Chapter 3 Unit 3: Federalism!

Federalism defined & Powers under Federalism! v=TbiiKfBW_s4 v=TbiiKfBW_s4

I. Federalism Defined Defined: A.Political system in which power is divided among the national government and other governmental units, such as state, counties & municipalities B. It is the middle ground between Unitary (one strong central govt.) & Confederate (strong state governments) system C. Sharing of power between levels requires an elaborate form of communication known as intergovernmental relations!

II. Powers Under Federalism! A.Powers of National Government (Delegated): a. Expressed/Enumerated, Implied (aka: necessary & proper clause, elastic clause), Inherent B.Powers of State Government: a.Reserved Powers (Amendment 10 & Article IV) C.Powers they both have/share: a. Concurrent Powers: ex. Powers to tax, borrow

Constitutional Basis for Federalism!

III. National Supremacy! Provisions in US Const. that recognize dominance of Federal govt.: A. Supremacy Clause: a. makes US Const., federal laws (when in line w/Constitution), & treaties the “Supreme Law of the land” B. The Civil War & Civil Rights struggles: a. Led to conflicts between national vs state governments with national prevailing and passing laws & rules affecting the states C. Enumerated Powers (aka Expressed powers): a. Article I section 8 clauses 1-18, these are powers specifically given to Congress! b. Specifically, Commerce clause, as expanded under Gibbons v. Ogden D. Implied Powers (aka elastic clause, necessary & proper clause): a. Established under Maryland v. McCulloch (formation of national bank) b. This is the last clause of the Enumerated powers #18, it allows for Congress to pass laws to carry out its duties as enumerated in the Constitution

IV. State Powers & Obligations to Each Other A. 10 th Amendment (state’s rights & powers): a. Places limits to national government’s powers! b. it states only those powers “Delegated” are national’s (enumerated/implied/inherent), all others not mentioned belong to states or people B. Full Faith & Credit Clause (Article IV sec. 1): a. it requires each state to formally recognize the documents & judgements handed down by courts in other states b. Full faith & credit helps coalesce the state laws under a national umbrella C. Extradition Clause (Article IV sec. 2): a. Requires return of fugitive criminals arrested in one state & sent back to original state where crime was committed D. Privileges & Immunities Clause (Article IV sec. 2): a. Helps unify the states by assuring that all citizens are treated equally when they travel from state to state

Intergovernmental Relations Today!

V. Types of Federalism A. Federalism is a fluid thing! The relationship between the levels has fluctuated due to issue or times! 1. Dual Federalism: 1789 to 1930s 2. Cooperative/Fiscal Federalism: 1930s – 1980s (Depression & FDR) 3. New Fiscal Federalism: 1980s to current times (Devolution & Block Grants)

VI. Dual Federalism (aka, layered cake!) A. From: beginning (1789) up to Great Depression (early 1930s) B. It was believed that authority of National government was limited to enumerated powers (expressed), and everything else belonged to the states C. Defined: Each level of government has distinct responsibilities that do not overlap (Ex. Medicare and social security are exclusively federal programs with no state involvement)