Chp.4: Federalism Under the U.S. federal system of government, both the national government and state governments have certain powers.

Do Now Contrast federalism to unitary and confederal systems of government.

Learning Goals Objectives (Students will learn…) Essential Question why the Framers choose federalism. what powers the national government has. how the Constitution limits the powers of the state & national gov’ts. How is the balance of power between the state and the national government characterized today?

National Powers Powers of the Nat’l Gov’t. Enumerated Powers Burrow & coin money Levy Taxes Conduct foreign relations Raise armies, declare war, make peace Regulate foreign commerce & btw states Establish a post office Regulate immigration Establish federal courts & make laws Enumerated Powers Powers granted in the Constitution to the federal gov’t. Implied Powers Not listed, but they are logical extensions of expressed powers. (Necessary & Proper Clause) Inherent Powers Historically recognized as naturally belonging to all gov’ts that conduct the business of a sovereign nation.

State Powers Powers of the State Governments Draw electoral district lines Levy Taxes Conduct elections Ratify amendments to the Constitution Maintain state militias Exercise powers not delegated to the fed. gov’t. Establish& Operate state court systems

The Limits of Power Limits on Nat’l Gov’t. Limits on State Gov’ts. Constitution spells out specific things Fed. Gov’t not allowed to do (Tax trade between states) Limits on State Gov’ts. Constitution spells out specific things State Gov’ts not allowed to do (separately engage in war) Powers Denied to both Bill of Rights! Concurrent Powers: Powers held by both the Nat’l & State Gov’ts. (Taxing)

Nation & State Relations The Nation & 50 States All states are equal & must be republic forms of gov’t. Relations btw the States Full Faith & Credit Clause: Extradition can take place, contracts honored, & no discrimination for people from other states. Local Gov’t. Not mentioned in Constitution, so left to states. Native American Sovereignty “Regulate commerce with Indian tribes.”

Group Activity Get with a partner Create a Venn Diagram showing Nat’l, State, & Concurrent powers from the Constitution

Section 2: American Federalism: Conflict & Change Over the past 200 years, conflicts over the balance of power between the national and state governments have led to changes in American federalism.

Do Now Try and recall why the American Civil War started. What reasons were there for the war? (Hint: There was more than just one.)

What is the difference between federalism and new federalism? Learning Goals Objectives (Students will learn…) Essential Question what role the Supreme Court plays in American federalism. how gov’t. power was divided in dual federalism. what events caused the expansion of national power in the 20th century. what new federalism is. What is the difference between federalism and new federalism?

Dual Federalism Dual Federalism The Great Debate The Marshall Court Both state & nat’l. gov’ts were equal authorities according to strict constructionism. The Great Debate Strong central gov’t. (Washington, Hamilton) vs. States’ rights (Jefferson) First Bank of the U.S. created then not renewed The Marshall Court McCulloch v. Maryland : Bank allowed because it is “Necessary & Proper” “A House Divided” Nullification: Nullify laws states saw as contradicting their own. Secession: States had right to leave the Union.

Expanding National Power 1900s Reforms Nat’l gov’t. passed legislation to reform social conditions & business practices. (Interstate Commerce Act, Antitrust Act) The New Deal Series of nat’l programs to address the needs of Americans. (Social Security & FDIC) Cooperative Federalism: Nat’l. & state gov’ts work together to meet the crisis. The Great Society Series of initiatives aimed at eliminating poverty & social inequality. Creative Federalism: Releasing nat’l grants to state & local communities to achieve nat’l goals.

New Federalism New Federalism The Reagan Years Returning authority to state gov’ts. The Reagan Years Nat’l gov’t. less effective than states @ providing services to the people. Cut state grants but relaxed how grants could be used by states. The Devolution Revolution Returning power to states. “The era of big gov’t is over.” –Bill Clinton

a. cooperative federalism b. creative federalism c. devolution d a. cooperative federalism b. creative federalism c. devolution d. doctrine of nullification e. doctrine of secession f. dual federalism g. McCulloch v. Maryland (1819) h. new federalism 1. Era of federalism in which the state and national governments were equal authorities when operating in their own spheres of influence 2. Belief that states had the right to cancel national laws that they believed contradicted states’ interests 3. Belief that states had a right to withdraw from the United States 4. Era of federalism in which the national and state governments worked together to solve social and economic problems 5. Landmark Supreme Court case that expanded the power of the national government 6. Idea that federal power should be returned to the states 7. Era of American federalism characterized by a return of power to the states

Group Activity With a partner write a paragraph explaining how you think the Supreme Court ruled in favor of the First Bank of the United States in McCulloch v. Maryland. The Court ruled it was “Necessary & Proper”. Explain how this was their reasoning. Due @ the end of class!

Sec. 3: Federalism Today Today the balance of power between the states & the nat’l gov’t is characterized by a system of grants and mandates, as well as by a number of key policy areas.

How does money effect today’s concept of federalism? Do Now How does money effect today’s concept of federalism?

Does fiscal federalism give the nat’l gov’t too much power? Learning Goals Objectives (Students will learn…) Essential Question Does fiscal federalism give the nat’l gov’t too much power? what is fiscal federalism. how the nat’l gov’t. uses grants & mandates to influence state policies. what issues most influence American federalism today.

Fiscal Federalism: Return of Nat’l Power 9/11: Increased nat’l security needs expanded fed. Gov’t power. Fiscal Federalism System of spending, taxing, & providing aid in the federal system. Originally used mostly as land grants for colleges Grants-in-Aid Money & other resources that the nat’l gov’t provides to pay for state & local activities. Low income housing, community arts programs, energy assistance for elderly, and disasters

Grants & Mandates Categorical Grants Block Grants Federal Mandates Can only be used for a specific purpose, or category, of state & local spending. Ex: New airport, crime-fighting in specific area Block Grants Given for more general purposes or for broad policy areas. Ex: welfare, public health, education Federal Mandates Demands on states to carry out certain policies as a condition of receiving grant money.

Issues in Federalism Today Poverty Block grants to states has led to a decrease of people on welfare. Homeland Security Is it better to use federalism or have a singular authority in these events? Environment One state’s enviro standards affect other states, so who takes lead? Immigration National issues being paid by states (education, health, employment, housing) for immigrants. Health Care Should state or nat’l government help pay for expensive health care?

TRUE/FALSE Mark each statement T if it is true or F if it is false TRUE/FALSE Mark each statement T if it is true or F if it is false. If the statement is false, then use the lines provided to explain why. _____ 1. Fiscal federalism is a system of spending, taxing, and providing that gives the national government power to influence state policies. _____ 2. During the twentieth century, the increased use of grants-in- aid expanded the power of state governments in the federal system. _____ 3. In the 1980s, Ronald Reagan used categorical grants to increase the power of the national government. _____ 4. The Clean Air Act of 1970 is an example of how block grants have been used to enforce national environmental standards. _____ 5. Poverty, homeland security, the environment, immigration, and health care are key policy areas that shape the American federal system today.