1. Federalism
DO NOW Nikki Haley, the governor of South Carolina, has called for the removal of a Confederate flag from the state capitol's grounds. It will take a majority vote in the state legislature to remove the flag. The flag was embraced by Dylann Roof, the man accused of killing nine black people in a church last week. The Sons of Confederate Veterans, a group that says it supports “heritage, not hate”, says it will fight attempts to remove the flag. What does this controversy suggest about regional divisions in the United States?

2. The Pledge of Allegiance
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

3. The Pledge of Allegiance - Texas
Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.

4. The Pledge of Allegiance – Latvaria
I pledge allegiance to the flag of Latvaria and to the dominion for which it stands; one nation, under Doom, invincible and indivisible.

5. Learning objectives
To describe the origins and development of federal government
To explain the relationship between expressed, reserved and concurrent powers
To evaluate the consequences of Federalism for the United States

6. Learning resource
‘Crash Course’ has recently uploaded an entire new sequence of lessons on US Government & Politics
Your lives just got a lot easier

7. Write a definition of federalism using 30 words or fewer
What is Federalism?
Write a definition of federalism using 30 words or fewer

8. What is Federalism?
A political principle according to which sovereign powers is shared between national and state governments.

9. How does Federalism work?
Copyright laws
Draw a Venn diagram with two large circles and a good-sized intersect. Use the powers listed opposite to complete the diagram in order to show the relationship between expressed, reserved and concurrent powers in the United States.
Declare war
Charter banks
Set foreign policy
Build roads
Est. armed forces
Conduct elections
Maintain schools
Criminal justice
Borrow money
Print money
Ratify treaties
Est. post offices
Regulate intra-state trade
Provide for public safety
Regulate inter-state trade
Est. local government

10. Expressed powers delegated to the federal government
Powers reserved by the state governments
Concurrent (shared) powers
Copyright laws
Maintain schools
Declare war
Conduct elections
Charter banks
Set foreign policy
Borrow money
Est. armed forces
Regulate intra-state trade
Criminal justice
Ratify treaties
Est. local government
Est. post offices
Build roads
Regulate inter-state trade
Provide for public safety
Print money

11. 50 self- governing states (and several territories)

12. Federalism in Action
We are going to investigate three different examples of Federalism in action
After each example, write down on your Post-it notes any consequences that occur to you for life in the United States
We will revisit these consequences towards the end of the lesson

13. Federalism in Action 1
Watch the video footage. What does this suggest about the extent of Federalism in the USA?

14. What does this map show? Work with a partner. You have two minutes.
Click for the answer
What does this map show? Work with a partner. You have two minutes.

15. “… crossing a state boundary can involve ‘stepping into another moral universe’. Oral sex for example, was illegal in 15 of the 50 states as late as Adultery remained a crime in 24 of them. Eight states had prohibited the sale, though not the use of ‘marital aids’. Thirty-three states had no statute relating to fornication, but in 17 it was considered a misdemeanour or felony. Incest was a felony in 48 states but only a misdemeanour in Virginia and did not even merit a statute in Rhode Island. Prostitution was only a misdemeanour in most states but the strongest condemnatory language in American sex law was reserved for sodomy, although 23 states had no statutes at all pertaining to the practice. Theoretically the state of Alabama allows sex with donkeys and corpses (no law exists against either bestiality or necrophilia), but punishes oral sex between husbands and wives.”
From R. Singh, American Government & Politics: A Concise Introduction (2003) p243
Post-it notes
What does this extract and the previous example tell you about Federalism in the United States?

16. Don’t forget local government
There are more than 87,000 units of local government in the United States today.
Each of these local units is located within one of the 50 States. Each State has created these units through its constitution and laws.
Local governments, since they are created by States, are exercising State law through their own means.

17. Origins of Federalism
The Framers of the Constitution were dedicated to the concept of limited government. They were convinced:
that governmental power poses a threat to individual liberty
that therefore the exercise of governmental power must be restrained; and
that to divide governmental power, as federalism does, is to curb it and so prevent its abuse.

