I. What is Federalism 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

Encourages diversity in local government 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 Supremacy Clause says that laws of the national government will remain law of the land. However the constitution does not specifically state what the limits of the federal government are. The 10th Amendment provides part of the answer. The Supreme court has vacillated on the issue.

III. Establishing National Supremacy McCulloch v. Maryland (implied powers) Gibbons V. Ogden (Commerce Power) The Civil War Brown V. Board of Education State Powers Federal Powers

IV. Full faith and credit States must give “full faith and credit to public records, and civil judicial proceedings of every other state” 1. Usually not a problem but DOMA (gay marriage) has become a hot button issue.

V. Types of Federalism Dual Federalism (Layer Cake) -Both the national government and the states remain supreme in their own spheres.

V. Types 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)

V. Types of Federalism Dual Federalism (Layer Cake) -Both the national government and the states remain supreme in their own spheres. B. Cooperative Federalism (Marble Cake) -The federal government becomes more intrusive in what was the domain of the states (New Deal Era) . C. Creative Federalism -Even more reliance on federal programs (Great Society)

D. Competitive Federalism/New Federalism Reverses marble federalism, giving more power to the states (Nixon-Bush)

VI. Fiscal Federalism A. How much money is appropriated by the federal government to the states, under what conditions, and what the states can do with these funds

Categorical Grant- Money must spent according to categorical requirements. Block Grants- less strings attached Revenue sharing- Federal government gives money directly to the states with no strings attached.

B. Mandates When the federal government requires that the states do something it is known as a mandate. Sometimes requires states to do something with out giving them money to do so. (unfunded mandate)