1. Federalism: A closer look at the government we created-

2. Review of Constitutional Principles
You’ve already had an activity that had you look at the principles of the constitution. Can you name them all in the box below?
Hint: There are 7!

3. Characteristics of Federalism

4. What’s federalism again?
Central/National Government
State
Federalism is the relationship between local, state, and national governments
Federalism splits governing responsibilities and powers to differing levels of government.

5. Federalism
Under federalism, which levels of government would be the most responsive to the people’s needs?
LOCAL then STATE
The US Government’s role is limited to the roles ordained in the US Constitution
Everything else belongs to the state and it’s citizens:
What limits the states?

6. So what are the powers of our governments?

7. Reserved, Concurrent, and Expressed Powers
Expressed / Enumerated / Delegated Powers
Reserved Powers
Concurrent Powers

8. Implied and Denied Powers!
Powers our government does not have:
-No suspension Writ of Habeas Corpus (emergency excluded)
-No Expo Facto Laws
-No Bills of Attainder
-No titles of nobility
-No Corruption of Blood
-No religious tests for public office
-No taxes on exports
-No infringements on the Bill of Rights
Article 1 Section 8 Clause 18
-Known as an elastic clause
-Gives Congress a great deal of power
-Example:
There is nothing in the Constitution about setting up the border patrol, or even ICE, but it is implied from Article 1 Section 8 clause 4

9. 2 Main Types of Federalism
Dual Federalism (Layered Cake)
-Each level of government has it’s own distinct role in governing society
-The boundaries of federal government are defined in the Constitution
-Strict division of enumerated and reserved powers.
Cooperative Federalism (Marble Cake)
-Shared responsibilities that influence differing levels of government
-Shared financial costs of programs
-Typically leads to federal solutions to state problems i.e. environmental controls, minimum wage, ADA, etc.

10. The Back and Forth of Power: The Pendulum Swings
Overtime, power has been transferred between our levels of government

11. Federalism- Pendulum Swings
National Government
State Government
1. McCulloch v. Maryland (1819)
2. Gibbons v. Ogden (1824)
4. Great Depression/New Deal
5. Civil Rights Movement
3. Civil War ( ) 6. New Federalism- Reagan 7. U.S. v. Lopez (1994) 8. Tea Party Movement
McCulloch v. Maryland (1819)
Implied powers
Supremacy of the national government
Intergovernmental immunity
Gibbons v. Ogden (1824)
Interstate commerce
Civil War ( )
States rights
Great Depression/New Deal ( )
Dealt with Great Depression at the national level
States did not have resources
FDR
Growth of government
Agencies
Money
Role
Civil Rights Movement
Commerce clause
Ketchup from across state lines
Traveling salesmen
Private v. public facilities
New Federalism- Reagan ( )
Federal government started in the states
Devolution
Federal government pulling power to states until 1995
U.S. v. Lopez (1994)
Gun Free School Zones Act
Federal law v. state law
Students don’t feel safe in schools
Inability to learn
Affects role in society
Interstate commerce?
States control schools
Commerce clause does not apply- too much of a stretch
Tea Party Movement
Started in states

12. Constitutional Provisions for Federalism
Commerce Clause- Article I, Section 8, Clause 3
Necessary and Proper Clause (Elastic Clause)- Article I, Section 8, Clause 18
10th Amendment- reserved powers to the states and the people
Article IV- Full Faith and Credit
Article V- Amending Constitution
Article VI- Supremacy Clause
Article VII- Ratification of Constitution
Article VI
-The US Constitution is “…the supreme law of the land…”
-If state and federal laws conflict, who wins?

13. Federalism Review: Who has the Power?!
Kahoot!