18. Origins of Federalism
However, Federalism as a word is not mentioned in the Constitution.
Federalism instead is implied throughout the Constitution. For example ... the division of government into three distinct groups ... the President is Commander-in-Chief ... Congress raises taxes etc ... i.e. power is dispersed and checked and balanced
The 10th Amendment reserved all remaining powers to the States and the people

19. The Federalist Papers
The Federalists were a group that supported a strong federal government
Argued for their viewpoint by writing the Federalist papers
Led by three men
Alexander Hamilton
James Madison
John Jay
FP written to argue for the ratification of the Constitution by New York State

20. The Authors
The papers’ authors were or became powerful political figures
Madison became a leading member of the U.S. House of Representatives from Virginia (1789–1797), Secretary of State (1801–1809), and ultimately the fourth President of the United States.
Hamilton, who had been a leading advocate of national constitutional reform throughout the 1780s and represented New York at the Constitutional Convention, in 1789 became the first Secretary of the Treasury, a post he held until his resignation in 1795.
John Jay, who had been secretary for foreign affairs under the Articles of Confederation from 1784 through their expiration in 1789, became the first Chief Justice of the United States in 1789, stepping down in 1795 to accept election as governor of New York, a post he held for two terms, retiring in 1801.

21. The Federalist Papers (cont’d)
A series of 85 letters to the editor; 77 eventually published
All letters were signed “Publius” in honor of a Roman Consul
All letters attempted to persuade people to ratify the Constitution
Controversial because of opposition to Bill of Rights

22. The Anti-Federalists
Opposed the strong federal government that was laid out in the Constitution
Favored local governments closely controlled by the people.
Led by Patrick Henry and included others like: Sam Adams, George Mason, James Monroe
Thomas Jefferson showed Anti-Federalist ideas, but did not join the movement (was living in France at the time)

23. An ever-changing union
Westward Expansion
From 13 colonies to 50 states
Growth in Population
4 mn in 1790 to 321 mn in 2014
Industrialisation
Need for government regulation
Communication
As the nation grew, it shrank
Events
The Great Depression

24. An ever-changing union
Foreign Policy
Second World War caused the need for centralised planning
Supreme Court Decisions
Decisions on the meaning of the constitution alter the role of the Federal Government
Constitutional Amendments
These can alter the powers of States or Federal Government

25. Phases of Federalism
Take a full page in your exercise books. Copy and complete the table below based on pp27-32 of the A2 text book.
Phase
Years
1930s-60s
1970s-2000s
2008 to date
Key features

26. Dual Federalism 1780-1920 Large Focus on States Rights
Associated with a collection of ‘unknown presidents’
Large Focus on States Rights
Federal Government limited to Money, War and Peace
Layer Cake Federalism
Divisions in Political Power are Clear Cut
Dual federalism – first 150 years of the USA (1780s – 1920s) – during these years the state governments exercised the most political power – the main focus was on states rights – federal government was limited to mainly issues on money, war and peace. This was known as ‘layer-cake’ federalism because the federal and state governments had distinct areas of responsibility.

27. Cooperative Federalism
1930s – 1960s
Franklin Roosevelt, Harry Truman, John Kennedy, Lyndon Johnson
Majority of the Presidents were Democrats
New Departments
Defence (1949), Health, Education, & Welfare (1953), Transportation (1966)
Large Increase in Categorical Grants
Grants allocated to states by Federal Government for specific projects
Marble Cake
Division in Political Power are less clear cut
Cooperative federalism – (1930s -1960s) this was caused mainly by the Wall Street Crash and the Great Depression – this was when the state and federal governments worked together to solve the problems facing the country. Eg. poverty, health, education, transport and national security. The role of the federal government increased – more departments were introduced eg. defence, health, welfare and education. There were more federal schemes and grants. The federal government had more of a role in several policy areas they hadn’t before eg. education, transport and welfare. This became known as ‘Marble-cake federalism because the two levels of government had become mixed.

