1. Federalism
Chapter 3

2. Daily Focus: What assumption can you make about federalism looking at these pie charts?

3. Systems
Unitary
Confederal
Federal

4. The Flow of Power in Three Systems of Government

5. A Federal System
Divides power between the national and lower level governments.
Each government has distinct powers that the other governments cannot override.
Examples: Australia, Brazil, Canada, Germany, India, Mexico, and the United States.

6. Why Federalism? More direct access to the people
The authors of the Constitution wanted to combine a central government strong enough to maintain order with strong states.
The large geographical size of a country.
More direct access to the people
State governments have served as training grounds for national politicians and as laboratories in which new ideas can be tested.
Federalism Allows for Many Political Subcultures.
More factions can be represented. (Federalist #__)

7. Powers of the National Government
Enumerated (expressed) Powers
Article I, specifically listed
Implied Powers—allow the national government to make decisions that fall outside the expressed powers.
The Necessary and Proper Clause.
Inherent Powers—recognized by all sovereign nations.

8. Examples of enumerated powers
Printing money
Regulating trade
Making treaties
Declaring war
Taxing imports
Making a post office

9. Powers of State Governments Reserved Powers
According to the 10th Amendment, all powers that were not delegated to the national government, nor denied to the states
In theory states still retain all powers not delegated to the national government, but in reality the national government has expanded the scope of governmental action on a grand scale.

10. Reserved Powers of State Governments
Issue licenses
Regulate intrastate trade
To run federal elections

11. Prohibited Powers –Article I
Federal Government
Cant suspend writ of habeas corpus
Cant pass ex post facto laws
Or issue a bill of attainder
Cant impose export taxes
Grant titles of nobility
State governments
Cant have treaties with foreign nations
Can’t declare war
Or print money
Or pass ex post facto laws
Or grant nobility
Or impose import or export taxes

12. Concurrent Powers-both

13. Supremacy Clause
Article VI of the Constitution mandates that actions by the national government are supreme.
Any conflict between a legitimate action of the national government and a state will be resolved in favor of the national government.

14. Article IV – State’s obligations
Full Faith and Credit Clause
Privileges and Immunities Clasue
Extradition

15. Vertical Checks and Balances
Federalism can be seen as an additional way of preventing government from growing too strong, beyond the division of the national government into the legislative, executive, and judicial branches. (Federalist papers)

16. Defining Constitutional Powers
McCulloch v. Maryland (1819). Affirmed that the power of Congress is not strictly limited to the expressed powers. Marshall held that Congress has implied powers to carry out the expressed powers.
Gibbons v. Ogden (1824). This case set the precedent for the national government to regulate a wide range of economic activities.

17. States’ Rights and the Civil War
The Jacksonian Era and the shift back to States’ Rights
The Civil War and the growth of the national government
Post Civil War amendments represented a serious enhancement of national power. The national government now abolished slavery, defined who was an American citizen, and attempted (with limited success) to provide rights to the freed slaves that included the right to vote.

18. Dual Federalism
Emphasized dividing the state and national spheres of power into entirely separate jurisdictions.
Part of the Supreme Court’s attempt to regain its powers after the Civil War.

19. The New Deal and Cooperative Federalism
New Deal legislation vs. Dual Federalism
Cooperative federalism emphasized an expanded role for the national government, and cooperation between the national government and the states.

20. The New Deal and Cooperative Federalism
Roosevelt’s programs typically were funded by the federal government, but administered by states and local governments, thus creating a cooperative framework for federalist relations. Often called picket-fence federalism.

21. Implementing Cooperative Federalism
Categorical Grants
“Strings-Attached” Federal Grants
Block Grants
Federal Mandates

22. Federalism Becomes a Republican Issue
“New Federalism.” Beginning with President Richard Nixon (1969–1974), the Republican Party championed devolution, or the transfer of powers from the national government to the states. They called this policy federalism, a new use of the term.
Under current conditions liberals may have pragmatic reasons to support states’ rights in some instances, such as in gay rights issues.