1. What is the system of federalism
What is the system of federalism? Why did the founding fathers want this system in place?

2. Federalism: The Division of Power

3. 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

4. Government Powers (Division of Powers)
Powers Granted
Expressed
Implied
Inherent
Expressed:
Spelled out in the Constitution
Article I, Section 18
18 clauses giving 27 powers
Tax
Coin money
Regulate trade
Declare war
Grant patents
National
Government
Delegated Powers

5. Government Powers (Division of Powers)
Powers Granted
Expressed
Implied
Inherent
Implied:
Not written in Constitution, but reasonably suggested
Article I, Section 18, Clause 18
“necessary and proper”
The Elastic Clause
Build dams
Highways & roads
Determine crimes
National
Government
Delegated Powers

6. Government Powers (Division of Powers)
Powers Granted
Expressed
Implied
Inherent
Inherent:
Not written in Constitution, but belong to national governments
Regulate immigration
Grant diplomatic recognition to nations
Protect the nation
National
Government
Delegated Powers

7. Government Powers (Division of Powers)
Denied:
Expressly denied:
Infringe on rights (speech, press, etc.)
Silence in Constitution:
Only has delegated powers
Denied in Federal System:
Can’t tax states
National
Government
Denied National
Powers Denied

8. Government Powers (Division of Powers)
Powers Granted
10th Amendment
Reserved Powers:
10th Amendment
Not granted to Federal, but not denied to states.
Legal marriage age
Drinking age
Professional license
Confiscate property
The power of the state to protect and promote public health, the public morals, the public safety, and the general welfare.
State
Government
Reserved Powers

9. Government Powers (Division of Powers)
Denied States:
Constitution denies certain powers to state, because they are NOT a federal government.
Make treaties
Print money
Deny rights to citizens
State
Government
Denied States
Powers Denied

10. Government Powers (Division of Powers)
Powers Granted
National
Government
State
Government
Concurrent Powers
Concurrent:
Both States and National have these powers
May be exercised separately and simultaneously
Collect taxes
Define crimes
Condemn or take private property for public use
Denied Both
Powers Denied

11. Government Powers (Division of Powers)
Denied Both:
Both States and National have been denied these powers
Violate rights of citizens
Powers Granted
National
Government
State
Government
Concurrent Powers
Denied Both
Powers Denied

12. Government Powers (Division of Powers)
EXCLUSIVE
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

13. 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

14. Federalism Guidelines
Supreme Court
Umpire
Applies supremacy clause in case of conflict
McCulloch v. Maryland
Md. attempted to tax national bank
SC rules cannot tax national institution: Supremacy clause

15. National Govt. obligations to the states
1. Republican Form of Government
2. Protection against invasion and disorder
3. Territorial Integrity—recognize borders of states

16. Cooperative Federalism
Grant in Aide Programs
Revenue Sharing
Law Enforcement
Central
Govt.
State
Operate Natl. Elections
Immigration

17. Interstate Relations Full Faith and Credit
Uphold decisions made by other states

18. Interstate Relations
Extradition

19. Interstate Relations Privileges and Immunities
All states must recognize rights of all Americans
No unfair distinctions for out of state residents

20. Fiscal Federalism $$$$$$$$$$$$
The STATE governments still maintain AUTHORITY over
Many of the issues that had in the past, but the POWER
over many of those issues have been transferred
to the FEDERAL government.
WHY HAS THIS TRANSFERE OF POWER TAKEN PLACE?
$$$$$$$$$$$$
It started in late 1930s, gained a lot of momentum and strength
in the 1960s and 1970s and we continue to be in
this era of federalism.

21. Federalism Today
Much of the relationship between the state and federal
governments today are influenced by money.
It is how the federal government “got their foot in the door”
of state issues, and it is how they keep pressure on the
states to do what they would like them to do.
Examples:
Helmet Laws
Blood Alcohol Levels
Affirmative Action

22. Fiscal Federalism How Does It Work
The Federal Government passes money on to the
State and local governments through a system
Known as GRANTS IN AID.
Three Basic Types of Grants in Aid:
Categorical Grants
Block Grants

23. Categorical Grants Used to address specific issues.
Group Receiving the funds are limited on what they can use the funds for.
Allows the federal government more control over how the
Funds are used.
Preferred method of grant in aid of the federal government. About 90% of all federal grants dollars.
Example:
AFDC in 1960s thru 1980s.
Aid To Families With Dependent Children
Program designed to help address poverty.
Federal government gave funds to state, but they had
to be administered in very specific manner.

24. Block Grants Used to address general topic area.
Group receiving funds are given much more flexibility in how they spend the funds.
Federal government has given less control.
Preferred method of grants for those conservatives favoring DEVOLUTION of more control back to the states.

25. Unfunded Mandates What are they?
Rules and regulations created by the federal government
Calling for state or local governments to do something,
Without providing the funds to carry it out.
i.e. – SOL’s
Why do the states stand for them?
Fear that not doing this will cause them to lose money for
This program, or worse yet, other programs as well.
EXAMPLE OF THE DIFFERENCE BETWEEN POWER AND AUTHORITY