1. FEDERALISM Chapter 3 How does this cartoon reflect the
concept of federalism?

2. NUMER OF GOVERNMENTS IN THE U.S.

3. The national government and state governments derive all authority from the people.
Local and regional governments derive all authority from a strong national government.
U.S. was the first country to adopt a federal system of govt.
National government derives power from states; weak national government.

4. FEDERALISM:
Two or more levels of government have formal authority over the same area and people…another system of checks & balances!
There is a decentralization or DEVOLUTION of government power; a “sharing of the wealth” and gov’t power.
Do state gov’ts influence the federal gov’t?
Does the federal gov’t influence state gov’ts?
What obligation does the federal gov’t have to states?
protect the states against violence & invasion
The federal system decentralizes our politics and our policies (in addition to our politics)
With more layers of govt, there are more opps for political participation.
Almost every policy the national government has adopted had its beginnings in the states – they are the innovators (child labor, minimum wage, unemployment, civil rights,…..)
States are responsible for most public policies dealing with social, family and moral issues – and they can be testing grounds for new policies that can become national issues. Unemployment compensation started in Wisconsin; air pollution control started in CA
Candy Lightner and MADD proves that the national government can also influence state policy – federal requirement that states raise drinking age to 21 to be able to receive federal highway funds.
What obligations does fed. govt have toward the states?
protect the states against violence and invasion
NOTE: THE WORD ‘FEDERALISM’ IS NOT IN THE CONSTITUTION.

5. Why was federalism the only real choice for the framers?
Citizens too spread out to have a unitary gov’t
No other practical choice since transportation & communication systems too primitive to allow governing from a central location
The Confederation had clearly failed.
American’s loyalty to state gov’ts was stronger than it was to the U.S. government
If they tried to abolish state governments, the Constitution would not have been ratified.
Eighteenth century Americans had little experience in thinking of themselves as Americans first and state citizens second – it was just the opposite.
So state traditions and local power retained while, at the same time, establishing a strong national gov’t capable of handling common problems

6. National/Federal Powers under the Constitution
ENUMERATED
A/k/a Delegated or Expressed powers
17 specific powers granted to Congress by Art. I, Sec. 8 of the U.S. Constitution including:
Taxation
Coinage of money
Regulation of interstate commerce
National defense / Declare War
May also be referred to as exclusive powers.
Basically 4 types in the Constitution: powers to national gov’t (expressed & implied); powers to state gov’ts (reserved); concurrent powers; and prohibited powers.

7. Implied Powers
Additional powers of federal gov’t that are implied to make Congress’ expressed powers work
Source: Elastic Clause
Congress may pass any law “necessary and proper” for carrying out its expressed powers
IRS is a good example
Explain – Congress’ power to set up the IRS is implied from what expressed power Congress has?
National Bank issue
Congress establishes a civil service system to hire federal workers.

8. Enumerated Powers of Congress
Article I, Section. 8. 
The Congress shall have Power
1-To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; 
2-To borrow Money on the credit of the United States; 
3-To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; 
4-To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; 
5- To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; 
6- To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; 
7-To establish Post Offices and post Roads; 
8-To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
9-To constitute Tribunals inferior to the supreme Court;
10--To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; 
11-To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; 
12-To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; 
13-To provide and maintain a Navy; 
14- To make Rules for the Government and Regulation of the land and naval Forces; 
15-To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; 
16-To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; 
17-To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for  the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And 
18-To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. 
Enumerated Powers of Congress

9. Inherent Powers
Not listed; powers a sovereign gov’t has just because it is a gov’t
Examples would be power to control nation’s borders, acquire new territories, determine citizenship laws, defend the nation, etc.

10. Reserved Powers of the States
10TH AMENDMENT
Powers not delegated to federal government in Constitution nor prohibited to the states are reserved to the states
STATES HAVE POWER TO:
regulate intrastate commerce, provide for the public safety, establish local governments, conduct and establish rules for elections, and originally even determined voter qualifications

11. Concurrent Powers
Powers that are shared by both federal and state governments
Tax
Borrow Money
Create Banks
Establish courts
Education?

12. Identify whether the activities below are powers of the federal gov’t, state governments, or both and explain your rationale for each choice.
Issue driver’s licenses
Determine length of the school year
Maintain the Air Force & Coast Guard
Clean up water pollution in rivers & lakes
Tax individual & corporate income
Set up the process early voting in presidential elections
Establish a lottery system

16. Denied Powers States cannot Congress cannot
Favor one state over another in regulating commerce
Cannot charge duties on items exported from any state
Cannot pass a bill of attainder
No ex post facto laws
States cannot
Enter into treaties
Coin money
No ex post facto laws – meaning?
Impair obligation of contracts
Cannot enter into compacts with other states without congressional approval
Denied the authority to take arbitrary actions affecting constitutional rights and liberties
Cannot pass a bill of attainder

17. Supremacy Who rules in a conflict – federal or state?
Art VI- Supremacy Clause
Provides that supreme law of the land is made up of:
THE CONSTITUTION
Laws of the federal government
Treaties of the U.S.

18. Four historical events have settled the issue of federal/state supremacy:
Doctrine of implied powers (McCulloch)
Definition of the commerce clause (Gibbons)
The Civil War
The Civil Rights Movement

19. Federalism and the Marshall Court
3 rulings in the early 1800s had a major impact on the balance of power between national & state governments.
McCulloch v. Maryland (1819)
Upheld power of national government and denied the right of a state to tax the national bank
Gibbons v. Ogden (1824)
Upheld broad congressional power to regulate interstate commerce
Barron V Baltimore (1833)
5th Amendment (due process) doesn’t apply to actions by states, limited Bill of Rights actions to Congress

20. “The power to tax is the power to destroy.”
McCulloch v. Maryland, 1819
Supremacy clause & implied powers of national government upheld!
State of Maryland tried to tax the Baltimore branch of the national Bank of the U.S.
McCulloch (officer at Bank) refused to pay the tax
Marshall’s ruling:
States may not tax a federal agency (due to Art. VI-supremacy clase)
“Elastic clause” gives Congress the Necessary and Proper powers (implied powers) to enact policies to run the country (the Bank!)
This case is almost ALWAYS on the test and has been tested on BOTH aspects of the ruling – supremacy & upholding of implied powers
McCulloch v Maryland (1819) – the case that first brought the issue of state versus national power before the Supreme Court
In this case, the Supreme Court ruled that national policies take precedence over state policies: Chief Justice John Marshall wrote that “the government of the United States, though limited in its power, is supreme within its sphere of action.”
The Court also ruled that the Constitution gives Congress certain implied powers – THE BANK! (based on the provision granting Congress the power to “make all laws necessary and proper for carrying into execution the foregoing powers”) that go beyond the enumerated powers that are specifically listed in Article I, Section 8 (chart page 71)

21. Watch the Medical Marijuana Federal vs. State power video (4 min
Watch the Medical Marijuana Federal vs. State power video (4 min.) at the following link: Make sure that you understand the McCulloch v. Maryland case. You will need to explain it in your own words in tomorrow’s class activity. Find a Venn Diagram showing National Powers State Powers and the overlapping Concurrent Powers and copy and paste it. Make sure you can identify some of each type of power.