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

Federalism is…  A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).

Federalism is…  A system where national and state governments each have defined powers, with some being shared by both and some being denied to both.

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)

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)

What does dual federalism have in common with a layer cake?

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

What does cooperative federalism have in common with a marble cake?

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

Political Cartoon #2 Title: Disaster Response Artist: John Trever, The Albuquerque Journal Date: September, 2005

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

Questions for Discussion  What 20 th Century events contributed to the shift from dual federalism to cooperative federalism?  What are the inherent strengths of a federal system in addressing national emergencies? What are the weaknesses?  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?