I. Federalism Basics A. A way of organizing a nation so that two or more levels of government share authority 1. A rare, but not unique form of government 2. Unitary governments are more common

B. Why Federalism? States can serve as a check on the federal government. At the time of the constitutional convention many people identified strongly with their states and would not have supported abolishing state governments.

Advantages and Disadvantages Advantages of Federalism Disadvantages Encourages diversity in local government Avoids concentration of political power Accommodated already exiting state governments States serve as training grounds for national leaders Keeps government close to the people The Constitution is not always clear about distribution of powers. Multiple levels of government make governing more complex. Duplication of offices and functions Conflicts of authority

II. Division of Powers The Constitution enumerated certain powers to the federal government. The Tenth Amendment gives all powers not granted to the federal government to the states. Debate exists over whether the 10th Amendment was meant as a limit of federal power or just a guarantee that states would have the power to do the things they need to do. -This is the basis of most federalism issues.

III. Establishing National Supremacy McCulloch v. Maryland 1. Established that the Federal government is not strictly limited to the enumerated powers but also has implied powers, which are necessary to carry out enumerated powers. These powers from from the Elastic or Necessary and Proper Clause. 2. Affirmed that federal law is supreme over state law. (Supremacy Clause) B. Gibbons V. Ogden 1. Affirmed that only the federal government has the power to regulate interstate commerce and expanded the definition of what commerce is, giving Congress the power to regulate more aspects of life. C. The Civil War 1. 13th, 14th and 15th Amendments give the Federal Government more power over the states. D. Great Depression New Deal- Congress passes a series of laws giving the federal government power to regulate the economy and creates many new regulatory agencies. E. Civil Rights Movement Voting Rights Act, Civil Rights Act and Brown v. Board of Education

IV. Full Faith and Credit States must give “full faith and credit to public records, and civil judicial proceedings of every other state” -States must recognize marriage licenses, laws etc. of other states and cannot force their laws upon other states. .

V. Eras of Federalism Dual Federalism (Layer Cake) -Both the national government and the states remain supreme in their own spheres. B. Cooperative/Shared Federalism (Marble Cake) -The federal government becomes more intrusive in what was the domain of the states (New Deal Era)

VI. Fiscal Federalism How much money is appropriated by the federal government to the states, under what conditions, and what the states can do with these funds The federal government often offers money to states if they do things the federal cannot force them to do. EX: The federal government required states to raise their drinking age to 21 in order to receive highway funding.

Block Grants- less strings attached Categorical Grant- Money must spent according to categorical requirements. Block Grants- less strings attached Matching Grants- Federal government will match the money spent by the states. EX: Medicaid

B. Mandates 1. Sometimes the federal government requires states to do something with out giving them money to do so known as an unfunded mandate. EX: Americans with disabilities Act and No Child Left behind.