1. Unit 2: Federalism
Lecture & Discussion 1: The Division of Power

2. Objective
To define federalism and understand how its interpretation resulted in divergent perspectives on the relations between the national government and the states.

3. Do Now Analyze the cartoon and respond to the prompts:
What is the topic?
What is the cartoonist message?
Do you agree or disagree? Explain.

4. A. What is Federalism? Sovereignty and Government
unitary system: sovereignty is in the hands of the national government
confederal system: sovereignty is in the hands of the local or state governments
federal system: sovereignty is shared between national and state governments

5. Sovereignty and Government
Unitary Confederal Federal
Central
Central
Central
Local
Local
Local
China
Great Britain
Articles of Confederation European Union
United States Canada

6. A. What is Federalism? Dividing Governmental Powers
delegated powers: powers given to the national government (enumerated powers, implied powers, and inherent powers)
reserved powers: powers given to the state governments
concurrent powers: powers shared by the national and state governments

7. B. The Founding Divergent Views at Convention
dispute over proper division of power between new central government and existing states
Feds sought powerful national government, while Anti-Feds feared strong government would threaten independence of states
adoption of federalism was seen as a solution

8. B. The Founding A Novel Idea
two governments exercising power and authority over same people in same territory
both governments would have certain powers but neither would be supreme over the other
national government would address aggregate concerns while state governments would attend to local matters

9. B. The Founding Constitutional Language
fails to define relationship and spheres of power of national and state governments
Elastic Clause: Article I states Congress shall have the power to “make all laws which shall be necessary and proper for carrying into execution the foregoing powers.”
establishes the implied powers
used to expand power of central government

10. Implied Powers (What is Suggested)
Expressed Powers
Implied Powers (What is Suggested)
To regulate commerce
To establish a minimum wage
To raise army and a navy
To draft Americans into the military
To establish post offices
To establish laws prohibiting mail fraud

11. B. The Founding Constitutional Language
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”
establishes reserved powers of states
limits scope of national government

13. C. The Federalism Debate
Contradictory Interpretations
dual federalism: power is clearly divided between the national and state governments (“layer cake”)
cooperative federalism: a mixing of power, resources, and programs among the national, state and local governments (“marble cake”)

14. C. The Federalism Debate
Implications of Federalism
created a source of conflict between the national and state governments
a struggle ensued over “national interests” versus “states’ rights”
the nation experienced shifts in the balance of power between both governments over time