1. What is Federalism?
A way of organizing a nation so that two or more levels of government have formal authority over the land and people.
Advantages for Democracy
–Increasing access to government
–Local problems can be solved locally
–Hard for political parties / interest groups to dominate ALL politics
Disadvantages for Democracy
–States have different levels of service
–Local interest can counteract national interests
–Too many levels of government- too much money

2. Review Questions
Which of the following is viewed as an advantage of the many governments that characterize American federalism?
Having various levels of government, federal, state, and local, allows for the government to experiment with new policies on small scales before they bring it to large scale. I.E. Race to the Top

3. TYPES OF POWERS RECAP
POWER
DEFINITION
EXAMPLE
Enumerated/
(Expressed) Powers
Those the Constitution specifically grants to the federal government
borrow & make money, declare war, make treaties, judicial review
Implied (Elastic/ N& P Clause)
Those powers suggested by the expressed powers, something needed to be done in order to carry out an expressed power
National bank, the draft
Inherent
Powers that naturally belong to any government of a sovereign nation
Immigration, maintain borders
Reserved
states have authority over matters not present in the Constitution
Public schools, Business within the state, Elections, Est local gov’t
Concurrent
powers shared by the Federal
government and state governments in the Constitution
taxation, make laws, establish courts
CONGRESS - Borrow money, Make money, Declare war, Regulate trade, Establish a post office, Finance Military, Create federal courts, control immigration, implied powers
EXEC - Commander in chief, Make treaties, Grant pardons, Appoint federal judges, Appoint high offices in government
JUDICIAL - original jurisdiction in federal cases, judicial review

4. Types of Federalism/Eras
Dual Federalism:
Interpretation that limits powers to both national and state governments.
Sometimes referred to as layer cake federalism where there are clear divisions between "layers" or levels of government.
With dual federalism there is a strict definition of federal, state and local responsibilities.
Tends to lean towards national supremacy.
1789 -
1920s

5. Types of Federalism/Eras
Cooperative Federalism:
A system in which national, state, and local governments interact cooperatively, working jointly to solve common problems, rather than making policy separately.
Federalism is a marble cake in which all levels of government are involved in a variety of programs.
Shared costs & administration
States follow federal guidelines
Tends to favor states rights.
1930s -
1960s

6. Supreme Court Case, Gibbons v. Ogden
Review Question
Supreme Court Case, Gibbons v. Ogden
Defined interstate commerce as, commercial activity and federal authority

7. The Constitutional Basis of Federalism
Establishing National Supremacy
Implied Powers
Commerce Powers
The Civil War
The Struggle for Racial Equality
States’ Obligations to Each Other
Full Faith and Credit
Extradition
Privileges and Immunities
STATES
Full Faith and Credit
States cooperate by recognizing one another’s official acts. States must:
¡recognize other states’ civil laws
¡honor convictions, settlements, and decisions of courts in other states
¡honor other states’ official records
Privileges and Immunities
Extradition
Interstate Compacts

8. Full Faith and Credit Clause
That all states must recognize the laws, judicial proceedings, and regulations of other states
This has been a point of contention with same sex marriage

9. Increase the economic powers of the central government
Review Questions
As originally ratified, the US Constitution included provisions designed to...?
Increase the economic powers of the central government

10. Types of Federalism/Eras
Fiscal Federalism:
The pattern of spending, taxing, and providing grants in the federal system
Categorical Grants: Federal grants that can be used for specific purposes. They have strings attached
Project Grants- based on merit
Formula Grants: amount varies based on formulas
Block Grants: Federal grants given more or less automatically to support broad programs.

11. Categorical vs. Block Categorical grants
One form of aid from federal to state and local government
Grant finances particular policies
No state or local discretion
Administered by federal agencies
Block Grants
Form of aid from federal to state and local government
Grant finances broad array of policies
Substantial state and local discretion
Administered at state level
Advocated by Republican Presidents

12. Types of Federalism/Eras
Fiscal Federalism:
$300+ billion in grants every year
Universalism- a little something for everybody
Mandates are the “strings” attached to federal money
Unfunded mandates are requirements on state & local governments - but no money
States can petition for waivers

13. Review Question
In the 1800’s, the federal government compelled the states to raise their drinking age by?
The federal government created grants that threatened to withhold funds, specifically highway funds.
Example of Federal governments way to “force” states to comply

14. Types of Federalism/Eras
New Federalism:
New federalism originated in the early 1970s with the Nixon administration's Republican efforts to return federal administrative power to state governments
Later led to Reagan’s devolution (returning control to the states).
Supported by Supreme Court decisions, striking down federal laws/regulations that infringe on states' rights
1970s -
today

15. Republicans = less federal government = more states rights
Review Questions
Which aspect of fiscal federalism did Congress challenge with legislation after the Republican Revolution?
Republicans = less federal government = more states rights
IE. Having mandates that are not funded.

16. Federalism and the Scope of Government
Which level of government is best able to solve the problem?
Which level of government is best able to fund solutions to the problem?

17. TYPES OF GOV RECAP Unitary Confederate Federal Central
Holds primary authority
Regulates activities of states
Limited powers regarding states
Shares power with the states
State
Little or no powers
Regulated by central government
Sovereign
Allocate some duties to central government
Shares power with the central government
Citizens
Vote for central government officials
Vote for state government officials
Votes for both state & central officials

18. The Constitutional Basis of Federalism
Division of Power
The U.S. Constitution
Laws of Congress
Treaties
State Constitutions
State Laws
Constitution specifically says what the federal government can do, with all other powers going to the states and the people.
While states have many powers, in the end they must not conflict with the Constitution or Federal Law (supremacy clause)

19. Advantages? Primary advantages of state control
Federal ideal – diverse states provide real choices
Promotes competition across states
Revitalizes state government – governments only improve if stakes are high
Grassroots problem solving – involves local communities, tailored to local problems
Reduces federal bureaucracy
Primary advantages of federal control
Equity: benefits from education or social security not dependent on where you live
Economies of scale (one bureaucracy instead of fifty)
States cannot redistribute (competition for productive firms and workers creates incentives to reduce social welfare spending)
Many states have limited partisan competition
Many states are dominated by narrow economic interests