Copyright © 2011 Pearson Education, Inc. Publishing as Longman

Chapter 3 Federalism

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives Roots of the Federal System LO 3.1: Trace the roots of the federal system and the Constitution’s allocation of governmental powers. Federalism and the Marshall Court LO 3.2: Determine the impact of the Marshall Court on federalism.

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives Dual Federalism: The Taney Court, Slavery, and the Civil War LO 3.3: Describe the emergence and decline of dual federalism. Cooperative Federalism: The Growth of National Government LO 3.4: Explain how cooperative federalism led to the growth of the national government.

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Chapter Outline and Learning Objectives New Trends in Federalism LO 3.5: Identify new trends in federalism. Toward Reform: Attempts to Balance National and State Power LO 3.6: Assess the challenges in balancing national and state powers and the consequences for policy making.

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Roots of the Federal System LO 3.1: Trace the roots of the federal system and the Constitution’s allocation of governmental powers. LO 3.1: Trace the roots of the federal system and the Constitution’s allocation of governmental powers. The unitary system of Great Britainunitary system The Articles of ConfederationConfederation The Federalist compromise –National and state governments share power –These powers are derived from the people To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman National Powers Under the Constitution Article I, section 8 (18 clauses) – Enumerated Powers Includes powers to coin money, provide a military, declare war, create courts, etc. Clause 3: the commerce clause –Implied Powers Clause 18: the necessary and proper (Elastic) clause Article VI, clause 2: the supremacy clause LO 3.1 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman State Powers Under the Constitution The Tenth Amendment Those powers not enumerated are reserved to the states Includes regulations for health, safety, morality, and police powers LO 3.1 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Concurrent Powers and Powers Denied Under the Constitution Concurrent (shared) powers –Taxation –Chartering banks –Borrowing money Denied powers –Bills of attainder –Ex post facto laws LO 3.1 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Interstate Relations Under the Constitution Article IV –The full faith and credit clause Defense of Marriage Act –Privileges and immunities clause –The extradition clause Slaves Article I, section 10, clause 3 –Interstate compacts LO 3.1 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman What is the Defense of Marriage Act? A.A law making divorce illegal. B.A law ensuring that marriage will never be outlawed in any state. C.A law designed to circumvent the full faith and credit clause by allowing states to disregard same-sex marriages performed in other states. D.A law allowing separated couples to stay legally married for tax and child custody purposes indefinitely. E.A law prohibiting taxation in any form to be placed on the act of marriage. LO 3.1 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman What is the Defense of Marriage Act? A.A law making divorce illegal. B.A law ensuring that marriage will never be outlawed in any state. C.A law designed to circumvent the full faith and credit clause by allowing states to disregard same-sex marriages performed in other states. D.A law allowing separated couples to stay legally married for tax and child custody purposes indefinitely. E.A law prohibiting taxation in any form to be placed on the act of marriage. LO 3.1 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Federalism and the Marshall Court LO 3.2: Determine the impact of the Marshall Court on federalism. LO 3.2: Determine the impact of the Marshall Court on federalism. Sets new balance of state and national powers McCulloch v. Maryland (1819) –Concerns the power of states to tax the national government Gibbons v. Ogden (1824) –Concerns congressional power to regulate interstate commerce Barron v. Baltimore (1833) –Concerns the protections of the Bill of Rights – Does the Bill of Rights protect people from the actions of state government? To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which of the following Supreme Court cases restricted the powers of the national government? A.Barron v. Baltimore (1833) B.McCulloch v. Maryland (1819) C.Gibbons v. Ogden (1824) D.All of the above E.None of the above LO 3.2 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Which of the following Supreme Court cases restricted the powers of the national government? A.Barron v. Baltimore (1833) B.McCulloch v. Maryland (1819) C.Gibbons v. Ogden (1824) D.All of the above E.None of the above LO 3.2 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Dual Federalism ( ): The Taney Court, Slavery, and the Civil War LO 3.3: Describe the emergence and decline of dual federalism. LO 3.3: Describe the emergence and decline of dual federalism. Dual federalism – national and state powers are equal with distinct spheres of responsibility –Layer cake The Dred Scott decision –Congress cannot regulate slavery Nullification Post Civil War – volatile relationship between national and state governments –Commerce, Anti-Trust, and Sixteenth and Seventeenth Amendments To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Sherman Anti-Trust laws were tested in a lawsuit by the federal government targeting what? A. State banks B. Child labor C. Sugar refineries D. Slavery E. Railroads LO 3.3 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Sherman Anti-Trust laws were tested in a lawsuit by the federal government targeting what? A. State banks B. Child labor C. Sugar refineries D. Slavery E. Railroads LO 3.3 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Cooperative Federalism ( ): The Growth of National Government LO 3.4: Explain how cooperative federalism led to the growth of the national government. LO 3.4: Explain how cooperative federalism led to the growth of the national government. Cooperative federalism – federal government leads national agenda with state cooperation –Marble Cake New Deal of the 1930s Great Society of the 1960s Federal government makes categorical grants to states To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Supreme Court’s _________ attitude was reflected in the early years of the New Deal. A. fascist B. laissez-faire C. lazy D. progressive E. religious LO 3.4 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Supreme Court’s _________ attitude was reflected in the early years of the New Deal. A. fascist B. laissez-faire C. lazy D. progressive E. religious LO 3.4 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman New Trends in Federalism (1980-) LO 3.5: Identify new trends in federalism. LO 3.5: Identify new trends in federalism. Return to state’s rights, or New Federalism The Reagan Revolution –Block grants Devolution –Contract with America George W. Bush –Preemption The Supreme Court –Up to Roberts! To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman In 1996, TANF replaced the existing federal _________ program. A. gender equality B. labor C. education D. environmental E. welfare LO 3.5 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman In 1996, TANF replaced the existing federal _________ program. A. gender equality B. labor C. education D. environmental E. welfare LO 3.5 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Attempts to Balance National and State Power LO 3.6: Assess the challenges in balancing national and state powers and the consequences for policy making. LO 3.6: Assess the challenges in balancing national and state powers and the consequences for policy making. Redistributive and Developmental Policies –“Pork” problems –The No Child Left Behind Act of 2001 –Patient Protection and Affordable Care Act of 2010 Progressive Federalism –“Laboratories of democracy” To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Obama administration has allowed California to impose stricter limits on what? A.Fatty foods found at fast food restaurants B.Drug use C.Greenhouse gas emissions D.Gun ownership E.Access to abortion LO 3.6 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Obama administration has allowed California to impose stricter limits on what? A.Fatty foods found at fast food restaurants B.Drug use C.Greenhouse gas emissions D.Gun ownership E.Access to abortion LO 3.6 To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Figure 3.1: How many governments are there in the United States? To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Figure 3.2: From where does governmental authority come? Back To Learning Objectives

Copyright © 2011 Pearson Education, Inc. Publishing as Longman Figure 3.3: How is governmental power distributed in the federal system? Back To Learning Objectives