Hook: Roe v. Wade and Alex Wagner Clip http://www. msnbc

I. What is Federalism A. A way of organizing a nation so that two or more levels of government share authority 1. A rare, but not unique form of government 2. Unitary governments are more common

Discussion Why did the Framers create a federalist system? What are the advantages and disadvantages of federalism?

Encourages diversity in local government Advantages of Federalism Disadvantages Encourages diversity in local government Avoids concentration of political power Accommodated already exiting state governments States serve as training grounds for national leaders Keeps government close to the people The Constitution is not always clear about distribution of powers. Multiple levels of government make governing more complex. Duplication of offices and functions Conflicts of authority

II. Division of Powers The Supremacy Clause says that laws of the national government will remain law of the land. However, the Constitution does not specifically state what the limits of the federal government are. The 10th Amendment provides part of the answer. The Supreme court has not been consistent on the issue.

III. Establishing National Supremacy McCulloch v. Maryland (implied powers) Gibbons V. Ogden (Commerce Power) The Civil War The New Deal Civil Rights State Powers Federal Powers

IV. Full Faith and Credit States must give “full faith and credit to public records, and civil judicial proceedings of every other state”

V. Eras of Federalism A. Dual Federalism (Layer Cake) -Both the national government and the states remain supreme in their own spheres. (Pre-New Deal) Federalist 45 “The powers delegated by the proposed constitution to the Federal government are few and defined. Those which remain to the states are governments are numerous and indefinite.

V. Eras of Federalism Dual Federalism (Layer Cake) -Both the national government and the states remain supreme in their own spheres. (Pre-New Deal) B. Cooperative/Shared Federalism (Marble Cake) -The federal government becomes more intrusive in what was the domain of the states. (New Deal Era)

C. New Federalism- Attempts to shift power back to the states mostly by giving them more control over how to spend federal money. Example: Welfare Reform Act

VI. Fiscal Federalism A. How much money is appropriated by the federal government to the states, under what conditions, and what the states can do with these funds

Categorical Grant- Money must spent according to categorical requirements. Block Grants- less strings attached

B. Mandates 1. Sometimes the federal government requires states to do something with out giving them money to do so known as an unfunded mandate. EX: Americans with disabilities Act and No Child Left behind.