1. Unit 3: Federalism!
Chapter 3

2. Federalism defined & Powers under Federalism. https://www. youtube

3. I. Federalism Defined Defined:
Political system in which power is divided among the national government and other governmental units, such as state, counties & municipalities
B. It is the middle ground between Unitary (one strong central govt.) & Confederate (strong state governments) system
C. Sharing of power between levels requires an elaborate form of communication known as intergovernmental relations!

4. II. Powers Under Federalism!
Powers of National Government:
Delegated (aka: Expressed/Enumerated Powers); written directly in US Constitution
Implied (aka: necessary & proper clause, elastic clause); not in Constitution, but used to help delegated powers work
Inherent: powers due to its sovereignty
Powers of State Government:
1. Reserved Powers (Amendment #10)
Powers they both have: 1. Concurrent Powers: ex. Powers to tax, borrow

5. Constitutional Basis for Federalism!

6. III. Areas of National Dominance!
Provisions in US Const. that recognize dominance of Federal govt.:
A. Supremacy Clause:
a. makes US Const., federal laws & treaties the “Supreme Law of the land”
b. Southern states try to stop with Nullification Act
B. Enumerated Powers (aka Expressed powers):
a. Article I section 8 clauses 1-18, these are powers specifically given to Congress:
1. Specifically, Commerce clause, as expanded under Gibbons v. Ogden
2. General welfare part of Preamble/taxing clause

7. Areas of National Power cont…
C. Implied Powers (aka elastic clause, necessary & proper clause):
a. Established under Maryland v. McCulloch (formation of national bank)
b. This is the last clause of the Enumerated powers #18, it allows for Congress to pass laws to carry out its duties as enumerated in the Constitution: ex. Power to tax (enumerated power) = creation of IRS (Implied power)
D. Other parts of the Constitution:
a. the equal protection clause of 14th amendment (incorporation doctrine), particularly post Civil War & during the civil rights movement
b. Due process clause of 5h amendment

8. IV. State Powers & Obligations to Each Other
A. 10th Amendment (state’s rights & powers):
a. Places limits to national government’s powers!
b. it states only those powers “Delegated” are national’s (enumerated/implied/inherent), all others not mentioned belong to states or people
B. Full Faith & Credit Clause (Article IV sec. 1):
a. it requires each state to formally recognize the documents & judgements handed down by courts in other states
b. Full faith & credit helps coalesce the state laws under a national umbrella
C. Extradition Clause (Article IV sec. 2):
a. Requires return of fugitive criminals arrested in one state & sent back to original state where crime was committed
D. Privileges & Immunities Clause (Article IV sec. 2):
a. Helps unify the states by assuring that all citizens are treated equally when they travel from state to state
E. Interstate Compact:
a. states may make arrangements to work together to solve regional problems (sometimes requires congressional approval)

9. Intergovernmental Relations Today!

10. V. Types of Federalism 1. Dual Federalism: 1789 to 1930s
A. Federalism is a fluid thing! The relationship between the levels has fluctuated due to issue or times!
1. Dual Federalism: 1789 to 1930s
2. Cooperative Federalism: 1930s – Now! (Depression & FDR)
a. Fiscal Federalism: began heavily in 1960s
b. New federalism: 1970s – 1990s (block grants & devolution)
c. back to Fiscal Federalism (2000s to now)

11. VI. Dual Federalism (aka, layered cake!)
A. From: beginning (1789) up to
Great Depression (early 1930s)
B. It was believed that authority of National
government was limited to enumerated powers (expressed),
and everything else belonged to the states
C. Defined: Each level of government has distinct responsibilities that do not overlap
(Ex. Medicare and social security are exclusively federal programs with no state involvement)

12. Dual Federalism cont…
The levels outside of a few exception stayed out of each others way
Exceptions:
Some land grants
Some money to start some state colleges
After Civil War & during Reconstruction on basis of 14th amendment & incorporation clause/doctrine some injustices of states corrected by national govt.