1. FEDERALISM

2. The fear was tyranny so power was divided between the Federal and State Governments. Separation of
Church and State ( Wall of Separation)
1. A federal system allows both national and state governments to derive power from the people (aka Dual Federalism)
2. A Unitary system has all local and regional governments deriving power from a strong national government and not the people

3. Number of U.S. Governments

4. Article Four of the Constitution
1. Full Faith and Credit (respect contracts and judicial orders entered into in another state)
Out of state driver’s licenses
2. Privileges and Immunities (same rights state to state as provided by the national government)
Higher out of state college tuition, Wait 30 days to
vote.
3. Interstate Compacts
Extradition – usually granted but not always
Agreement between states – Dispose of garbage

5. What was the Defense of Marriage Act?
A law making divorce illegal.
A law ensuring that marriage will never be outlawed in any state.
A law designed to circumvent the full faith and credit clause by allowing states to disregard same-sex marriages performed in other states.
A law allowing separated couples to stay legally married for tax and child custody purposes indefinitely.
A law prohibiting taxation in any form to be placed on the act of marriage.

6. What was the Defense of Marriage Act?
A law making divorce illegal.
A law ensuring that marriage will never be outlawed in any state.
A law designed to circumvent the full faith and credit clause by allowing states to disregard same-sex marriages performed in other states.
A law allowing separated couples to stay legally married for tax and child custody purposes indefinitely.
A law prohibiting taxation in any form to be placed on the act of marriage. 6

7. National Powers Under the Constitution
Enumerated Powers
17 specific powers granted to Congress
Article 1, section 8 of the U.S. Constitution
Taxation
Coinage of money
Regulation of commerce
National defense
Necessary and Proper Clause
Implied Powers
Supremacy Clause
Mandates that national law is supreme to all other laws passed by the states or by any other subdivision of government

8. Reserve -State Powers Under the Constitution
Article 1
Allows states to determine time, place, and manner of elections for House and Senate representatives
Article II
Requires that each state appoint electors to vote for president
Article IV
Privileges and immunities clause
Republican form of government
Protection against invasion
Tenth Amendment
States’ powers described here
Reserve or police powers

10. Concurrent Powers Concurrent powers
Authority possessed by both state and national governments and exercised concurrently (at the same time)
Power to tax
Right to borrow money
Establish courts
Make and enforce laws to carry out these powers

11. Denied Powers States cannot Congress cannot
Enter into treaties
Coin money
Impair obligation of contracts
Cannot enter into compacts with other states without congressional approval
Congress cannot
Favor one state over another in regulating commerce
Cannot lay duties on items exported from any state (No State Tariffs)

12. ARTICLE SIX OF THE CONSTITUTION
1. ALL NATIONAL DEBTS WILL BE HONORED
2. SUPREMECY CLAUSE {constitution is supreme law of the land and national laws pre-empt state laws}

13. THE KEY 3 COURT CASES 1. Marbury v. Madison (1803)
2. McCulloch v. Maryland (1819)
3. Gibbons v. Ogden (1824)
Federalist John Marshall expands the power of the Federal Judiciary and the Federal Government

14. McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) All of the above
Which of the following Supreme Court cases restricted the powers of the national government?
Barron v. Baltimore (1833)
McCulloch v. Maryland (1819)
Gibbons v. Ogden (1824)
All of the above
None of the above

15. McCulloch v. Maryland (1819) Gibbons v. Ogden (1824) All of the above
Which of the following Supreme Court cases restricted the powers of the national government?
Barron v. Baltimore (1833)
McCulloch v. Maryland (1819)
Gibbons v. Ogden (1824)
All of the above
None of the above 15

16. AMENDMENTS ADD TO FEDERAL GOVERNMENTS POWERS
14TH Amendment. (Due Process)
16th Amendment …….(Tax)
17th Amendment …….(Senators)
24th Amendment…….(No Poll Tax)

17. CIVIL WAR STARTS THE CHANGE
Transcontinental Railroad
Homestead Act
Morrill Land Grant (land for colleges)

18. FDR EXPANDS POWER OF FEDERAL GOVERNMENT
1. New Deal (power to local cities from feds because FDR needs to get around state power groups)
2. Cooperative Federalism ($ changes everything…layer cake to marble cake)

20. The Supreme Court’s _________ attitude was reflected in the early years of the New Deal.
fascist
laissez-faire
lazy
progressive
religious

21. The Supreme Court’s _________ attitude was reflected in the early years of the New Deal.
fascist
laissez-faire
lazy
progressive
religious 21

22. LBJ AND THE GREAT SOCIETY
1964 Election Mandate
War on Poverty
Earmarks (federal aid goes where federal government thinks it would do most good)
States losing power to the Federal Government
Entitlement Spending

23. Ronald Reagan, George H.W. Bush, and George W. Bush
New Federalism: Reduce Federal Government by increasing power of state governments.
Devolution – transfer power from national
To state government.

