Definition Why have a federalist system? How It Works Yeah...Nullify This! Historic Influences Conflict How Could You Oppose the Constitution? Stages of federalism Systems

Federalism: Federalism is the division of power between a national government and state governments.

1. Federal government has very specific powers listed in the Constitution. (expressed or ennumerated powers) Ex: war, print $. 2. Federal government also has powers that are “necessary and proper” to carry out expressed powers. (inherent powers) See McCulluch v. Maryland 3. Supremacy Clause: Article VI: Constitution is the highest law in the land.

1. Separate and balance: Federal Level Legislative Executive Judicial State Level Legislative Executive Judicial 3 Branches, 2 Levels

1. Madison wanted to prevent factions (groups) from gaining too much power. 2. Prevents tyranny by spreading power between not only fed-states, but also between the branches. 3. Historical influenced had a tremendous impact on this.

1. King George III: afraid of another strong central authority. 2. Articles of Confederation: too decentralized; no judicial branch; nothing got done. 3. McCulloch v. Maryland: federal government can create a bank, because it is “necessary and proper” to carry out the power to tax.

Reserved Powers (10 th Amendment) “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States.” 1. States traditionally take care of voting, marriage, education, interstate commerce, etc. 2. Some powers, however are shared. (concurrent powers) See Chart See Chart

What the Federalists Were For 1. A powerful central government. 2. Government “filtered” from popular control. 3. A potentially expansive central government that could govern a large country. What the Anti-Federalists Were For 1. The retention of state sovereignty and strength. 2. More popular control of state-run governments. 3. Fidelity to traditional notions of republicanism.

 The Civil War: 1789 to 1865 Federal vs. state control: slavery Nullification: states felt they could ignore laws they did not like. Um…no: states have no judicial review power.  Dual Federalism and Laissez-Faire Capitalism: 1865 – 1933

The Great Depression: 1930s – 1960s Massive federal control: attempt to fix the economy Devolution: 1980s to present Returning power back to the states (sort of)

 Dual Federalism  Definition: A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. More state control.  Like a layer cake. Each layer had clearly defined powers and responsibilities.  Ended in the 1930s: Great Depression (FDR)

 Cooperative Federalism  Definition: A system of government in which powers and policy assignments are shared between states and the national government.  Shared costs  Shared administration  States follow federal guidelines

 Cooperative Federalism The national government would ensure state cooperation with federal policies by offering grants- in-aid. Block grants are given to states for general purposes and allow state officials greater discretion over how funds will be spent. Categorical grants are given to states for more specific purposes and most of the discretion remains in the hands of federal officials.