1. Chapter 4: Federalism

2. Big Idea: Federalism is a system that operates and distributes power between national and state governments.
Unit Essential Questions:
How does a federal system operate?
How are powers distributed between federal and state governments?

3. Two Concepts Division of Power
How are powers divided between federal and state governments?
Why is division of power necessary?
Interstate Relations
How are relations carried out between the states and the federal government?
How are interstate relations carried out between state governments?

4. Disaster Relief
Who’s job was it to clean up New Orleans and the rest of the coast after Katrina?

5. No Child Left Behind
Should the national gov’t step in to regulate school performance?

6. FEDERALISM Federalism divides power to limit abuse by government
Central government and State governments share power

7. Government Powers (Division of Powers)
Powers Granted
Expressed
Implied
Inherent
10th Amendment
National
Government
State
Government
Delegated Powers
Reserved Powers
Concurrent Powers
Denied Both
Denied States
Denied National
Powers Denied

8. Powers of the National Government
The National Government is a government of delegated powers, meaning that it only has those powers delegated (granted) to it in the Constitution. There are three types of delegated powers:
The expressed powers are those found directly within the Constitution.
The implied powers are not expressly stated in the Constitution, but are reasonably suggested, or implied by, the expressed powers.
The inherent powers belong to the National Government because it is the government of a sovereign state within the world community. There are few inherent powers, with an example being the National Government’s ability to regulate immigration.

9. Elastic Clause Aka – “Necessary and Proper Clause”
Art. I, Sec. 8, Cl "The Congress shall have Power - 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."
Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers

10. McCulloch v. Maryland (1819)
Background
Bank of the US operated in Maryland
Maryland did not want BoUS to operate in state, competition unwanted, unfair
Maryland taxed the bank to put it out of business
McCulloch, BoUS employee, refused to pay the state tax

11. McCulloch v. Maryland (1819)
Is a Bank of the US Constitutional?
YES. The national gov’t has certain implied powers that go beyond delegated powers. US needs a national bank for borrowing, lending, holding minted money, etc. All of which are delegated powers.

12. McCulloch v. Maryland (1819)
Can a state tax the federal gov’t?
-NO. The federal gov’t is supreme. Since the BoUS is constitutional, only the feds may tax it.
-John Marshall reaffirmed Supremacy Clause and Elastic Clause
-National (Federal) Gov gets STRONGER

13. Commerce clause
Art. I, Sec. 8, Cl. 3 – ‘The Congress shall have power - To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”
Congress has used the elastic clause to stretch this power
What is commerce? “Buying and selling of goods and services.”
Congress given the power to regulate commerce between foreign countries and US as well as state to state… they control business law.

14. Gibbons v. Ogden (1824) 1824 – aka “The Steamboat Case”
Ogden received a state licensed monopoly to run a ferry across the Hudson River
Gibbons also saw the potential of the traffic between NJ and NY and obtained a federal license.
Ogden sued saying he had the valid state license, even though Gibbons had US license

15. Gibbons v. Ogden (1824) Result – Gibbons wins
Expanded national power in all areas of commerce law because nation overruled state in interstate trade issues
Fed Gov’t gets STRONGER
All trade today is primarily controlled by national law

16. Commerce Clause Who cares? Why is it important?
Gibbons v. Ogden ruling makes a loop hole giving Congress power to take control over any issue involving the movement of people, or things
Fed gov’t power increased

17. United States v. Lopez (1995)
1995 – “Gun Free School Zone” law banned possession of a firearm within 1000 feet of a school, 12 year old Lopez carried a gun on to the property
Declared law unconstitutional – “nothing to do with commerce” – carrying a weapon through a school zone is too much of a stretch for “commerce”
LIMITED National government power

18. Gonzalez v. Raich (2005) Medicinal Marijuana
Controlled Substance Act (1970) – US gov regulates the manufacture, importation, possession, and distribution of certain drugs
Medicinal marijuana was legalized in California, but illegal to US government. Raich argued commerce clause should not take effect because 1) there was no business transactions and 2) there were no state border issues.
Supreme Court ruled 6-3 against Raich saying that the federal government could trump state laws that permitted medicinal marijuana

19. National Government Powers Continued
Inherent Powers
– Powers that the National government always possesses
Examples:
Regulate immigration
Acquire territory
Recognize other states
Protect the nation
Print money

20. NATIONAL POWERS Exclusive Powers – only given to National government
Make treaties
Print $$
Add territory/states

21. STATES’ Powers Reserved powers Powers denied to the States
Not given to the Federal government (just for the States)
Powers denied to the States
Treaties
Print $$
Deprive due process
Can’t tax Federal government or property

22. National and State POWERS
Concurrent Powers – States and Federal government share these powers
Taxation
Punish crimes
Take property

23. Local Government 3 Levels of government Federal State
Local (County, City, School)
There are over 87,000 units of local government in the US
All local government must follow the Constitution

24. Republic Guaranteed
National Government guarantees we will have a Republic (or Representative government) where people can run and vote for leaders
National Government guarantees us protection from invasion and domestic violence (War on terror, disaster relief in the Gulf area, Little Rock)

25. Admitting new States Only Congress can admit new States
Enabling Act must be passed first which direct people there to frame a constitution and vote on it
Admission Act is passed next which means the territory has been accepted as a State

26. 2 Federalisms? OLD SCHOOL – Dual Federalism
Federal and state governments remain dominant in their separate spheres of influence
Gibbons v. Ogden proved life is not that simple
NEW SCHOOL – Cooperative Federalism
State and Federal governments work together to solve complex problems

27. 2 Federalisms Dual Federalism – Layer Cake
TWO METAPHORS…
Dual Federalism – Layer Cake
Federal
State
Cooperative Federalism – Marble Cake

28. Fiscal Federalism Fiscal means $
Q – How do you get the states to do things they normally wouldn’t do?
A – Money
Q – What is the answer to any question ever asked?

