1. AP. Gov. Chapter 3

2. Chap. 3 Federalism strengthens Judicial System (it is needed to deal with fights between States and Feds) States have always been policy innovators No word “Federalism” in Constitution Supremacy Clause (Art. VI) ◦ 1. Const. ◦ 2. Laws of National Gov. ◦ 3. Treaties (only made by National Gov.)

3. (cont.) 10 th Amendment-States National Power goes up ◦ Elaboration of Implied Powers ◦ Definition of Commerce Clause ◦ Civil War ◦ Civil Rights Enumerated Powers Implied Powers-Necessary and Proper Clause (elastic clause)

4. (cont.) Commerce Power ◦ Congress regulates interstate/international commerce ◦ Increase Fed power ◦ U.S. v. Lopez/U.S. v. Morrison exceptions States dealing with each other ◦ Full Faith and Credit ◦ Extradition ◦ Privileges and Immunities

5. (cont.) History of Federalism ◦ Nationalism (Marshall Court) ◦ Dual I and II ◦ Cooperative (FDR) ◦ Creative (Grants) (LBJ) ◦ Devolution or New Federalism (Reagan) ◦ Competitive or Fiscal (Mandates) (9/11) Fiscal Federalism ◦ Grants  Block  Categorical  Project  Formula ◦ Mandates  Funded  Unfunded

6. (cont.) Goods of Federalism ◦ Access (run for city council) ◦ Interests (Copper minors in Montana) ◦ Party Success (Republicans winning nationally, Democrats winning in your state) Bads of Federalism ◦ Unfair (funding for educ. in poor states) ◦ Diversity in policy can discourage states from providing services (good welfare program…poor people will move to your state) ◦ Slow to reform (Southern States slowing the Civil Rights movement) ◦ Size of Gov. (90,000 Govs in U.S.) *As we have shifted from agrarian to industrial nation, the need for Federal power had increased