Ch. 3: Federalism 87,576 Governments Alternatives to Federalism: Unitary government Confederal government (confederation)

Why Federalism? Check on tyranny Unity without uniformity Encourages experimentation – “laboratories of democracy” Government closer to the people

Phases of Federalism Dual Federalism – “layer cake” federalism Cooperative Federalism – “marble cake” 1930s-1960s Creative Federalism 1960s Regulatory Federalism (unfunded) Mandates

Dividing Powers under Federalism Powers of the National Government: EXPRESS (ENUMERATED) POWERS (Art. 1, Sec. 8) IMPLIED POWERS from the Necessary & Proper Clause INHERENT POWERS

Dividing Powers under Federalism Powers of the States: The 10th Amendment (reserved powers) Powers of both Nation and States: “Concurrent” Powers (e.g., taxation) The Supremacy Clause

Interstate Relations in the Constitution Full Faith & Credit Clause Privileges & Immunities Clause Extradition Interstate Compacts

Why the power shift? Stretching the Necessary & Proper Clause McCulloch v. Maryland The Interstate Commerce Clause Commercial purposes & otherwise The Income Tax The 16th Amendment

Fiscal Federalism: The Grants System Why grants? Give resources to states and locals Establish minimum national standards Equalize resources through redistribution Attack national problems without increasing federal agencies

Fiscal Federalism: The Grants System 3 Types of Grants-in-aid General Revenue Sharing, or GRS (1972-1987) Categorical Grants Block Grants 2 Methods of Allocating Grants Formula Project

Fiscal Federalism: Money as Means of Control Cross-cutting requirements Crossover sanctions

The Supreme Court & Federalism U.S. v. Lopez: The Gun-Free School Zones Act of 1990 U.S. v. Morrison: The Violence Against Women Act of 1994 Feds win again: Gonzales v. Raich Medical Marijuana