2. 3 The Federal System

3. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/OConner_Ch03_Federalism_Seg1_ v2.html 3 Video: The Big Picture

4. Trace the roots of the federal system and the Constitution’s allocation of powers between the national and state governments Determine the impact of the Marshall Court on federalism 3.1 3.2 3 Learning Objectives

5. Describe the emergence and decline of dual federalism Explain how cooperative federalism led to the growth of the national government at the expense of the states 3.3 3.4 3 Learning Objectives

6. Describe how the federal budget is used to further influence state and local governmental policies Explore the role of the judiciary as arbiter of federal–state conflicts 3.5 3.6 3 Learning Objectives

7. Assess the challenges in balancing national and state powers and the consequences for policy making 3.7 3 Learning Objectives

8. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg2_Federalism_v2.html 3 Video: The Basics

9. Roots of the Federal System  National Powers Under the Constitution  State Powers Under the Constitution  Concurrent Powers Under the Constitution  Powers Denied Under the Constitution  Interstate Relations Under the Constitution  Local Governments Under the Constitution 3.1

10. National Powers Under the Constitution  Enumerated powers Coin money Conduct foreign relations Provide for army and navy Declare war Collect duties and taxes  Necessary and proper clause (elastic) Enact laws for exercising enumerated powers Implied powers  Supremacy clause 3.1

11. FIGURE 3.1: Where does governmental authority come from? 3.1

12. When do national and state governments work together? 3.1

13. State Powers Under the Constitution  State powers not enumerated  Tenth Amendment Reserved powers 3.1

14. Concurrent Powers Under the Constitution  Overlapping powers Power to tax Borrow money Establish courts Charter banks Spend money for general welfare 3.1

15. FIGURE 3.2: How is governmental power distributed in the federal system? 3.1

16. Powers Denied Under the Constitution  No state favoritism  No titles of nobility  Bills of attainder  Ex post facto laws 3.1

17. Interstate Relations Under the Constitution  Supreme Court settles disputes  Full faith and credit clause  Privileges and immunities clause  Extradition clause  Interstate compacts 3.1

18. Local Governments Under the Constitution  No power under Constitution  Operate under state charter (Dillon’s Rule, 1868)  Counties  Municipalities  Towns  Special districts Most numerous form of government 3.1

19. FIGURE 3.3: How many governments exist in the United States? 3.1

20. a.The states b.The people c.The president d.The federal legislature (Congress) 3.1 3.1 What is the source of governmental authority in the U.S. federal system?

21. 3.1 3.1 What is the source of governmental authority in the U.S. federal system? a.The states b.The people c.The president d.The federal legislature (Congress)

22. Explore the Simulation: You Are a Federal Judge http://media.pearsoncmg.com/long/long_longman_media _1/2013_mpsl_sim/simulation.html?simulaURL=3 3.1

23. Federalism and the Marshall Court  Defining National Power: McCulloch v. Maryland (1819)  Affirming National Power: Gibbons v. Ogden (1824)  Limiting the Bill of Rights: Barron v. Baltimore (1833) 3.2

24. Defining National Power: McCulloch v. Maryland (1819)  First Court decision to define national and state government relationship  Could Congress charter a bank?  Could states tax it? 3.2

25. Affirming National Power: Gibbons v. Ogden (1824)  Congress’s authority under commerce clause disputed Power to regulate just products or commercial activity too?  Ruling: Congress can regulate commercial activity New York had no authority to grant monopoly 3.2

26. Limiting the Bill of Rights: Barron v. Baltimore (1833)  Due process clause Guaranteed by Fifth Amendment Action by state, not federal, government caused damages Federal government not at fault for state actions 3.2

27. 3.2 Which Supreme Court cases restricted the powers of the national government? a.Barron v. Baltimore (1833) b.McCulloch v. Maryland (1819) c.Gibbons v. Ogden (1824) d.None of the above

28. 3.2 3.2 Which Supreme Court cases restricted the powers of the national government? a.Barron v. Baltimore (1833) b.McCulloch v. Maryland (1819) c.Gibbons v. Ogden (1824) d.None of the above

29. Dual Federalism: States’ Rights, the Civil War, and Reconstruction  States Assert Their Powers: Nullification  States’ Rights and the Dred Scott Decision  Reconstruction and the Transformation of Dual Federalism  Amending the National-State Relationship 3.3

30. States Assert Their Powers: Nullification  Nullification States declare federal laws invalid  Alien and Sedition Acts (1798) Unconstitutional  “Tariff of Abominations” (1828)  Southern states use nullification to resist anti-slavery laws 3.3

31. States’ Rights and the Dred Scott Decision  Dred Scott v. Sandford (1857) Slaves were property, not citizens Congress could not ban slavery in new territories Enhanced states’ power 3.3

32. Reconstruction and the Transformation of Dual Federalism  Nullification, dual federalism destroyed by Civil War  Reconstruction New state constitutions  Supreme Court limits state power Monopolies outlawed 3.3