28. New Federalism 1970s-2000 Shift back to State Power
Nixon, Ford, Reagan, Bush and Clinton
Majority of the Presidents were Republicans
Shift back to State Power
The Federal Government did not create the States; the States created the Federal Government
Large Increase in Block Grants
Grants allocated to states by Federal Government for non specific purposes or general areas
New federalism – (final three decades of the 20th century) – this era saw a rise in grants – money from the federal government to the states to use within policy areas. There was a move towards decentralisation. This came under four Republican presidents (Nixon, Ford, Regan and Bush). There were five reasons for this :
the federal programmes (new deal/great society) hadn’t been successful – waste of money.
The federal government had failed to tackle social issues (gun crime, drugs, abortion).
There was a growing distrust of “Washington politicians” – the Watergate affair, the Vietnam war – all lowered the trust of politicians.
Mostly associated with the Republican party – the Republican presidents, Congress and state governors allowed the party to put these policies in order.

29. Federalism Under ‘Dubbya’
Government spending increased by 33% in 01-05
Iraq War
Homeland Security
Expansions of Medicare & Education
No Child Left behind
Wall Street and Banking Collapse
Under George Bush –
It was expected that he would continue the move towards shrinking the size of the federal government and to decentralisation HOWEVER he didn’t.
There were five reasons for this; the Iraq War, homeland security, expansions of both Medicare and education programmes and the Wall Street and banking collapse of 2008.

30. Federalism Under Obama
Expansion of Federal Government Role
Obama Care
GM Bailouts
BUT:
Willing to allow states to pursue goals – pollution permits in California
However:
Only does this when it suits him to do so!
Obama has a domestic focus
The ratio of state an local government to federal employees highest since the 1930’s and the New Deal
Federal assistance to states has increased from 3.7% GDP to 4.6% GDP
Federal money accounted for 30% of state spending in 2009
$246 billion of $787 billion of Economic Stimulus went to states compared to $20 billion under Bush in 2003
Why its different
An increase in Federal spending due to
State Children’s Health Insurance Programme
Expansion of Medicaid – Health care reform
Higher education expenditure (Pell Grants 2010)
$4.35 billion invested in Race to the Top programme to boost education in states.
Obama widely criticised by Republicans who saw his healthcare reforms as the end of federalism and even socialist (Tea Party) midterm elections 74% of Republicans and 60% of Independents agreed that “the federal government is doing too many things best left to business and individuals”

31. The Supremacy Clause
The Supremacy Clause in the Constitution establishes the Constitution and United States laws as the “supreme Law of the Land”.

32. Pros and cons of Federalism
Sort the cards into two columns:
One listing the pros of Federalism
One listing the cons of Federalism
Try to rank each column in order of importance. Be prepared to explain your ranking.

33. Pros
Cons
Federalism permits diversity
Federalism can hide economic and social inequalities
Federalism is pluralist—it allows for different political actors with different political views—much like American society as a whole
Federalism frustrates the national will, making solutions to problems harder to devise and/or implement
Federalism increases the protection of individual and minority rights
Federalism is a constant source of conflict between states and government
States can function as ‘policy labs’, e.g. the introduction of pollution permits in California
Federalism is highly bureaucratic, therefore creating a costly system that is resistant to change
Federalism is well-suited to a geographically large and ethnically diverse nation

34. Consequences of Federalism
Watch the video footage. Does this affect your view of the pros and cons of Federalism?

35. Consequences of Federalism
Read through the briefing on the 2001 Patriot Act.
How does this illustrate the changing relationship between the federal and state governments?

36. Consequences of Federalism
USA Patriot Act 2001
Unites and strengthens America
Provides appropriate tools required to intercept and obstruct terrorism
Impinges on Civil Liberties
Extensive powers given to FBI
Guantanamo Bay detainees without proper trial.

