1. Federalism
Federalism: shared powers between the federal government and the state governments
Supremacy Clause (Art. VI, Sec. 2): “This Constitution…….shall be the supreme law of the land.”
10th 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.” (reserved powers)

2. Federalism Article IV (relations among the states):
Full Faith and Credit Clause: requires each state to formally recognize the documents and judgments handed down in other states
Privileges and immunities clause: citizens of each state are treated equally with citizens of other states in respect to advantages resulting from citizenship in those states.
Extradition: states must return (extradite) fugitive criminals arrested in one state to the state in which the crime was committed for prosecution

3. Government Powers
Delegated: powers given to the Federal govt. by the Constitution
Enumerated: federal powers specifically listed and spelled out in the Constitution (also called expressed powers)
Reserved: powers that are not delegated to the federal government, and not denied to the states, are reserved to the states
Concurrent: powers that can be exercised by both levels of government

4. Federalism
Necessary and Proper, or elastic, clause (Article 1, Section 8, Clause 18: gives Congress the authority to pass any laws necessary to carry out the powers and duties that are enumerated in Article I, Section 8—outlining the powers of Congress
Implied powers: assumed that Congress has certain powers in order to carry out their enumerated powers

6. McCulloch v. Maryland, 1819
The Court, under Chief Justice John Marshall, ruled against the state of Maryland, thereby reinforcing the supremacy of the national government and the power of the elastic clause
What were the issues in this case? What were the arguments on each side? How did the elastic clause play a role?

7. The Commerce Clause
Civil Rights Act of 1964: made discrimination illegal based on race, color, religion, sex, or national origin regarding voter registration requirements, racial segregation in schools, employment, and public accommodations.
Heart of Atlanta Motel v. U.S., 1964—Do the requirements of the Civil Rights act exceed the authority granted to Congress over interstate commerce?
Court ruled in favor of the U.S.—Congress did not exceed their authority in the area of regulating interstate commerce.

8. The Commerce Clause
The Controlled Substances Act, 1970 is the statute (law) establishing federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain substances is regulated.
Passed and justified by Congress that the drug trade crossed state lines and was effectively a business (commerce/trade) and could therefore be regulated by Congress through legislation.

9. The Commerce Clause
“The Congress shall have power to regulate Commerce with foreign nations, and among the several States, and with the Indian Tribes.”
U.S. v. Lopez, 1995
Question before the Court: May Congress use its power to regulate commerce to punish a person who brings guns to school or is this an area reserved to the states for lawmaking?

10. Do you think the following are justifiable extensions of Congress’ powers?
Example: Congress gives licenses to broadcasters to play music on the radio.
Answer: Article 1, Section 8, Clause 3 justifies this. It gives Congress the power to regulate interstate commerce. Broadcasting is a business, therefore broadcasters are practicing commerce. Airwaves cross state lines, so it involves interstate commerce.

11. Do you think the following are justifiable extensions of Congress’ powers?
Congress sets a federal minimum wage
Congress establishes the U.S. Air Force
Congress establishes national parks
Congress creates federal laws against pollution
Congress makes laws regarding discrimination in employment
Congress decides that televisions should have V-chips that enable parents to block certain shows
Congress passes the Gun-Free Zones Act prohibiting anyone from possessing a firearm in a school zone

12. 1790-1930 (aka “Layer Cake Federalism”)
Dual Federalism
(aka “Layer Cake Federalism”)

13. Dual Federalism
Each level of government has distinct responsibilities that do not overlap
Medicare and social security are exclusively federal programs with no state involvement

14. Cooperative Federalism
1930s – Present (aka “Marble Cake Federalism”)

15. Cooperative Federalism
Levels of government share responsibilities
Shared costs: to receive federal aid, states must pay for part of a program (ex. Medicaid)
Federal guidelines: to receive funding, state programs must follow federal rules and regulations (No Child Left Behind; Race to the Top)
Shared administration: though programs must adhere to basic federal guidelines, they are administered according to the state’s directives (ex. Medicaid)

16. Fiscal Federalism--Grants-in-Aid
Categorical grants
Make up more than 80 percent of all aid to state and local governments.
Federal funding to states for specific purposes, with lots of strings attached. States can take it or leave it. (ex. highway funds contingent on drinking age)

17. Grants-in-Aid Examples of categorical grants Unemployment insurance
Federal Highway Funds
Medicaid (matching grant)

18. Grants-in-Aid Block grants Small percentage of grants-in-aid
Federal funding provided to states in chunks or “blocks” with only broad purpose defined.
States have greater flexibility with respect to use of federal funds.
Example: Community Development (housing, anti poverty programs); Social Services (child abuse prevention, mental health); etc.

19. Mandates Direct orders to state governments to do something (mandate)
Little to no funding by the federal government; all or most funding comes from state governments. (unfunded mandate)
Examples of unfunded mandates:
Clean Air Act
No Child Left Behind (partially funded)
Americans with Disabilities Act (ADA)

20. Advantages of Federalism
More opportunities for citizen participation in government
Greater citizen access to government
Differences of opinion can be reflected in different policies in different states
Reduces decision-making at federal level, which could be overwhelming

21. Disadvantages of Federalism
Resources are not distributed evenly, resulting in different quality of services (education, welfare, etc.)
Local interests can sometimes thwart national interests (ex.: civil rights)
Too many levels of government can be costly and inefficient. Can lead to voter fatigue.
(app. 87,000 government entities)