This chapter should demonstrate the concept and development of federalism. In particular, it should cover federalism in relationship to other forms of government: confederal and unitary. Care must be taken to explain in detail what events (political, judicial, economic, or social) influenced the changes in federalism. The book has noted major Supreme Court decisions related to federalism, including: McCulloch, Gibbons, Barron, Dred Scott, and later Lopez. Chapter 3 Federalism

Chapter Outline and Learning Objectives LO 3.1: The national government has both enumerated and implied powers under the Constitution. An additional group of concurrent powers are shared by national and state governments. Other powers are reserved to the states or the people or expressly denied to both governments, although the national government is ultimately declared supreme. The Constitution also lays the groundwork for the Supreme Court to be the arbiter in disagreements between states. LO 3.2: Early on, the Supreme Court under the leadership of John Marshall played a key role in defining the relationship and powers of the national government through its broad interpretations of the supremacy and commerce clauses. Roots of the Federal System LO 3.1: Trace the roots of the federal system and the Constitution’s allocation of governmental powers. Federalism and the Marshall Court LO 3.2: Determine the impact of the Marshall Court on federalism.

Chapter Outline and Learning Objectives Discussing the role of the federal government between the Civil War and the 1930s can pose problems. In particular, the Progressive era between the 1890s and the 1920s seems to be more characterized by monopolies, big business, and egregious worker exploitation. The balance of power, first set in the hands of the states with the election of Andrew Jackson, falls into the hands of the national government during the Civil War and Reconstruction, only to revert to the states (or perhaps better put, big business/corporations). Some of this power shifts with the elections of Teddy Roosevelt and Woodrow Wilson (with the help of WWI) but then returns to the states until the election of FDR following the stock market crash of 1929. Excellent examples of these shifts are provided with the explanation of the Sherman Anti-Trust Act, first passed by Congress in the 1880s, then later dismissed by the Courts in the 1890s. LO 3.3: For many years, dual federalism, as articulated by the Taney Court, tended to limit the national government’s authority in areas such as slavery and civil rights, and it was the norm in relations between the national and state governments. The Civil War, however, forever charged the nature of federalism when the nation was reunited, and a departure from this view became evident with the ratification of the Sixteenth and Seventeenth Amendments in 1913. LO 3.4: The notion of a limited federal government met its demise in the wake of the Great Depression. Franklin D. Roosevelt’s New Deal ushered in an era of cooperative federalism, in which the power of the national government increased and states and local governments took a secondary, albeit important role in governance. This growth in the size and role of the federal government escalated during Lyndon B. Johnson’s administration and into the 1970s. Federal grants became popular solutions for a host of state and local problems. Dual Federalism: The Taney Court, Slavery, and the Civil War LO 3.3: Describe the emergence and decline of dual federalism. Cooperative Federalism: The Growth of National Government LO 3.4: Explain how cooperative federalism led to the growth of the national government.

Chapter Outline and Learning Objectives A good discussion topic would be Peterson’s (cited by O’Connor) theory of redistributive and developmental policies. The role of the federal government has historically been seen in terms of conservatives versus progressives—with progressives favoring a powerful federal government, while conservatives generally favor power in the hands of the states. The recent development of the tea party movement could make this a very topical discussion. Do we need to have a scenario in which we either have small government/low taxes or large government/high taxes? Or, as Peterson claims, should we give both federal and state/local governments specific areas of power—one redistributive, the other developmental? Federalist Paper No. 45 could also be used here as Madison discusses his own theory on which entity should have power and during what times (war and peace). LO 3.5: After becoming president in 1981, Ronald Reagan tried to shrink the size and powers of the federal government through New Federalism. This trend continued through the 1990s and included the Contract with America. Initially, George W. Bush’s administration seemed committed to this devolution, but the September 11, 2001, terrorist attacks led to substantial growth in the size of the federal government. The Roberts Court has set an ambiguous course in determining the direction and role of the federal government. LO 3.6: The roles and relative strengths of the national and state governments have changed over time. Political scientists argue that the national government is best suited for redistributive policy and the states for developmental policy. Recent changes in progressive federalism have embraced these roles. New Trends in Federalism LO 3.5: Identify new trends in federalism. Toward Reform: Attempts to Balance National and State Power LO 3.6: Assess the challenges in balancing national and state powers and the consequences for policy making.

The unitary system of Great Britain The Articles of Confederation Roots of the Federal System LO 3.1: Trace the roots of the federal system and the Constitution’s allocation of governmental powers. The unitary system of Great Britain The Articles of Confederation The Federalist compromise National and state governments share power These powers are derived from the people To Learning Objectives

National Powers Under the Constitution LO 3.1 National Powers Under the Constitution Article I, section 8 (18 clauses) Enumerated Powers Includes powers to coin money, provide a military, declare war, create courts, etc. Clause 3: the commerce clause Implied Powers Clause 18: the necessary and proper (Elastic) clause Article VI, clause 2: the supremacy clause To Learning Objectives

State Powers Under the Constitution LO 3.1 State Powers Under the Constitution The Tenth Amendment Those powers not enumerated are reserved to the states Includes regulations for health, safety, morality, and police powers To Learning Objectives

Concurrent Powers and Powers Denied Under the Constitution LO 3.1 Concurrent Powers and Powers Denied Under the Constitution Concurrent (shared) powers Taxation Chartering banks Borrowing money Denied powers Bills of attainder Ex post facto laws To Learning Objectives

Interstate Relations Under the Constitution LO 3.1 Interstate Relations Under the Constitution Article IV The full faith and credit clause Defense of Marriage Act Privileges and immunities clause The extradition clause Slaves Article I, section 10, clause 3 Interstate compacts To Learning Objectives

