Federalism: National, State, and Local Powers Unit 6 Essential Question: How is federalism carried out in the U.S.?

Definition Federalism – multi-level government, national and state levels You might throw in local gov’t too. Think about a three level cake.

Powers in the Constitution 3 types of powers… Expressed powers – specifically given to NATIONAL government Only 17 are listed (Enumerated powers), but… Clause 18 is the Elastic Clause (“necessary and proper” clause) Reserved powers – reserved to the states Amendment 10 says any power NOT in Constitution is reserved for states Concurrent powers – shared by both national and state gov’ts Ex.: taxes

Benefits of Federalism Protects against tyranny (abuse of power) of the majority. The majority (1 over half) could vote to suppress the minority. Allows states to do what’s best for them. Example: 51% students vote to party, 49% vote to study. Creates “laboratories” in the states. One state could test a new policy. Encourages political participation. Local politics are closer to us than national. “All politics are local.”

Drawbacks of Federalism Inconsistency from state to state. (Ex., speed limits, teaching certificates) Not always clear between national and state laws. (Ex., wildlife, air pollution)

Types of Federalism Dual Fed. (1776-1933) Cooperative Fed. (1933-1960) “layer cake”—federal & state gov’t very separate Cooperative Fed. (1933-1960) “marble cake”—fed & state gov’t mixed Regulated Fed. (1960-68) Fed. $ but with rules attached New Fed. (1968-…) “Devolution” wanted states to come up with their own plans/power

State Constitutions U.S. Constitution hard to amend State Constitutions easy to amend. So… They’re often very long, altered. Apportionment – states figure how district lines are drawn for U.S. House of Rep’s This gets tricky, especially when districts change (after census) Gerrymandering – creatively drawing district lines to help a candidate (look for crazy shaped districts) Baker v. Carr & Reynolds v. Sims said redistricting needs to be fair (equal population, continuous)

Examples of gerrymandering

Examples