Federalism Definition: political system with local government units, besides national one that can make final decisions regarding some governmental activities and whose existence is protected

Governmental Structure Federalism –Political system –Local government can make decision and be protected Unitary System –Local government depends on the national government

Hot Issues Hot issues disputes over federalism Hot issues today –Gay marriage –Medical (coverage, drugs, social security) –Immigration

State Powers Under federalisms –Federal government has power over Economic issues Military Defense Under federalism –State government has power over issues that deal with Social Moral family

Positives and Negatives Negative view –Blocks progress and protects powerful local interest Positive view –Contributes to government strength Political flexibility Fosters individual liberty –Federalist Papers # 10 Small political units allow all relevant interest to be heard

Different political groups with different political purposes come to power in different places Federalism lowers the cost of political organization at the local level

National Powers State Powers Social Security Patriot Act Naturalization Health Care Education Discrimination IRS commerce License Gay marriage Immigration enforcement Elections

Federal Aid and Federal Control Condition of aid –What must be done if state receives aid Drinking age 21 Mandates –Federal rule –State and local government have little o no say Americans with Disabilities Act Civil Rights Act

Grants v. Revenue Sharing Categorical grants –For specific purposes Block grants –General purposes with few restrictions Revenue sharing –Can be spend on almost any governmental purpose

The Constitution 9 th Amendment –Enumerated powers 10 th Amendment All power not given to the national government Any power not prohibited to the states –Reserved to the states and the people Article I, section 9 –Congress can make the necessary and proper laws to carry out its enumerated powers

Hamilton's view: –national supremacy since Constitution supreme law Jefferson's view: –states' rights with the people as ultimate sovereign

McCulloch v. Maryland Could Congress charter a national bank –Yes The power is not in the Constitution “Necessary and Proper Clause” Could states tax the national bank –No “The power to tax is the power to destroy” National power supreme

Increasing National Power Gibbons v. Ogden (1824) –Commerce issues All intercourse between states created "dual federalism." –Dual federalism = bath national and state governments are supreme in their own spheres Today this is extinct Heart of Atlanta Motel v. US (1964) –Commerce clause Upheld the Civil Rights Act of 1964 This expanded the federal power –"Nullification" states cannot declare acts of Congress unconstitutional

What about the State Powers? By the late 20 th centaury –10 th Amendment ha little relevance Then came Lopez –Lopez v US (1995)