  A political system where the powers of government are divided between a national government and regional (state and local) governments  Every level of government has certain authority over the same territory and people  Created to create a strong national government, but preserve the existing state governments What is Federalism?

  Federal System- local units exist independent of the preferences of the national government and can make decisions on some matters.  Unitary System- local governments can be altered or abolished by the national government, and do not have final authority over any governmental activities. Federalism

  Goal of founders: federalism is a device to protect personal liberty (along with separation of powers).  Placing all political authority in level of government ran a risk of tyranny.  Believed that neither national nor state government would have authority over the other because power derives from the people.  No one attending the Constitutional Convention had a clear idea how a federal system would work (new plan had no historical precedent).  The 10th Amendment was added as an afterthought, to define the power of the states.10th Amendment The founding of Federalism

 Advantages of FederalismDisadvantages of Federalism Ideally suited to large geographic area because it encourages diversity in local government Inflexibility inherent in a written constitution Avoids concentration of political power Complex, with many governments to deal with Accommodated already existing state governments Duplication of offices and functions States serve as training grounds for national leaders Conflicts of authority may arise Keeps government close to the people Advantages & Disadvantages of Federalism

  Delegated powers- expressed, or enumerated powers, those specifically given to the national government  Implied powers- powers that may reasonably inferred from the Constitution  A.K.A. the Necessary & Proper Clause or Elastic Clause  Inherent powers- powers that exist for the national government because the government is sovereign  Concurrent Powers- powers that belong to both the national and state governments  Reserved powers- powers belonging specifically to the states because they were not delegated to the national government So who has the power?

  Precise definitions of powers politically impossible because of competing interests.  Article I: Congress shall have the power to “make all laws which shall be necessary and proper for carrying into execution the foregoing powers”  Hamilton's view: national supremacy because Constitution supreme law  Jefferson's view: states' rights with people ultimate sovereign “Elastic” Language

 National Powers (Expressed, Implied, Inherent) National & State Powers (Concurrent) State Powers (Reserved)

 Federal Powers vs. State Powers  Regulate foreign & interstate commerce  Regulate corporations  Coin & print money  Levy taxes  Borrow money  Regulate intrastate commerce  Charter banks  Establish public school systems  Conduct foreign relations  Regulate immigration and naturalization  Spend money for general welfare  Make all laws “necessary and proper”  Acquire and govern U.S. territories & admit new states  Establish courts  Enact and enforce laws  Establish licensing requirements for certain regulated professions  Establish local governments  Provide an Army & Navy  Declare War  Administer elections  Establish Federal Courts below the Supreme Court

 Establishing National Supremecy YouTube - McCulloch v. Maryland YouTube - Gibbons v. Ogden

  Full Faith & Credit Clause- states are required to recognize the laws and legal documents of other states, such as birth certificates, marriage licenses, drivers’ licenses, wills.marriage licenses  Privileges and Immunities Clause- states are prohibited from unreasonably discriminating against residents of other states  Out of State Tuition Out of State Tuition  Extradition- states may return fugitives to a state from which they have fled to avoid criminal prosecution at the request of the governor of the state Interstate Relations

 Federalism Today  Dual Federalism  Federal & state governments are co-equal  Federal government is limited by Constitution  “Layer Cake Federalism”  Cooperative Federalism  National government is supreme over the states  “Marble Cake Federalism”  New Federalism

  Nixon, Reagan, and Bush  Attempt to reverse cooperative federalism and give states more responsibility on how they would spend the grant money  Devolution- a transfer of power from the national government back to the state governments New Federalism

  The national government’s patterns of spending, taxation, and providing grants to influence state and local governments  The national government uses fiscal policy to influence the states through granting or withholding money to pay for programs Fiscal Federalism

  Grants-in-aid programs: money & resources provided by the national government to the state and local governments to be used for specific projects or programs.  Categorical grants: grants that have a specific purpose defined by law, such as sewage treatment facilities or school lunch programs; may even require “matching funds” from the state or local governments  May be in the form of a project grant- competitive application  Block grants: general grants that can be used for a variety of purposes within a broad category, such as education, health care, or public services; fewer strings attached, so states have more freedom how to spend the $  Revenue sharing: a “no strings attached” form of aid to state & local governments; could be used for virtually any project. Eliminated under the Reagan administration Types of Grants

  Requirements that are imposed by the national government on the state and local governments  Ex: Americans with Disabilities Act (1990)  Mandates often require state or local governments to meet the requirement at their own expense (unfunded mandates)  Unfunded Mandate Reform Act- imposed limitations on Congress’ ability to pass unfunded mandate legislation Mandates