Unit 2: Federalism Lecture & Discussion 1: The Division of Power

Objective To define federalism and understand how its interpretation resulted in divergent perspectives on the relations between the national government and the states.

Do Now Analyze the cartoon and respond to the prompts: What is the topic? What is the cartoonist message? Do you agree or disagree? Explain.

A. What is Federalism? Sovereignty and Government unitary system: sovereignty is in the hands of the national government confederal system: sovereignty is in the hands of the local or state governments federal system: sovereignty is shared between national and state governments

Sovereignty and Government Unitary Confederal Federal Central Central Central Local Local Local China Great Britain Articles of Confederation European Union United States Canada

A. What is Federalism? Dividing Governmental Powers delegated powers: powers given to the national government (enumerated powers, implied powers, and inherent powers) reserved powers: powers given to the state governments concurrent powers: powers shared by the national and state governments

B. The Founding Divergent Views at Convention dispute over proper division of power between new central government and existing states Feds sought powerful national government, while Anti-Feds feared strong government would threaten independence of states adoption of federalism was seen as a solution

B. The Founding A Novel Idea two governments exercising power and authority over same people in same territory both governments would have certain powers but neither would be supreme over the other national government would address aggregate concerns while state governments would attend to local matters

B. The Founding Constitutional Language fails to define relationship and spheres of power of national and state governments Elastic Clause: Article I states Congress shall have the power to “make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” establishes the implied powers used to expand power of central government

Implied Powers (What is Suggested) Expressed Powers Implied Powers (What is Suggested) To regulate commerce To establish a minimum wage To raise army and a navy To draft Americans into the military To establish post offices To establish laws prohibiting mail fraud

B. The Founding Constitutional Language Tenth Amendment: “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people” establishes reserved powers of states limits scope of national government

C. The Federalism Debate Contradictory Interpretations dual federalism: power is clearly divided between the national and state governments (“layer cake”) cooperative federalism: a mixing of power, resources, and programs among the national, state and local governments (“marble cake”)

C. The Federalism Debate Implications of Federalism created a source of conflict between the national and state governments a struggle ensued over “national interests” versus “states’ rights” the nation experienced shifts in the balance of power between both governments over time