Federalism

3 Systems of government Unitary Confederate Federalism All power vested in a Central Government Confederate Decentralized system of government in which a weak central government has limited power over states Federalism Division of power between federal and state governments.

Federalism The framers decided to form a government that delegated some powers to the Federal government and reserved the rest for the states. State Government Federal Government

Separation of Powers Federal Government have … State Government have… Delegated or Enumerated powers State Government have… Reserved Powers Both Governments have… Concurrent Powers

Delegated Powers (Federal) Enumerated powers- Specifically granted to the federal government by the constitution Article 1 Section 8 18 clauses that give 27 powers to Congress Article 2 Section 2 Assigns several powers to the President Amendments (16th Amendment gives Congress the power to levy an income tax) Key Expressed Powers Power to regulate interstate commerce Power to tax and spend War Power Establish a Post Office

Reserved Powers (States) In short, if a power is not given to the federal government, it goes to the states. Can you give some examples?

Reserved Powers (States) 1. Education 3. INTRAstate commerce 2. Elections

Concurrent (Both) Power to Tax Establish Courts Borrow Money State and Federal Income Taxes Establish Courts State and Federal Courts Borrow Money

Constitutional Cases over Federalism McCulloch v. Maryland Congress created a national bank in 1816 1818 the State of Maryland decided to tax the Bank. The National Bank refused Supreme Court Ruling 1. It is Implied in the constitution for the federal government to create a bank 2. Upholds the SUPREMACY CLAUSE ruling that states can not interfere with or tax legitimate activities of the Federal Government

Constitutional Cases Gibbons v. Ogden Supreme Court Ruling Steamboat Case New York gave a license to Ogden to run a ferry service between New York and New Jersey The Federal government gave Gibbons a license to run a ferry between New Jersey and New York Supreme Court Ruling Gave Gibbons the right to operate the ferry service which furthered the commerce clause to include the construction of roads, canals, and railroad lines

Different Types of Federalism Dual Federalism No interaction between Federal and State Governments Characterizes the relationship between the federal and state governments until the 1930s

14th Amendment The Civil War and the 14th Amendment started to shrink the power of the Federal Government.

The New Deal THE NEW DEAL ENDS DUAL FEDERALISM AND CREATES COOPERATIVE FEDERALSIM

Types of Federalism Cooperative (Marble Cake) A system of government in which the national and state governments work together to complete projects Types of Cooperative Fed. Creative Competitive Fiscal New

Creative and Competitive Creative Federalism- Created by LBJ and The Great Society Gave more and more power to the Federal Government through the use of Grants-In-Aid The Federal Government used money to pressure the States into adopting certain policies.

Fiscal Federalism A type of cooperative federalism which refers to the pattern of spending, taxing, and providing grants in the Federal System Grants Block Give states broad discretion in how the money will be spent STATES PREFER BLOCK GRANTS Welfare Reform Act of 1996 Categorical Made for specific, carefully defined purposes.

Fiscal Federalism Mandates Unfunded Funded Federal Government requires the states to do something and they must pay for it American With Disabilities Act No Child Left Behind Motor Voter Law Funded Federal government requires states to do something and they pay for it

Types of Federalism Devolution A type of federalism which returns power back to the states Regan starts the devolution revolution in the 1980s Example of devolution is the Welfare Reform Act of 1996

Federalism Today The power of the Federal government INCREASES during times of War, Catastrophe, or Economic Crisis.