1. Federalism
The system that divides power between the national government and state government

2. Founding Fathers Thinking
Created a system between Articles & tyrannical system of Great Britain
Federalism based on sovereignty of the people
Delegate power to central government
Delegate power to state government
Vertical separation of powers - limiting the power of government – prevent tyranny

3. The framers sought to create a federal system promotes:
strong national power in certain spheres, and recognizes states sovereignty in other spheres.
Federalist No. 46 – States Rights
James Madison: states and national government "are in fact but different agents and trustees of the people, constituted with different powers.“
Federalist No. 28 – National Rights
Hamilton: both levels of government would exercise authority to the citizens' benefit: "If their [the peoples'] rights are invaded by either, they can make use of the other as the instrument of redress."

4. Strengths of Federal System
Strong national government to meet national needs
Currency
Tax
Declare war etc.
Preserves state rights
Marriage
Gun laws
Death penalty
education

5. Local action in local concerns
Gambling
Illegal immigrants – Arizona
Marriage?
Keeps government close to the people
Local ordinances
State laws
National action in National concerns
Security
Engaging troops/war
Discrimination?

6. Sometimes state laws become federal laws
Allows states to act as “laboratories” and rate policies that may become federal laws
Suffrage
Welfare
Education
legalization of marijuana
immigration?
Sometimes state laws become federal laws
SB 1070
Same sex marriage
Abortion
Healthcare

7. Weaknesses Expensive Inefficient Federal blackmail
Too much bureaucracy
Gridlock
Federal blackmail
$ given to states under certain circumstances
No Child Left Behind
.08 drinking level
Drinking age
Categorical Grants – Federal funds for specific purpose

8. Forcing a state to do something through federal legislation
Clean Water Act
NCLB
Affordable Care Act
Gay marriage
Unfunded mandate
States receive no $ to meet the demands
Civil Rights Legislation
Americans with Disabilities Act
Voting Rights Act
Motor voter Law

9. Roots of the Federal System
National Powers
Enumerated
17 powers granted in A1, S8
Powers exclusive to National Government
Figure 3.3, p. 101 in textbook
Coin money, regulate commerce declare and conduct war
Necessary and Proper Clause
A1, S8, clause 18
Powers necessary to carry out enumerated powers
Increases national power
These powers are known as implied powers

10. Supremacy Clause
A6, S2
Solves issues between state and federal governments
“the laws of the United States, and its treaties are to be supreme law of the land”
McCulloch v Maryland (1819)
Taxing a federal entity
Gibbons v Ogden (1824)
Shared waterways

11. State Powers Reserve Powers Privileges & Immunities Clause A4 S2
A1, A2, A4, and 10th Amendment
P. 101, figure 3.3 in textbook
Elections, amendments to Cons., estab. local govt.
Privileges & Immunities Clause A4 S2
Guarantees citizens of each state are afforded the same as citizens of all other states
No unreasonable distinctions - NJ requiring state employees to reside in state or lose their jobs?
NJ First Act 2011

12. Relations among the States
Framers wanted a united country
Constitution designates the Supreme Court arbiter of state disputes - A3 S2
A4: Full Faith & Credit “. . .given to each State to the public Acts, Records, and judicial Proceedings of every other State.”
Not absolute
Wms. vs N. Carolina – denied full faith and credit for quickie divorces.

13. 9th & 10th Amendment
States retain powers not enumerated in the Constitution as belonging to the national government, and not denied to the states
Issues today not designated by the Framers
US v Lopez: Carrying a weapon within a school zone is a crime punishable by the state, not Federal authority - general police power held only by the states under the 10th amendment

14. Concurrent Powers Powers shared by the national and state governments
Never tried before
Same power, own set of officials – each level would also be supreme in some spheres
Taxing power
Borrow $
Establish court systems
Supremacy Clause would not be able to interfere

15. Powers Denied National Government A1, S9
Suspend Habeas corpus (rebellion or invasion)
Pass bill of attainder, ex post facto laws
Denies gov. authority to take arbitrary actions affecting constitutional rights and liberties.
Tax items exported from any state
Give preference to ports of one state over another

16. Powers Denied States A1, S10 Enter into treaties, alliances Coin money
Pass ex post facto laws
Enter into compacts with other states or foreign powers
consent of Congress for interstate
Approx. 200 in force today
Engage in war

17. Pre John Marshall Increased Nationalism Madison & Jefferson
Articles of Confederation inadequate
US federal system devised
Madison & Jefferson
States right to void federal legislation they
judge unconstitutional;
sedition Act of 1798
Crime to criticize government of US
unconstitutional

18. John Marshall Court 1801-1835 Nationalist Period
Marshall court increased power of Federal Government
Marbury v Madison (1803)
McCulloch v Maryland (1819)
Gibbon v Ogden (1824)
Served as Chief Justice for 35 years
Duel Federalism & Nullification
States ability to ignore federal law

19. Dual Federalism Period of Dual Federalism [1789-1932]
Federal and state governments are co-equals, each sovereign – layered cake federalism
Exercise power separately in areas of concern to them
Narrow interpretation of Constitution
National government should not exceed its constitutionally enumerated powers
10th Amendment: all other powers are reserved
to the states
Separate and equal

20. Primacy of States Rights
Main Elements of Dual Federalism
Primacy of States Rights
Necessary and Proper clause (Elastic Clause)
Should be narrowly interpreted
National government rules by enumerated powers only
National and States are sovereign in their own spheres – layer cake federalism
Gov. powers are separate
Relationship between nation and
state is characterized by tension
rather than cooperation.

