Federalism is… A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).

Governments in the U.S. 

Distribution of Power 

The Roots of the Federal System  The U.S. did not want a unitary system like Great Britain  Chose a federal system instead  National and state governments share power—they both derive their powers from the people

National Powers  Enumerated or expressed powers set out in Article 1, Section 8 of the U.S. Constitution  Includes coining money, declaring and conducting war, creating a national court system  “Necessary and proper clause” is the justification for implied powers  Article VI includes the Supremacy Clause: Constitution = supreme law of the land

Federalism & the Constitution 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.) The U.S. Constitution is the supreme law of the land (Supremacy Clause)

State Powers  Tenth Amendment deals with powers not expressed  Not expressed = rights reserved for states or the people  Includes regulation for health, safety, and morals  Other powers are concurrent, or shared – i.e., taxation, education policy, and criminal justice laws

Relations Among the States  States must give full faith and credit to other states  Privileges and immunities clause guarantees equality  States are required to extradite criminals  States work together through interstate compacts

The Marshall Court  Court has played a significant role in defining federalism – balance of state-federal power  McCulloch v. Maryland (1819) -Concerns states’ power to tax the national government  Gibbons v. Ogden (1824) -Concerns Congress’ power to regulate commerce

The Challenges of Modern Federalism New York, September 2001 New Orleans, August 2005

Post 9/11 Federalism Increasing power of the national government – No Child Left Behind--took power from states to determine educational policy – Patriot Act--took freedoms away from individuals to protect against future terrorist attacks – Creation of the Department of Homeland Security-- umbrella agency meant to create more centralized control

“Another Perfect Storm”

Homeland Security