treaties
Neither can
Deny a citizen the right to a trial by jury (habeas corpus)
Pass ex post facto laws

8. Nation and State Relations
States must have republican state government
Nation must protect states from invasion and domestic uprising
Grant states equal representation in Senate
Levy taxes equally across states
Prohibited from splitting up states or changing state boundaries
Full Faith and Credit Clause
Privileges and immunity clause prevents most circumstances in which a person from one state may be discriminated against by another state
Local governments not mentioned- they are created and organized by the state government

9. Role of the Supreme Court
Article III- SCOTUS acts as referee by hearing cases involving:
The Constitution
U.S. laws
Disputes between the states

11. Dual Federalism
State and national governments were equal authorities operating within their own spheres of influence ( )
McCulloch v. Maryland (1819) SCOTUS ruled that the Constitution’s necessary and proper clause gave the national government the power to take actions necessary and proper to carrying out its expressed powers
Doctrine of Nullification- Civil War era- states can nullify national laws that conflicted with state interests
Doctrine of Succession- states had the right to separate themselves from the Union

12. Expanding National Power
Social and economic issues that accompanied immigrants and technology of the 20th century
Trust Busting
New Deal
Cooperative Federalism- states working with federal policymakers to address problems
Creative Federalism- 1960s- national government released grants to state and local communities to achieve national goals

13. New Federalism
1980s- Ronald Reagan- return authority to state governments
1990s- Republican Party promised to scale down federal spending and return power to states- Devolution

14. Fiscal Federalism
System of spending, taxing, and providing aid in the federal system
Grants-in-aid: money and other resources that the national government provides to pay for state and local activities, ranging from low-income housing to disaster preparedness programs

15. Grants and Mandates
Categorical grants- federal grants that can only be used for a specific purpose, or category, of state and local spending, to give aid to states
New Airport
Disaster Relief
Block Grants- federal grants that are given for more general purposes than a categorical grant or for broad policy areas, such as welfare or education
Federal Mandates- demands to carry out certain policies as a condition of receiving grant money
14th Amendment
Clean Air Act of 1970

16. Issues in Federalism Today
Welfare systems- states have had control through block grants since 1996
Department of Homeland Security- how can different levels of government best work together?
Protecting the environment
Immigration
Health Care
Marijuana