National Govt. State Government Local Government Powers of government are divided between a National, state and local governments. Powers of government are shared by all levels. Some delegates feared the central government would be too powerful. A federal govt. was created to allow states and local govts to handle their own affairs. Federal = United States Constitution US Constitution is over all levels of government. National Government is over the States.

Supreme law United States Constitution Supreme law of the land….Supreme law of the land…. It is above all levels of government and no act, law or public policy can be in conflict with it.It is above all levels of government and no act, law or public policy can be in conflict with it. National Government is over the States. =

Characteristics of American Federalism Federalism Federal, state, & local governments share power National government is supreme Federal government has expressed powers (tax, declare war,etc) Limited government - states check power of federal government Federal Government has implied powers (necessary & proper clause 10th Amendment - powers reserved to the states

Federalism is… System of government in which power is divided between the national government and the state governments and in which independent states are bound together under one national government

Article IV of the Constitution: Federalism Defines the relationship between the states and the federal government “Full faith and credit” clause An act or judicial proceeding of one state must be honored in all other states Extradition - Legal process whereby an alleged criminal is surrendered by one state to the one in which he or she committed the crime

Power to tax Make treaties Coin money Establish Post Offices Raise a military Declare war Admit new states Build dams Interstate highways Fund NASA Regulate naturalization Establish courts Recognize new countries Copyright/Patents Weights/measurements Prohibit racism Regulate commerce Powers given to national govt Expressed Implied nt Delegated Concurrent Reserved Make/enforce laws Maintain courts Collect taxes Borrow money Charter banks Protect welfare of people Call out the militia Provide for education Establish local govts Conduct elections Protect public safety Build state highways Raise a state militia Issue licenses Incorporate businesses Regulate trade in state Regulate drinking age Set speed limit Create counties/cities Decide death penalty Marriage definition Medicinal marijuana Powers shared by all 3 levels Powers given only to the states Div of powers

The Challenges of Modern Federalism New York, September 2001 New Orleans, August 2005

Political Cartoon #1 Title: Another Perfect Storm Artist: Jeff Danziger Date: September,

Political Cartoon #3 Title: Homeland Security Artist: Mike Keefe, The Denver Post Date: September, 2005

Political Cartoon #4 Title: Cleanup Artist: Cam Cardow, The Ottawa Citizen Date: September 5, 2005

What are some alternatives to federalism? Unitary systems = power is all in the hands of the central government Confederations = limited central government; power more in the hands of independent nations

Dual Federalism ( )  Federal and state governments are co-equals, each sovereign  Narrow interpretation of the Constitution  Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, foreign affairs)  State have greater role and powers (ex: public education, race relations)

Cooperative Federalism (1933-present)  National government clearly supreme over the states with wide interpretation of the “necessary and proper clause” (Article I, Sect. 8 of the Constitution, also known as the “elastic clause.”)  Federal government intervenes or assists in some areas traditionally left to the states (ex: education, health care, civil rights)  Began with the New Deal in the 1930s

Questions for Discussion In both the near future, do you think the trend of cooperative federalism with the federal government taking a dominant role over the states will continue? Will this trend continue even into the distant future? What are the inherent strengths of a federal system in addressing national emergencies? What are the weaknesses? What 20 th Century events contributed to the shift from dual federalism to cooperative federalism?

Debate! Gun Control: Is it a FEDERAL or STATE policy issue?

State and regional variability regarding gun control laws and violent crime by firearm Please review the map and observe the differences among states regarding restrictions on guns. Why do you think some of states are more or less restrictive regarding gun control than others?

Federalism & the Constitution The Federal Government has expressed powers specifically granted in the Constitution (tax, regulate commerce, declare war, etc.) The Federal Government has implied powers from the necessary & proper clause or “elastic clause” (ex: create a national bank) The 10th Amendment reserves powers to the states (ex: education, law enforcement, etc.) The U.S. Constitution is the supreme law of the land (National Supremacy Clause)