24. Identification
Block Grant- An unrestricted sum of money granted by the federal government to a state or local government. This can be with or without guidelines.
Advantage- Allows regional governments to experiment with different ways of spending money.
Disadvantage- Regional governments can spend the allotted money without restriction, causing turmoil.

25. Examples and Results
Examples- Child Welfare*, Food Stamps*, Head Start*, Medicaid*, Temporary Assistance for Needy Families(TANF), Social Services Block Grant(SSBG), Community Development Block Grant(CDBG), Safe Street Program, Partnership for Health Program.
Results- Funding has gradually decreased, and “creeping categorization” reduces state flexibility with acquired money.
Do block grants increase the power of the federal government to the states, or increase the states power to the federal government?
*=currently proposed block grants.

26. Background Info/How it came to be
Block grants have been in existence since 1966 because states were in need of funding for certain programs.
The earliest block grants were Democratic, but the subsequent ones were Republican.
The block grants of the 1970’s provided more money than the programs they replaced. Although this was true, block grants made up a minimal amount of federal funding to states.
It was not until 1981, that several different grants were consolidated into block grants, making up 17% of the federal funding.

27. KEY TERMS TO KNOW
Categorical Grants: $ from congress for a specific purpose
Block Grants: $ from congress and states have wide discretion as to how to spend it
Unfunded Mandate: national law passed and enforced but no money comes with it (think NCLB or Disability Laws)
Preemption: federal government overrides state interest or action
Sovereign Immunity: state cannot be sued unless it gives its permission

28. Categorical Grants Appropriated by Congress for specific purposes
Highway funding, airport building, welfare, school lunches, etc.
Usually require the state to “match” (put up money for) the federal grants although matching funds can vary widely

29. Categorical Grants Many categorical grants
A few, including Medicaid, and Aid to Families with Dependent Children, account for almost 85% of total spending for categorical grants

30. Categorical Grants
State & local officials complain that these grants are often too narrow and cannot be adapted easily to local needs

31. GRANTS-IN-AID
Today, even though block grants still exist, Congress is always tempted to add “strings” that set requirements for how federal grants are to be spent
As a result, block grants gradually become more categorical, a phenomenon known as “creeping categorization”

32. New Federalism: Returning Power to the States
The Devolution Revolution (Ronald Reagan)
Contract with America (Newt Gingrich)
Unfunded Mandates
National laws that require state compliance but contain no federal funding to help pay the cost
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform)

33. MANDATES Most apply to civil rights & environmental protection
State programs may not discriminate against specific groups of people, no matter who pays for them

34. MANDATES
Mandates have been criticized strongly by state & local governments
From their point of view, it is easy enough for Congress to pass mandates when the states must pay the bills (“unfunded mandates”)

35. MANDATES
Federal guidelines included requirements for public schools to build access ramps & elevators, provide special buses & personnel, & widen hallways—all with no federal money to help schools comply

36. MANDATES
Federal control on the activities of state & local governments
Rule that tells states what they must do in order to comply with federal guidelines

37. In 1996, TANF replaced the existing federal _________ program.
gender equality
labor
education
environmental
welfare

38. In 1996, TANF replaced the existing federal _________ program.
gender equality
labor
education
environmental
welfare 38

39. The Obama administration has allowed California to impose stricter limits on what?
Fatty foods found at fast food restaurants
Drug use
Greenhouse gas emissions
Gun ownership
Access to abortion

40. Fatty foods found at fast food restaurants Drug use
The Obama administration has allowed California to impose stricter limits on what?
Fatty foods found at fast food restaurants
Drug use
Greenhouse gas emissions
Gun ownership
Access to abortion 40

41. Redistributive and Developmental Policies
“Pork” problems
The No Child Left
Behind Act of 2001
Patient Protection and
Affordable Care Act
of 2010
(“Obama care”)
Photo Caption. How does a president’s view of government affect public policy?
Here, the cartoonist uses satire to illustrate contrasting views on the roles of the federal government. Although overstated, this comparison between Presidents Ronald Reagan and Barack Obama shows how their views of federalism are reflected in their policy agendas.