1. Federalism Bell Ringer: Gibbons v Ogden handout Homework:
Objectives:
Identify ways Constitution determines the powers of state & national governments
Understand the relationship of implied powers to enumerated powers.
Compare the contrasting forms of dual & cooperative federalism.
Bell Ringer:
Gibbons v Ogden handout
Homework:
Chapter 3 Overview due next class
Reading Quiz
Unit 1 Test Friday (A) and Monday (B)

2. Federalism
Objectives:
Identify ways Constitution determines the powers of state & national governments
Understand the relationship of implied powers to enumerated powers.
Compare the contrasting forms of dual & cooperative federalism.
Bell Ringer:
Imagine that you are a state official in charge of creating a program designed to reduce high school dropout rates. Also assume that you want to have as much freedom in the process as possible. In order to finance your program, however, you require the assistance through federal grants. Using your knowledge of the different types of grants available from the federal government (categorical, block, etc.), which type would you prefer to receive for your program, and why?
Homework:
Unit 1 test next class
Supreme Court cases – McCulloch and Gibbons packet
Unit 1 essay due Thursday (A) and Friday (B)

3. What is Federalism
A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).
A system where national and state governments
each have defined powers, with some being
shared by both and some being denied to both.

4. Defining Federalism Examples Unitary: Britain, Israel
Confederate: Canada, European Union
Federal: United States, Germany, Mexico

5. Why Is Federalism So Important?
Decentralizes our politics
More opportunities to participate
Decentralizes our policies
Federal and state governments handle different problems.
States regulate drinking ages, marriage, and speed limits.
States can solve the same problem in different ways and tend to be policy innovators.

6. (National Supremacy Clause)
Federalism & the Constitution
The U.S. Constitution
is the supreme law
of the land
(National Supremacy Clause)
The Federal Government has expressed powers specifically granted in the Constitution (tax, regulate commerce, declare war, etc.)
The Federal Government has implied powers from the necessary & proper clause or “elastic clause” (ex: create a national bank)
The 10th Amendment reserves powers to the states (ex: education, law enforcement, etc.)

7. The Constitutional Basis of Federalism
The Division of Power
Supremacy Clause: Article VI of the Constitution states the following are supreme:
The U.S. Constitution
Laws of Congress
Treaties
Yet, national government cannot usurp state powers.
Tenth Amendment

8. The Constitutional Basis of Federalism
Establishing National Supremacy
Implied and enumerated powers
McCulloch v. Maryland (1819)
Commerce Powers
Gibbons v. Ogden (1824)
The Civil War ( )
The Struggle for Racial Equality
Brown v. Board of Education (1954)

9. Powers Reserved to the States
The 10th Amendment declares that States are governments of reserved powers.
The reserved powers are those powers that the Constitution does not grant to the National Government and does not, at the same time, deny to the States.

10. The Constitutional Basis of Federalism
States’ Obligations to Each Other
Full Faith and Credit: Each state must recognize official documents and judgments rendered by other states. (Article IV, Section I)
Privileges and Immunities: Citizens of each state have privileges of citizens of other states. (Article IV, Section 2)
Extradition: States must return a person charged with a crime in another state to that state for punishment.

11. The Exclusive and Concurrent Powers
Powers that both the National Government and the States possess and exercise.
Some of the concurrent powers include the power to levy and collect taxes, to define crimes and set punishments for them, and to claim private property for public use.
Exclusive or enumerated Powers
Powers that can be exercised by the National Government alone are known as the exclusive powers.
Examples of the exclusive powers are the National Government’s power to coin money, to make treaties with foreign states, and to lay duties (taxes) on imports.

12. Government Powers Regulate interstate and foreign trade Collect taxes
Federal Government
(expressed powers)
Shared Powers
(concurrent powers)
State Government (reserved powers)
Regulate interstate and foreign trade
Collect taxes
Regulate trade within the state
Coin and print money
Borrow money
Establish local governments
Establish post offices and construct post roads
Establish courts
Conduct elections
Raise and support armed forces
Charter banks
Determine qualifications of voters
Declare war and make peace
Make and enforce laws
Establish and support public schools
Govern U.S. territories & admit new states
Provide for the health & welfare of the people
Pass laws regulating business w/in state borders
Pass laws regulating immigration
Make civil and criminal laws
Make all laws “necessary and proper” to carry out its powers
Pass license requirements for professionals

13. Conflicts between the state and national governments arise in concurrently held powers

14. Denied Powers Suspend habeas corpus, except in rebellion or invasion
National Government
State Government
Denied to both
Suspend habeas corpus, except in rebellion or invasion
Enter into treaties, alliances, or confederations
Pass ex post facto laws
Lay tax or duty on items exported from any state
Coin money
Pass Bills of Attainder
Violate provisions of the Bill of Rights
Declare war
Grant titles of nobility
Enter into agreements with other states or foreign powers

15. History of Federalism Dual Federalism “Layer cake” federalism
Each level of government has clear and distinct roles to carry out.
It’s the same cake, but each layer’s different.

16. Cooperative Federalism
History of Federalism
Cooperative Federalism
Since the1930s
“Marble cake” federalism
Each level of government has roles to carry out, but...
Shared costs and administration
Lots of overlap between roles to be carried out.
The flavors in the cake are all mixed up!

17. Intergovernmental Relations Today
Fiscal Federalism
The Grant System: Distributing the Federal Pie
Categorical Grants: federal grants that can be used for specific purposes; grants with strings attached
Project Grants: based on merit
Formula Grants: amount varies based on formulas
Block Grants: federal grants given more or less automatically to support broad programs
Grants are given to states and local governments.

18. Intergovernmental Relations Today
Fiscal Federalism (continued)
The Scramble for Federal Dollars
$460 billion in grants every year
Grant distribution follows universalism—a little something for everybody.
The Mandate Blues
Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.
Unfunded mandates: have to comply but no money given to make it happen

19. Understanding Federalism
Disadvantages for Democracy
States have different levels of service
Local interest can counteract national interests
Too many levels of government and too much money
Advantages for Democracy
Increases access to government
Local problems can be solved locally
Hard for political parties or interest groups to dominate all politics

20. Understanding Federalism

21. Understanding Federalism

22. Understanding Federalism
Federalism and the Scope of Government
What should the scope of national government be relative to the states?
National power increased with industrialization, expansion of individual rights, and social services.
Most problems require resources afforded to the national, not state governments.

23. Understanding Federalism

24. Summary
American federalism is a governmental system in which power is shared between a central government and the 50 state governments.
The United States has moved from dual to cooperative federalism; fiscal federalism.
Federalism leads to both advantages and disadvantages to democracy.