37. Consequences of Federalism
Legal—laws differ greatly between states, including on issues of vital importance to people’s lives
Political—states have different electoral systems, different candidate selection processes; parties are state-based
Economic—the US tax system is complex: difficult to understand and (arguably) easy to manipulate
Regionalism—distinct cultures-can frustrate federal policy, e.g. civil rights reform

38. Plenary
How far do you think the Founding Fathers’ concept of a federal state has been upheld?

39. Any
Questions?
@Lrdswd_Politics

40. How far do you think the Founding Fathers’ concept of a federal state has been upheld?
Evidence of move towards centre
Evidence of continuing significance of federalism

41. How far do you think the Founding Fathers’ concept of a federal state has been upheld?
Essay Planning
What were the FF’s beliefs?
Growth of Federal power
Stages of federalism
Bush /Obama federalism
Protected states rights (research Gonzales v Oregon)
Liberal/conservatives position
Effects of economic domestic/and international crisis

42. The US Constitution allows each citizen the right to bare arms.
Why do different states do different things if there is a constitution
U.S. citizens, except for convicted felons and those found mentally disabled, have the right to possess firearms. Citizens in most States may carry a handgun or other weapon in public in a concealed or open manner, either on one's person or in proximity, however many states and cities heavily restrict this. Some jurisdictions require a permit for concealed carry, but most jurisdictions do not require a permit for open carry, if allowed. A small number of states and localities may require licenses to own or purchase guns and ammunition.

43. Any
Questions?
@Lrdswd_Politics

44. Student resources

45. What does this extract tell you about Federalism in the United States?
“… crossing a state boundary can involve ‘stepping into another moral universe’. Oral sex for example, was illegal in 15 of the 50 states as late as Adultery remained a crime in 24 of them. Eight states had prohibited the sale, though not the use of ‘marital aids’. Thirty-three states had no statute relating to fornication, but in 17 it was considered a misdemeanour or felony. Incest was a felony in 48 states but only a misdemeanour in Virginia and did not even merit a statute in Rhode Island. Prostitution was only a misdemeanour in most states but the strongest condemnatory language in American sex law was reserved for sodomy, although 23 states had no statutes at all pertaining to the practice. Theoretically the state of Alabama allows sex with donkeys and corpses (no law exists against either bestiality or necrophilia), but punishes oral sex between husbands and wives.”
From R. Singh, American Government & Politics: A Concise Introduction (2003) p243
What does this extract tell you about Federalism in the United States?

46. The USA PATRIOT Act (commonly known as the "Patriot Act") is an Act of the U.S. Congress and signed into law by President George W. Bush on October 26, The title of the Act is a contrived acronym, which stands for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001.
The Act dramatically expanded law enforcement agencies' ability to search telephone, communications, medical, financial, and other records; eased restrictions on foreign intelligence gathering within the United States; expanded the Secretary of the Treasury’s authority to regulate financial transactions, particularly those involving foreign individuals and entities; and broadened the discretion of law enforcement and immigration authorities in detaining and deporting people suspected of terrorism-related acts. The act also expanded the definition of terrorism to include domestic terrorism, thus enlarging the number of activities to which the USA PATRIOT Act’s expanded law enforcement powers could be applied.
The Act was passed by wide margins in both houses of Congress and was supported by members of both the Republican and Democratic parties. Many of the act's provisions were to sunset beginning December 31, 2005, approximately four years after its passage. In the months preceding the sunset date, supporters of the act pushed to make its sunsetting provisions permanent, while critics sought to revise various sections to enhance civil liberty protections. In July 2005, the U.S. Senate passed a reauthorization bill with substantial changes to several sections of the act, while the House reauthorization bill kept most of the act's original language. The two bills were then reconciled in a conference committee that was criticized by Senators from both the Republican and Democratic parties for ignoring civil liberty concerns. The bill, which removed most of the changes from the Senate version, passed Congress on March 2, 2006, and was signed into law by President George W. Bush on March 9 and 10, 2006.

47. Federalism permits diversity
Federalism can hide economic and social inequalities
Federalism is pluralist—it allows for different political actors with different political views—much like American society as a whole
Federalism frustrates the national will, making solutions to problems harder to devise and/or implement
Federalism increases the protection of individual and minority rights
Federalism is a constant source of conflict between states and government
States can function as ‘policy labs’, e.g. the introduction of pollution permits in California
Federalism is highly bureaucratic, therefore creating a costly system that is resistant to change
Federalism is well-suited to a geographically large and ethnically diverse nation

48. Expressed powers delegated to the federal government
Powers reserved by the state governments
Concurrent (shared) powers