1. Federalism States into a Nation
This presentation is the property of Dr. Kevin Parsneau for use by him and his current students. No other person may use or reprint without his permission.

2. Questions:
What is federalism and what are its most important features?
Why federalism?
What historical events have altered the balance of power between the states and the federal government?
What are the current controversies about federalism?
Are we ever going to work this out and is there even a permanent solution?

3. Federalism: a system in which power is divided between a central government and subnational/ regional governments (states).
Unitary: a system where a national government creates subnational subgovernments as administrative units (United Kingdom)

4. Features of Federal Federal, State and Concurrent Powers
Supremacy Clause
Implied Powers—“Elastic Clause”
Regulate commerce—“Commerce Clause”
States’ Rights (10th Amendment)
Full Faith and Credit Clause

5. Federal Powers Expressed Powers Implied Powers (Elastic Clause)
Regulate Commerce and Trade
Foreign Relations, War and Peace
Coin and Print money
Raise and Support Military
Establish Post Offices and Roads
Naturalization and Immigration
Implied Powers (Elastic Clause)

6. State Powers States had powers prior to the Constitution
Regulate Trade within State
Establish local Government
Conduct Elections and Set Voter Qualifications
Incorporate Businesses, license professionals
Make Marriage Laws
Reserved Powers (10th Amendment)

7. Concurrent Powers Powers of federal and state governments Taxation
Borrow Money
Establish Courts
Charter Banks
Enforce Laws and Punish Criminals

8. Supremacy Clause
“This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.”

9. Implied Powers
Powers of the federal government not specifically expressed but implied through the interpretation of the delegated powers.
McCulloch v. Maryland (1819)

10. Elastic Clause
“To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.”

11. Commerce Clause
“ The Congress shall have power To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; ”
Gibbon v. Ogden (1824)
Much of the federal government’s current regulatory authority comes from the broad interpretation of the Commerce Clause

12. Tenth Amendment
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

13. Full Faith and Credit Clause
“Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.”

14. Why Federalism?
Practicality
Control Faction
Natural?

15. Rise of the Federal Government
Indestructible Union ( s)
Dual Federalism (1860s- 1930s)
Cooperative Federalism (since 1930s)

16. Indestructible Union
Indestructible Union: Constitution is a document that binds states together within a federalist system, including a national government with narrow powers.
. Rise of national government and co-mingling of state and national government.
Draw layer cake w/ thin top (feds have little power or influence in daily life and action is at the state level
Dual federalism: Constitution is an agreement among states and thus the powers of the federal government are appropriately limited, and the powers and responsibilities are clearly divided between states and federal government.
(Layer Cake)

17. Dual Federalism
Dual federalism: Constitution is an agreement among states and thus the powers of the federal government are appropriately limited, and the powers and responsibilities are clearly divided between states and federal government.
. Rise of national government and co-mingling of state and national government.
Draw layer cake w/ thin top (feds have little power or influence in daily life and action is at the state level
Dual federalism: Constitution is an agreement among states and thus the powers of the federal government are appropriately limited, and the powers and responsibilities are clearly divided between states and federal government.
(Layer Cake)

18. Cooperative Federalism
Cooperative federalism: Constitution is an agreement among people who are citizens of both states and nation, and powers and responsibilities are blurred and mixed between states and federal government.
Cooperative federalism: Constitution is an agreement among people who are citizens of both states and nation, and powers and responsibilities are blurred and mixed between states and federal government.
(Marble cake)

19. Historic Events Rise of the national government
Louisiana Purchase (1803)
Civil War ( )
Progressive Era ( TR [ ])
FDR—New Deal/ WWII ( )
Cold War ( )
Great Society ( )

20. Historic Events (cont.)
Return of the States
New Federalism (1970s)
Reforming New Federalism
“Devolution” (Newt Gingrich )

21. Features of New Federalism
Federal Money Administered by the States
Formula Grants
Grants-in-aid
Categorical Grants
Block grants
Mandates and Unfunded Mandates?

22. Controversies Can we find a fair balance?
Can states address all the problems?
Can federal understand all the local situations?
Are states rational units of administration ?

23. Some Thoughts
Federalism divides power between national and state governments.
State autonomy
National supremacy
Federalism
Natural solution
Further divides power
Growth of national government through our history
Civil War, Progressive Era, Great Depression, WWII…
Curbing the growth of federal power with New Federalism
Balancing power and practicality