29. Cooperation between States and Feds
Even though the basis of federalism is the division of powers between levels of government, there is still much cooperation between them.
Federal Grants - $ given to States by Federal government with “strings attached”
Revenue Sharing - $ given to States by Feds with “no strings attached”

30. Cooperative Federalism
TYPE OF SERVICE
HOW FEDERAL AND STATE GOV’TS COOPERATE
GRANT-IN-AID PROGRAMS
Congress sets up program in a variety of areas
Federal government gives money to States to run programs
Types of grants include categorical, block, and project
REVENUE SHARING
Was in place from
Congress gave share of federal tax revenue to State and local governments to use as they chose
OTHER FORMS OF FEDERAL AID
Federal agencies assist State and local police
Armed forces equip and train States’ National Guard
Federal monies go to local governments in lieu of property taxes
STATE AID TO THE NATIONAL GOV’T
State and local officials conduct national elections
Naturalization usually takes place in State courts
State and local police aid federal law enforcement agencies.

31. Federal Grants
Congress appropriates (distributes) money for three types of grants-in-aid:
Categorical Grants
Categorical grants are made for some specific, closely defined purpose, such as school lunch programs or the construction of airports or water treatment plants. There are usually conditions, or “strings,” attached to regulate the use of these funds.
Block Grants
Block grants are portions of money allocated to States to use for broader purposes, such as health care, social services, or welfare. Block grants often are granted with fewer strings attached.
Project Grants
Project grants are provided to States, localities, and sometimes private agencies that apply for them. They are used for a variety of purposes ranging from medical research to job training and employment programs.

32. Mandates
A requirement that a state undertake an activity or provide a service
Most apply to Civil Rights and the Environment
Often times the states or local gov’ts have to pay the bill of the mandate set by Congress

33. Mandates
1986 – Asbestos Emergency Response Act, Handicapped Children’s Protection Act
1988 – Drug-free Workplace Acts, Ocean Dumping Ban Act
1990 – Clean Air Act
EX – Columbus, OH spends 23% of the city budget trying to meet environmental mandates (including testing for pesticides used on rice and pineapple)
EX – Public schools have to use Internet filtering or schools lose e-rate subsidies

34. Change in Spending 17% 23% 60% 47% 30% 64% 19% 66% 15% 1929 1939 1960
Shift towards Federal Gov’t Spending
Federal
State
Local (City)
1929
17%
23%
60%
1939
47%
30%
1960
64%
19%
1997
66%
15%

35. Devolution Devolution is the return of power to the state gov
Idea is fueled by distrust of the federal gov and the desire to save money by reducing the size of the “bloated federal government”

36. Devolution Example
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Eliminated welfare and transferred the money to states as block grants
States received wide latitude on how to administer “workfare” but with the knowledge that Congress was counting on anti-poverty spending”
Strings attached: head of family must work or lose benefit; lifetime benefits limited to 5 years; unmarried mother < 18 only receive $ if stay in school and live with adult; immigrants ineligible for 5 years

37. The Full Faith and Credit Clause requires that each State accept the public laws, records, and court decisions of every other State.
Interstate compacts are agreements among the States to solve a common problem.
Interstate Relations
The Privileges and Immunities Clause states that all citizens are entitle to certain privileges (rights) and immunities (protections, exemptions) regardless of their State of residence.
Extradition is the legal process by which a fugitive from justice in one State is returned to that State.

38. Between States
Interstate compacts – States make pacts with other countries or states with Congressional approval
Full Faith and Credit – records, court decisions, and debts in one state carry into others (civil matters)
Extradition – criminal who leaves a State must be returned
Privileges and Immunities – all rights of Americans recognized in all States

40. The Supremacy Clause (Article VI, Section 2)
United States Constitution
The U.S. Constitution is the “Supreme Law of the Land.”
If there is a conflict between a lower law and a higher one, the higher one “wins.”
Acts of Congress
State Constitutions
State Statues (laws)
City and County Laws

41. Federalism is good Living under 2 governments is great…
Built on compromise, promotes unity
Gov’t duties can be split up
Brings gov’t closer to people
Allows for state gov’t to address issues in unique regions of the country
Allows states to experiment with policy before enacting it at the federal level – Ex. Vermont’s free health care for children

42. Living under 2 governments is bad…
Federalism is bad
Living under 2 governments is bad…
States can impede progress of Nation
States are unequal
States have different policy
Easier for states to be dominated by interest groups