1. NORTH CAROLINA Day 1 Federalism
CIVICS
Mr. Hensley
SRMHS

2. What is “Federalism”?
Federalism is the division of powers between the national (federal) government and the various state governments
In a unitary system, the national government makes all decisions
In a federal system, the power is shared

3. Example: Segregated Schools
Southern states want to segregate schools
School policy is not expressly mentioned in the Constitution and thus, should be a state or local concern – right?
But the federal gov’t helps fund local schools – do they get a say in how schools are set up?

4. Federalism is in the Constitution
Articles 1 and 2 in the Constitution set up the legislative and executive branch and gave them specific powers
Tenth Amendment reserves all other powers for the states
Examples of granted federal powers: taxation, declare war etc.

5. Express versus Implied
Express powers in the Constitution are written out in detail
Implied powers fall under “necessary and proper” clause (Elastic Clause)
Also, implied powers can arise under the Interstate Commerce clause
Strict: express, no implied
Loose: express plus implied

6. Powers of State Government
States have police powers to regulate health, safety and even morality of citizens
States have the power to set up family laws (marriage, divorce)
States can license professionals
States regulate how property is used (zoning)

7. State’s Obligation to One Another
Article IV establishes the “full faith and credit” clause
Each state must honor the “public Acts, Records and judicial proceedings” of all other states
To stop the spread of gay marriage, Congress passed DOMA in 1996 to exempt states from Article IV on this single issue! It was found to be unconstitutional in 2013

8. Local Government
No recognition of local or city governments in the Constitution
Local governments get their powers from their state constitution
HB2 in NC arose from the state asserting their superiority over city gov’t
50 state, 3,000 county and 40,000 city or town gov’ts

9. Traditional Federalism
From 1789 until 1933, “federalism” meant that the federal government focused on express powers and the states controlled everything else
Slavery? A property law issue for the states
A National Bank? Exceeds the express powers
“State’s rights” stop at nullification

10. Supreme Court and Federalism
1819: McCullough v Maryland – Court says a national bank is allowed under the implied powers that go along with the express power of regulating interstate commerce
How do we define “interstate”? Strict versus loose interpretations!

11. FDR and the New Deal
By the late 1930’s, the Supreme Court took a “loose” approach to interstate commerce, allowing the federal government to get involved in lots of issues
Relief for unemployed handled through grants-in-aid – money comes from federal gov’t, states have to use it for targeted purpose

12. Tenth Amendment’s Low Point
1941: Justice Harlan Stone says the “10th Amendment is a truism that has no real meaning”
1950’s and 60’s: the rise of the “Welfare State” – federal involvement in everything from highways to vaccinations to farm prices
Grants-in-aid used as an incentive to get the states to go along with federal wishes

13. Cooperative Federalism
Period from 1933 through 1960 known as “cooperative federalism”
Marble-cake model – both feds and states share power and feds use grants to control state behavior – example: War on Poverty, Medicare
Extremes: feds begin to give $$ directly to cities

14. New Federalism
In the 70’s and 80’s, GOP Presidents used block grants which gave the states the power to spend the money as they saw fit, within broad constraints
General revenue sharing grants have no strings attached
Devolution – powers passed from feds down to states (handguns)

15. Federalism Today Can states set their own immigration policies?
Can states decide to legalize marijuana?
Can the federal gov’t tie school funding to standardized test scores?
Can the federal gov’t require everyone to have health insurance?