1. Federalism in the United States

2. Unitary vs Federal vs Confederate

3.  U.S. first in world to create a Federal System National and State governments share powers ALL power derived from consent of the governed  people

4. Federalism in the United States  Enumerated Powers: Specific powers granted government Article 1, Section 8  AKA- Delegated, expressed  Implied Powers: Powers assumed, although not expressed “Elastic Clause”  Article 1, Section 8, Clause 18  AKA “Necessary and Proper Clause”

5. Federalism in the United States  Reserved Powers: 10 th Amendment Powers granted states  Public health, education, welfare of its citizens  Concurrent Powers: Overlapping powers of the national and state governments CAN NOT CONFLICT WITH NATIONAL LAW  Supremacy Clause  Article VI

6. StateFederalSHARED

8. Federalism in the United States  Denied Powers Article 1, Section 9 States’ powers denied  Entering treaties, currency, state compacts without Congressional approval National powers denied  Favoring one state over another, taxing goods from state-to-state Concurrently denied powers  Ex Post Facto and suspension of Habeas Corpus

9. Federalism in the United States  State Relations  Article IV Full Faith and Credit  Judicial decrees and contracts must be honored in all states (DOMA???) Privileges and Immunities Clause  All citizens are guaranteed rights regardless of state of residency Extradition Clause  State MUST return criminals to states where they have been convicted

10. Early Federalism in the United States  McCulloch v Maryland (1819)  - Established supremacy of national government over states because of implied powers.  Gibbons v Ogden (1824)  Gave Congress power to regulate “interstate commerce” which encompassed many forms of commercial activity.

11. Dual Federalism  “Layer Cake” federalism  established by Marshall/Taney court and Civil War Definition: A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.  Dred Scott v. Sanford (1857) Left issue of slavery to states/territories

12. Cooperative Federalism  Congress taking more control during “Progressive Era”  “Marble Cake” federalism  Great Depression and New Deal Definition: A system of government in which powers and policy assignments are shared between states and the national government. Categorical Grants Grants for states with a specific purpose  LBJ and the “Great Society” States forced to comply with “national agenda”  Project Grant- Competitive Application  Ex: National Science Foundation  Formula Grant- Distributed based on formula. Ex: Population, per capita income, etc…

13.  “Preemption  national government preempts, or overrides state and local actions  OSHA and EPA regulations Unfunded Mandates  Requires states to comply with national regulations without federal funding ADA (Americans with Disabilities Act Civil Rights Act Clean Air Act

14. New Federalism  Conservative (Republican) agenda in late 1970s/early 1980s = changing relationship of federalism Declining size of national government  returning powers to the states  “Reagan Revolution” or “Devolution”  Block Grants replaced categorical grants Monies to states with broad purposes and few restrictions/strings attached Four Categories  Health, Income Security, Education, Transportation

15. New Federalism  “Devolution Revolution” Personal Responsibility and Work Opportunity Reconciliation Act of 1996  “Welfare to Work”  Returned administration of most welfare programs to states

16. Federalism Advantages Disadvantages  Increasing access to government  Local problems can be solved locally  Hard for political parties / interest groups to dominate ALL politics  States have different levels of service (pg 90/91- Education spending)  Local interest can counteract national interests  Too many levels of government - too much money http://www.thedailyshow.com/watch/mon- november-8-2010/rick-perry-pt--1 http://www.thedailyshow.com/watch/mon- november-8-2010/rick-perry-pt--2