1. FEDERALISM
A TUG OF WAR?

2. WHAT IS FEDERALISM?
FEDERALISM is two or more governments exercising power and authority over the same people in the same territory OR
The DIVISION OF POWERS between a central government and state or local governments
The relationship between the central government and the state governments

3. ORIGINS OF FEDERALISM
Constitutional Convention: state patriotism which developed from the colonial experience v. revolutionary American spirit which had tied the states together in the fight for freedom from England
The term “federalism” is not found in the Constitution

4. Justification for Federalism
Federalist No. 46 : James Madison asserted that the states and national government “ are in fact but different agents and trustees of the people, constituted with different powers.”
Federalist No. 28: Alexander Hamilton suggested that both levels of government would exercise authority to the citizens benefit: “if their {the people} rights are invaded by either, they can make use of the other as the instrument of redress.”

5. Why Federalism? Alternatives : Unitary? Confederate?
What are the advantages and disadvantages of a unitary system?
What are the advantages and disadvantages of a confederacy?

6. What does the Constitution Say?
The Supremacy Clause
Article VI, Section 2:
“This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution orlaws of any state to the contrary notwithstanding.” (LADDER OF LAWS)

7. What does the Constitution Say?
10th Amendment
Added to define the power of the states
“The power not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People.”

8. Role of the National Government
Expressed/enumerated powers
-defense
-foreign affairs
-control of currency
-interstate commerce
Implied powers
Inherent powers
Powers denied
by the Constitution, or its silence, or the nature of the structure of the federal system

9. Role of the State Governments
Reserved powers
Powers denied
Expressly denied in the Constitution
Denied because of nature of structure of a federal system

10. Common Roles of National & State Governments
Concurrent powers
Denied powers

11. Relations Among States
“Full faith and credit”
Obligations of states
-privileges and immunities
-extradition
Maintaining cooperation
Interstate compacts
Lawsuits between States

12. Theories of Federalism
DUAL FEDERALISM: the federal government and the state governments are co-equals; involves clearly enumerated powers for each; federal govt only has powers expressly granted to it, while the states retain all other powers
Layer cake federalism
Predominant relationship from 1790s to 1930
Relationship best characterized by tension rather than cooperation

13. Theories of Federalism
COOPERATIVE FEDERALISM: national govt is supreme over the states, and should stretch its powers as much as possible; nat’l and state govts share functions and collaborate on major natl priorities
“marble cake federalism”

14. Theories of Federalism
Creative federalism: crosses government lines and connects officials working at different levels of government, characterized by crosscutting regulations
“picket fence federalism”

15. Theories of Federalism
New Federalism: AKA “on your own federalism;’ characterized by further devolution of power from natl to state government, deregulation, and difficulty of state to fulfill new mandates
1981-present

16. Theories of Federalism
FISCAL FEDERALISM: involves offer of money from natl govt to states in the form of grans to promote national ends such as public welfare, environmental standards, and educational improvements
Categorical grants
Block grants
Revenue sharing (few strings; abolished in 1986)

17. FISCAL FEDERALISM
-Categorical grants : national govt provided money to states for specific purposes and may be spent for only narrowly defined purposes; recipient often required to match federal funds
-used often during New Deal era
-expansion during Great Society
-criticized because of costly implementation procedures

18. FISCAL FEDERALISM
Block grants : combined several categorical grants in broad policy areas into one general grant
Began in mid 1960s
Preferred by states
Congress reluctant

19. DEVOLUTION
The transference of rights, powers, or responsibilities to another, especially from a central government to local authorities
Concept holds different meanings for different people
Some view it as federal govt abdicating responsibilities
Others view it as more freedom and flexibility for state and local govts to deal with issues that affect them

20. Supreme Court and Federalism
McCulloch v. Maryland :
Gibbons v. Ogden:
Dred Scott v. Sanford
Heart of Atlanta Motel v. U.S.
U.S. v. Lopez
Printz v. U.S.
U.S. v Morrison
Gonzalez v. Raich

21. Federalism in the News Today
Same-sex marriage
Medical marijuana
Affordable Health Care Act
State Immigration Laws