21. 10th Amendment – all other powers
Federal government has jurisdiction if clearly expressed in the Constitution
Money
Foreign affairs
10th Amendment – all other powers
Reserved to the states
States have greater role and powers
Public education
Race relations

22. Strong Emphasis on States Rights Taney Court 1835-1863
Dred Scott decision
Sued to be free under Missouri Compromise
Slavery forbidden by the Missouri Compromise
Only citizens of the US could be a citizen of a state/territory
Only citizens could file suit in court
Declared Missouri Compromise unconstitutional
Declared Congress did not have the authority to
bar slavery in the territories

23. Civil War – Continuation of Dual National v State Conflict not resolved
Federal Government & Constitution reign
National Government grew in size and power
Imposed its will on states with Civil War Amendments – 13th, 14th, 15th
Supreme Court supported states police powers
Plessy v Ferguson (1898) – separate but equal
Civil Rights cases became state matters
Supreme Court supported Federal power regarding economy – regulating commerce
Interstate Commerce Act
Sherman Anti-Trust Act

24. Stronger National Government
The beginning of change
16th Amendment (1895)
Authorized Congress to enact a national income tax
17th Amendment (1913)
Made Senators directly elected by the
people
Removed their selection by state
legislature

25. Jim Crow laws
Constitutional interpretation: states could determine voting eligibility along with most civil rights
10th amendment vs. Civil War Amendments
Southern states denied blacks their voting rights for many years
Federal Gov. did not enforce Civil War Amendments
Plessy v Ferguson 1898 “separate but equal” doctrine supported by Supreme Court

26. Cooperative Federalism 1933~1980’s
Federal Government intervenes or assists in some areas traditionally left to the states
Education
Healthcare
Civil rights
Began with the New Deal in the 1930’s
Sweeping national programs
Supreme Court eventually confirmed FDR’s right to intervene
Marble cake Federalism – no clear distinctions

27. Cooperative Federalism
Broad interpretation
necessary & proper clause
10th Amendment
Supremacy clause
Commerce Clause
Elements of Cooperative Federalism
National & state work together
Routinely share power
Power not concentrated in any one area
Grants in aid: categorical, block, revenue

28. Brown v Board of Education 1954 LBJ and the “Great Society 1964-68
Supreme Court mandated school integration
LBJ and the “Great Society
programs to fight poverty
programs to fight civil rights violations
Increased federal spending with strings attached
Nixon and 1970’s
Clean Air and Clean Water Acts - direct orders
Federal programs funded through “block grants
States have some discretion over spending
Revenue Sharing – no strings ended
Conservatives favor? Liberals favor?

29. Differences between Dual and Cooperative Federalism
How each interprets the necessary and proper clause
Dual: narrow interpretation of elastic clause (implied power) and states’ rights
Cooperative: broad interpretation of necessary and proper clause and what the Tenth Amendment actually states
Conservatives favor layer-cake
Liberals favor marble cake

30. New Federalism: Devolving Power to the States
Devolution 1980’s – 2001
Reagan Revolution
Took steps to shrink the size of the federal gov.
Lowered taxes
Favored programs administered by state
Budget deficits rose – federal gov. unable to fund programs – unfunded mandates
US v Lopez strengthened state rights
Gun control on school property does not fall under federal authority
Clinton: welfare responsibility of states

31. 9/11 Era Greater federal control – increases size of gov
Wars/military conflicts
Afghanistan, Iraq, Syria, Lybia
Law enforcement
Homeland Security, TSA
Security – Patriot Act
Education
NCLB, Race to the top, tuition loans
Deficits
Disaster Relief
Katrina, Irene, Sandy, Matthew, tornados
FEMA

32. New New Federalism??
Is the Supreme Court deciding the direction? Restrict or increase? State addressing own problems??
Bush v Gore 2000
AZ SB 1070
Affordable Health Care Act
Same Sex Marriage
Marijuana – recreational/medicinal
Gun control
What if necessary & proper clause was not included in the Constitution?

33. New New Federalism Questions
Should the federal government impose strict carbon standards on the states?
Do the Common Core Standards go too far in taking away state and local autonomy in education?
Should states be allowed to legalize marijuana despite its federal status as a controlled substance?
What role should the states play in health care policy?