1. The Constitutional Underpinnings
Unit IB
Federalism: The Relationship, Powers, and Limits of the Federal and State Governments

2. What is Federalism? The Constitution established a federal republic
Division of powers between the national government and the states
Supreme authority rests with the national government, but some powers are reserved to the states

3. Know the Types of Powers
Enumerated Powers
Specifically written/given to national government
i.e. Declare war, coin money
Delegated Powers
Powers granted to agency/executive to facilitate duties
Implied Powers
Powers based on open interpretation
Necessary and Proper Clause (Elastic Clause)
i.e. Bank of the United States
Inherent Powers
Powers granted based on the sovereignty of the government
In order to facilitate a working government
i.e. Preamble; acquire territory; not recognize foreign governments
Concurrent Powers
Shared powers between the national government and the states
i.e. Levy taxes; establish federal and state judicial systems
Reserved Powers
Powers limited to the states
i.e. Education, welfare, intrastate commerce, elections

4. Article IV: Federalism
Full Faith and Credit Clause (Section 1)
“Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”
Privileges and Immunities Clause (Section 2)
“The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States”
Interstate Rendition Clause/Extradition (Section 3)
“A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another States, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime”

5. Article IV: National Government Guarantees to the States
Article IV, Section 4
“The United States shall guarantee to every State in this Union
“a Republican Form of Government,
“and shall protect each of them against Invasion;
“and on Application of the Legislature…against domestic Violence.”

6. Article VI: National Supremacy
Supremacy Clause (Article VI, Clause 2)
”The Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall the SUPREME LAW OF THE LAND; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
McCulloch v. Maryland (1819)
Second Bank of the United States
Gibbons v. Ogden (1824)
Commerce Clause
Heart of Atlanta Motel v. United States
United States v. Lopez (1995)
United States v. Morrison (2000)

7. A View on the Scope of Federal Government Power
John Marshall – McCulloch v. Maryland (1819)
Spencer Roane – Editorial from the Richmond Enquirer (1819)
The American people have declared their constitution, and the laws made in pursuance thereof, to be supreme; but this principle would transfer the supremacy , in fact, to the States… The people of all the States have created the general government, and have conferred upon it the general power of taxation. The people of all the States, and the States themselves, are represented in Congress, and, by their representatives, exercise this power...when a State taxes the operations of the government of the United States, it acts upon institutions created, not by their own constitutents, but by people over whom they claim no control. It acts upon the measures of a government created by others as well as themselves, for the benefit of others in common with themselves... The result is a conviction that the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
[The] Constitution conveyed only a limited grant of powers to the general government, and reserved the residuary powers to the governments of the states and the to the people; and that the Tenth Amendment was merely declaratory of this principle… The limited grant to Congress of certain enumerated powers only carried with it such additional powers as were fairly incidental to them, or, in other words, were necessary and proper for their execution... It is laid down in the report before mentioned that Congress under the terms “necessary and proper” have only all incidental powers necessary and proper, etc., and that the only inquiry is whether the power is properly an incident to an express power and necessary to its execution, and that if it is not, Congress cannot exercise it.
The Federal Government Is Supreme Over the States; The Federal Government Is Not Supreme Over the States

8. Tenth Amendment
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are RESERVED to the States respectively, or to the people.”

9. Fourteenth Amendment
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

10. Federalism and Laws Federal Superiority States’ Rights
Civil Rights Act of 1964
Voting Rights Act of 1965
Title IX of ESEA (1972)
Clean Air Act (1970)
American with Disabilities Act (ADA) (1990)
Personal Responsibility and Work Opportunity Act
Welfare Reform Act of 1996

11. Role of Government in Education
National Government
States’ Rights
Land Ordinance (1785)/Northwest Ordinance (1787)
Morrill Land Grant Act (1862)
Brown v. Board (1954)
National Defense Education Act (1958)
Elementary and Secondary Education Act (1965)
Title I
“Nation at Risk” (1983)
No Child Left Behind (NCLB) (2001)
Standardized tests
Annual Yearly Progress (AYP)
Tenth Amendment
Every Student Succeeds Act (ESSA) (2015)
Repeals much of NCLB

12. Federalism: Good and Bad
Best for large nation
Avoids concentration of power
Preserved state sovereignty
States are training/testing grounds
Government close to the people
Limits of the Constitution
Too many governments
Duplication of powers and functions
Conflicts of authority

13. History and Development of Federalism
Dual Federalism
Cooperative Federalism
Creative Federalism
New Federalism/Competitive Federalism
Fiscal Federalism

14. Dual Federalism Form of federalism from 1789-1932
National government and state governments retain separate powers and jurisdiction
aka layer-cake federalism
Sovereignty and limits of national government and state governments expressly upheld
Sharing of powers extremely limited

15. Cooperative Federalism
Form of federalism from s
aka marble-cake federalism
National government and state governments sharing more powers and cooperating on issues
New Deal programs and laws
Social Security Act
National Labor Relations Board
Federal Deposit and Insurance Corporation (FDIC)
Securities and Exchange Commission (SEC)

16. Mmm…Cake

17. Creative Federalism
Form of federalism of the 1960s under President Lyndon Johnson
Enhanced form of cooperative federalism
National government broadly expanded its power and influence in states and local governments
Great Society programs and laws
Civil Rights Act of 1964
Voting Rights Act of 1965
Medicare
Medicaid
Economic Opportunity Act
Elementary and Secondary Education Act
Housing and Urban Development Act
Highway Safety Act

18. New Federalism Form of federalism from 1970s to 2000s Devolution
aka Competitive Federalism
aka Our Federalism
Nixon, Reagan, W. Bush policies
Devolution
National government reduced its influence
States assumed more responsibility
Block grants for welfare, health, jobs

19. Fiscal Federalism Grants-In-Aid Revenue Sharing Mandates
Federal funds and resources provided to states and local governments
Categorical Grants
Federal funds for specific programs and projects
Project grant - competitive application
Research project
Formula grant - awarded on established formula
Medicaid
Block Grants
Federal funds for a broad category
States assume power to appropriate funds in category
Revenue Sharing
Federal tax revenue granted to states/local governments with limited restrictions on spending
Mandates
Federal requirements applied to states and local governments
Unfunded mandates impose federal requirements at state/local expense