What is the Defense of Marriage Act? LO 3.1 A law making divorce illegal. A law ensuring that marriage will never be outlawed in any state. A law designed to circumvent the full faith and credit clause by allowing states to disregard same-sex marriages performed in other states. A law allowing separated couples to stay legally married for tax and child custody purposes indefinitely. A law prohibiting taxation in any form to be placed on the act of marriage. To Learning Objectives

What is the Defense of Marriage Act? LO 3.1 A law making divorce illegal. A law ensuring that marriage will never be outlawed in any state. A law designed to circumvent the full faith and credit clause by allowing states to disregard same-sex marriages performed in other states. A law allowing separated couples to stay legally married for tax and child custody purposes indefinitely. A law prohibiting taxation in any form to be placed on the act of marriage. To Learning Objectives 12

Sets new balance of state and national powers Federalism and the Marshall Court LO 3.2: Determine the impact of the Marshall Court on federalism. Sets new balance of state and national powers McCulloch v. Maryland (1819) Concerns the power of states to tax the national government Gibbons v. Ogden (1824) Concerns congressional power to regulate interstate commerce Barron v. Baltimore (1833) Concerns the protections of the Bill of Rights – Does the Bill of Rights protect people from the actions of state government? To Learning Objectives

LO 3.2 Which of the following Supreme Court cases restricted the powers of the national government? Barron v. Baltimore (1833) McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) All of the above None of the above To Learning Objectives

LO 3.2 Which of the following Supreme Court cases restricted the powers of the national government? Barron v. Baltimore (1833) McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) All of the above None of the above To Learning Objectives 15

The Dred Scott decision Nullification Dual Federalism (1800-1932): The Taney Court, Slavery, and the Civil War LO 3.3: Describe the emergence and decline of dual federalism. Dual federalism – national and state powers are equal with distinct spheres of responsibility Layer cake The Dred Scott decision Congress cannot regulate slavery Nullification Post Civil War – volatile relationship between national and state governments Commerce, Anti-Trust, and Sixteenth and Seventeenth Amendments To Learning Objectives

LO 3.3 The Sherman Anti-Trust laws were tested in a lawsuit by the federal government targeting what? State banks Child labor Sugar refineries Slavery Railroads To Learning Objectives

LO 3.3 The Sherman Anti-Trust laws were tested in a lawsuit by the federal government targeting what? State banks Child labor Sugar refineries Slavery Railroads To Learning Objectives 18

Federal government makes categorical grants to states Cooperative Federalism (1932-1980): The Growth of National Government LO 3.4: Explain how cooperative federalism led to the growth of the national government. Photo Caption: How did the New Deal change federalism? The New Deal included a variety of public works programs such as the Works Progress Administration (WPA). These new programs were symbolic of increasing federal–state interactions and the end of dual federalism. Cooperative federalism – federal government leads national agenda with state cooperation Marble Cake New Deal of the 1930s Great Society of the 1960s Federal government makes categorical grants to states To Learning Objectives

LO 3.4 The Supreme Court’s _________ attitude was reflected in the early years of the New Deal. fascist laissez-faire lazy progressive religious To Learning Objectives

LO 3.4 The Supreme Court’s _________ attitude was reflected in the early years of the New Deal. fascist laissez-faire lazy progressive religious To Learning Objectives 21

Return to state’s rights, or New Federalism The Reagan Revolution New Trends in Federalism (1980-) LO 3.5: Identify new trends in federalism. Photo Caption. What was the devolution revolution? Here, then House Minority Whip Newt Gingrich (R–GA) promotes the tenets of the Contract with America in 1994. A top priority of the program was to scale back the scope and size of the federal government. Though some of the Contract’s proposals became law, most of its goals remained unfulfilled. Return to state’s rights, or New Federalism The Reagan Revolution Block grants Devolution Contract with America George W. Bush Preemption The Supreme Court Up to Roberts! To Learning Objectives

In 1996, TANF replaced the existing federal _________ program. LO 3.5 In 1996, TANF replaced the existing federal _________ program. gender equality labor education environmental welfare To Learning Objectives

In 1996, TANF replaced the existing federal _________ program. LO 3.5 In 1996, TANF replaced the existing federal _________ program. gender equality labor education environmental welfare To Learning Objectives 24

Redistributive and Developmental Policies Attempts to Balance National and State Power LO 3.6: Assess the challenges in balancing national and state powers and the consequences for policy making. Photo Caption. How does a president’s view of government affect public policy? Here, the cartoonist uses satire to illustrate contrasting views on the roles of the federal government. Although overstated, this comparison between Presidents Ronald Reagan and Barack Obama shows how their views of federalism are reflected in their policy agendas. Redistributive and Developmental Policies “Pork” problems The No Child Left Behind Act of 2001 Patient Protection and Affordable Care Act of 2010 Progressive Federalism “Laboratories of democracy” To Learning Objectives

LO 3.6 The Obama administration has allowed California to impose stricter limits on what? Fatty foods found at fast food restaurants Drug use Greenhouse gas emissions Gun ownership Access to abortion To Learning Objectives

LO 3.6 The Obama administration has allowed California to impose stricter limits on what? Fatty foods found at fast food restaurants Drug use Greenhouse gas emissions Gun ownership Access to abortion To Learning Objectives 27

Figure 3.1: How many governments are there in the United States? To Learning Objectives

Figure 3.2: From where does governmental authority come? Back To Learning Objectives

Figure 3.3: How is governmental power distributed in the federal system? Back To Learning Objectives