33. How did the relationship between state and federal governments change after the Civil War? 3.3

34. Amending the National-State Relationship  Sixteenth Amendment Money is power  Seventeenth Amendment (1913) Direct election of senators 3.3

35. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg3_Federalism_v2.html 3.3 Video: In Context

36. 3.3 3.3 The theory that states can refuse to abide by federal laws violates what clause of the Constitution? a.Supremacy clause b.Necessary and Proper clause c.First Amendment d.Full Faith and Credit clause

37. 3.3 3.3 The theory that states can refuse to abide by federal laws violates what clause of the Constitution? a.Supremacy clause b.Necessary and Proper clause c.First Amendment d.Full Faith and Credit clause

38. Cooperative Federalism: Growth of National Government  Cooperative Federalism Marble cake versus layer cake  Need for National Action Arises: The New Deal 3.4

39. Need for National Action Arises: The New Deal  Great Depression  New Deal programs increased federal authority States could not solve these problems on their own  Local government involvement  Constitutional challenges 3.4

40. How did FDR’s actions change conceptions about federalism? 3.4

41. 3.4 What do we call the type of federalism that developed in the 1930s? a.New Deal federalism b.Progressive federalism c.Layer cake federalism d.Cooperative federalism

42. 3.4 3.4 What do we call the type of federalism that developed in the 1930s? a.New Deal federalism b.Progressive federalism c.Layer cake federalism d.Cooperative federalism

43. Federal Grants to State and Local Governments  Categorical Grants  Block Grants  Programmatic Requests 3.5

44. Categorical Grants  Grants serve 3 purposes Provide funds Address national problems like clean air Redistribute funds between rich and poor states  Categorical grants are for specific purpose 3.5

45. Block Grants  Block grants less restrictive Give states more discretion in spending funds Devolution revolution 3.5

46. Unfunded Mandates  No Child Left Behind (2001)  Unfunded Mandates Reform Act of 1995 3.5

47. Who supported scaling back the federal government and increasing the use of block grants? 3.5

48. Programmatic Requests  Funds earmarked for specific projects within states  Secured by lobbyists or members of Congress for their districts Bringing the pork back home 3.5

49. 3.5 How do block grants differ from categorical grants? a.They provide less money to states. b.They provide more money to states. c.They have fewer restrictions on how they are spent d.They have more restrictions on how they are spent

50. 3.5 3.5 How do block grants differ from categorical grants? a.They provide less money to states. b.They provide more money to states. c.They have fewer restrictions on how they are spent d.They have more restrictions on how they are spent

51. Video: Thinking Like a Political Scientist http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg4_Federalism_v2.html 3.5

52. Explore Federalism: Which States Win or Lose in the Federal Aid Game? http://media.pearsoncmg.com/long/long_oconnor_mpslag _12/pex/pex3.html 3.5

53. Judicial Federalism  The Rehnquist Court  The Roberts Court 3.6

54. The Rehnquist Court  Appointed by Reagan  Committed to states’ rights  Rolled back federal authority U.S. v. Lopez (1995) 3.6

55. The Roberts Court  Has decided with federal government Immigration Health care reform 3.6

56. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg5_Federalism_v2.html 3.6 Video: In the Real World

57. 3.6 3.6 From the New Deal until the 1980s, the attitude of the Court toward federal authority was a.To expand it b.To limit it c.To expand it in one or two areas only d.To keep the balance as the Framers intended in the 1780s

58. 3.6 3.6 From the New Deal until the 1980s, the attitude of the Court toward federal authority was a.To expand it b.To limit it c.To expand it in one or two areas only d.To keep the balance as the Framers intended in the 1780s

59. Toward Reform: Attempts to Balance National and State Power  Price of Federalism  Progressive Federalism 3.7

60. Price of Federalism  Redistributive policies Provide services such as health care to citizens  Developmental policies. Build roads or infrastructure 3.7

61. Progressive Federalism  Pragmatic approach Coercion and cooperation  “Free-for-all” federalism 50 state standards costly and difficult 3.7

62. How do views on the role of government change? 3.7

63. 3.7 What is the main argument against cooperative federalism? a.States legislatures unable agree on state standards b.National standards too hard for poor states to meet c.Costly to comply with differing state standards d.Difficult to reach consensus on national standards

64. 3.7 3.7 What is the main argument against cooperative federalism? a.States legislatures unable agree on state standards b.National standards too hard for poor states to meet c.Costly to comply with differing state standards d.Difficult to reach consensus on national standards

65. Discussion Question Did the Framers intend for federal or state governments to be supreme in the federal system? How has the balance of power between state and federal governments shifted? Why have these changes occurred? 3

66. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/OConner_Ch03_Federalism_Seg6 _v 3 Video: So What?

67. Further Review: On MyPoliSciLab 3  Listen to the Chapter  Study and Review the Flashcards  Study and Review the Practice Tests