1. What constitutional concept is highlighted in Forest Gump
What constitutional concept is highlighted in Forest Gump? Watch the video clip!
Governor of Alabama George Wallace refusing to desegregate the University of Alabama pursuant to federal law in 1963.
The National Guard was forced to intervene and enforce federal orders.
The scene exemplifies the conflict that existed between the state of Alabama and the national government.

2. Enquiry Question: How does the federal-state relationship work?

3. Learning Outcomes
To understand the constitutional basis of federalism and the powers of the federal and state governments
To explain the relationship between the federal government and the states
To examine examples of the impact of federalism

4. The word “federalism” does not exist in the constitution, but the concept of federalism is clearly evident if you look a little closer…
Federalism
Using a digital/print copy of the US Constitution, find evidence of the concept of federalism.

5. Where is federalism in the constitution?
The list of powers granted to and denied to the Congress in Article I, and the powers reserved by the 10th Amendment of the U.S. Constitution serve as an outline of Federalism.
YOUR TASK:
Read the excerpts from the Constitution on the worksheet.
Label each power;
E if it represents an enumerated power (granted to the Federal government)
D if it is a denied power
R if it is a reserved power

6. Print money (bills and coins) Declare war Establish an army and navy
Exclusive powers of the national government
Concurrent or shared powers
Exclusive powers of the state government
Print money (bills and coins)
Declare war
Establish an army and navy
Enter into treaties with foreign governments
Regulate commerce between states and international trade
Establish post offices and issue postage
Make laws necessary to enforce the Constitution
Setting up courts
Creating and collecting taxes
Building highways
Borrowing money
Making and enforcing laws
Chartering banks and corporations
Spending money for the betterment of the general welfare
Taking (condemning) private property with just compensation
Establish local governments
Issue licenses (driver, hunting, marriage, etc.)
Regulate intrastate (within the state) commerce
Conduct elections
Ratify amendments to the U.S. Constitution
Provide for public health and safety
Exercise powers neither delegated to the national government or prohibited from the states by the U.S.Constitution (For example, setting legal drinking and smoking ages.)

7. Where is federalism in the constitution?
Discussion Questions:
Which clause of Article I, Section 8 do you think has the greatest influence on the discussion of federalism?
Why could the strongest case be made for this clause?
The Tenth Amendment does not list any specific powers. What does that mean?
In what ways might the Tenth Amendment influence the interpretation of the Enumerated Powers?

8. Learning Outcomes
To understand the constitutional basis of federalism and the powers of the federal and state governments
To explain the relationship between the federal government and the states
To examine examples of the impact of federalism

9. Think back to Alabama and George Marshall…
What did the state want?
What did the federal government want?
Which level of government prevailed?
Why?
Where in the constitution is there a basis for this?

10. Acts of Congress & Treaties
The Supremacy Clause (Article 6, Clause 2) in the Constitution establishes the Constitution and United States laws as the “supreme Law of the Land.”
US Constitution
Acts of Congress & Treaties
State Constitutions
State statute law
City Order
However, state and local governments operate in a similar way. Read the hand-out to explain how.

11. Declare war on another country
Sometimes only the federal government or the states legislate on an issue. However, sometimes both states and the federal legislate on the same issues. So who legislates on the following areas?
Declare war on another country
Decide what is ‘discrimination’ and pass laws against it
Decide if, when and how the death penalty is applied
Decide who qualifies to vote and how voting takes place
Defines marriage
Defines crimes
Decides the speed limit
Decides if, when and who can access abortion
Organises and oversees the police force

12. Learning Outcomes
To understand the constitutional basis of federalism and the powers of the federal and state governments
To explain the relationship between the federal government and the states
To examine examples of the impact of federalism

13. Federalism in Action
The balance of power and authority between the Federal government and the states has shifted at different times in American history.
New legislation can grant new authority or responsibility to Federal, state, or local government.
Using the worksheet, we are going to examine two famous pieces of legislation that shifted the balance of authority between the Federal government and the states during the 20th century.
Each example reflects an interpretation of the relationship between state and Federal governments at one time.
Balancing Federal and state powers is a complex process, and the balance of power has shifted at different times in American history.

14. Federalism in Action
Social Security Act 1935
Voting Rights Act 1965

15. EXAMPLE: How does federalism affect sex?
“…crossing a state boundary can involve ‘stepping into another moral universe’. Oral sex for example, was illegal in 15 of the 50 states as late as Adultery remained a crime in 24 of them. Eight states had prohibited the sale, though not the use of ‘marital aids’. Thirty-three states had no statute relating to fornication, but in 17 it was considered a misdemeanour or felony. Incest was a felony in 48 states but only a misdemeanour in Virginia and did not even merit a statute in Rhode Island. Prostitution was only a misdemeanour in most states but the strongest condemnatory language in American sex law was reserved for sodomy, although 23 states had no statutes at all pertaining to the practice. Theoretically the state of Alabama allows sex with donkeys and corpses (no law exists against either bestiality or necrophilia), but punishes oral sex between husbands and wives.” Robert Singh, American Government & Politics p243

16. Learning Outcomes
To understand the constitutional basis of federalism and the powers of the federal and state governments
To explain the relationship between the federal government and the states
To examine examples of the impact of federalism

17. How and why is federalism enshrined in the Constitution?
Federalism is the separation of the structure of government into two more or less autonomous layers, and the powers of each are entrenched in the constitution. The term ‘federalism’ is not mentioned in the constitution, but the role of the states in US government is established in the constitution principally by:
equal representation of each state in the Senate
the Electoral College for electing the president
state boundaries cannot be changed without states’ consent
the constitution can only be amended with the consent of ¾ of the state legislatures
the tenth amendment reserves to the states all those powers not explicitly delegated to the central government
The framers of the constitution wished to establish a political system which protected the role of the states, as the founders of the new country, and to create a central government strong enough to pull the country together into a functioning whole. Thus, both were granted significant powers within a federal system.

18. Homework
Application Task: Explain how and why federalism is enshrined in the Constitution. Flipped Learning Presentation Task: Reading and Note Taking: Extent of democracy within the Constitution (Pearson p ) Stretch & Challenge Task The Federalist Papers