1. Federalism

2. Terms you need to know… Federalism Federalist #51 Delegated powers
Concurrent powers
Prohibited powers
Elastic clause
McCulloch v. Maryland (1819)
Commerce clause
Gibbons v. Ogden (1824)
Dual Federalism
Cooperative Federalism
Grants-in-aid
Categorical grant
Block grant
Mandate
Devolution
Pros and cons of federalism

3. The Flow of Power in Three Systems of Government

4. A Unitary System Power Centralized
Gives power to subnational governments (counties, provinces, etc…)
State or regional government derive authority from central government
Examples:
United Kingdom, France
Most popular form of government historically and present day

5. A Confederal System Power held by independent states
Power is retained by local or regional governments
Central government has no power to make regional government today
Very few exist
Examples:
The EU (European Union), The Confederate States of America

6. A Federal System
Power divided between central and state/local governments
Both the government and constituent governments act directly upon the citizens
Both must agree to constitutional change
Examples:
Canada, United States (since the adoption of the Constitution), Australia, Brazil, India, Mexico

7. Why Federalism?
Federalism was a compromise between the desires of a strong central government and a weak central government.
The large geographical size of a country made federalism more practical.
Federal government can outsource responsibilities to the state and local government.
Brings government closer to the people.
State governments have served as training grounds for national politicians and as laboratories in which new ideas can be tested.

8. Arguments against Federalism
Some believe state and local governments can block national plans. Examples?
Does not address inequalities among states.

9. Disaster Relief
Whose job was it to clean up New Orleans and the rest of the coast after Hurricane Katerina?

10. What is Federalism? Federalism
Two or more governments exercise power and authority over the same people in the same territory
OR…the relationship between the federal government and the state governments

11. Constitutional Provisions That Guide Federalism
Article I, Section 8
Enumerated Powers of Congress, including the “necessary and proper clause”
Article I, Section 9
Powers denied to Congress; no regulating slave trade before 1808; states to be treated uniformly
Article I, Section 10
Powers denied to the states, such as treaties; impairing contracts
Article IV
Full faith and credit; privileges and immunities; extradition
Article VI
Supremacy of the national government
Ninth Amendment
Right not listed reserved to the people
Tenth Amendment
Powers not delegated to the federal government reserved by the states

12. The Constitution Article I = Legislative Branch
Article II = Executive Branch
Article III = Judicial Branch
Article IV = State Relations
Article V = Amendment Process
Article VI = Oath of Office, Accrual of National Debt, Supremacy Clause
Article VII = Ratification

13. Federalism: A Sharing of Powers
Military
Coin Money
Regulate Trade
Declare War
Concurrent
Taxing
Police
Courts
States
School
Marriage
Safety
Health
Article I, Section 8
Article I, Section 10

14. Overlap and Uncertainty
Example:
Marriage
Article IV in direct conflict with Amendment X
Obergefell v. Hodges

15. Supreme Court Shapes Federalism
Two Essential Questions
Can Congress create a bank?
Can a state tax federal institutions?
Strict Constructionists
Elastic Clause/Implied Powers
McCulloch v. Maryland (1819)
Questioned the legality of a congressionally created bank in Baltimore
No mention in the Constitution “to create a bank”
State required all banks within its borders not incorporated by the states to a $15,000 tax
McCulloch refused

16. Supreme Court Shapes Federalism
Arguments:
Federal government: can oversee the coastal and inland waterways
NY and Fulton argued that the commerce clause empowered Congress to regulate only actual goods
Article VI – Supremacy Clause
Gibbons v. Ogden (1824)
NY legislature granted Fulton, a steamboat captain, exclusive rights to operate on the Hudson River (monopoly)
Federal government authorized and licensed a Coast Guard ship to sail the same waterways

17. Supreme Court Shapes Federalism
Bill of Rights do not apply to the state.
14th Amendment
Selective Incorporation
Bill of Rights have been applied to the states through the equal protection clause
Barron v. Baltimore
Barron stated the city of Baltimore violated his 5th Amendment right (eminent domain)
State court awarded Barron $4,500
Appellate Court reversed state courts decision
Supreme Court lacked jurisdiction

18. Fiscal Federalsim Dual Federalism Cooperative Federalism
“Layered Cake”
Belief of having separate but equally powerful branches and levels of government, in which the state and national levels would both have a lot of power to balance each other out
“Marbled Cake”
Belief of all the levels of government working together cooperatively to achieve and solve common problems. 
Popular under FDR (Great Depression) up until the 1970s