1. Organizing Government
Unitary v. Confederal v. Federal

2. How is government organized?

3. Pros and Cons of Each

4. Simulation – Deal with the following issues in each type of system
International Trade
Education
Taxes
Gay Marriage
Immigration
Refugees
National Debt
War with North Korea
Local governments
Driving Rules
Build Roads and Hospitals

5. Dual v. Cooperative Federalism
Layer-Cake v. Marble Federalism

6. Federalism – Where do states get their power? Why is it beneficial?
The 10th Amendment – Reserved Powers
Unlike Enumerated Powers which are powers given directly to the Federal Government
States also receive indirect power through the allocation of federal money – like grants-in-aid

7. Reserved v. Concurrent v. Enumerated Rights

8. Notecard Activity
With a partner, stand on the correct side for who you think your right belongs to:
State
Concurrent – Middle
Federal

9. Dual Federalism – Layer-Cake Federalism 1789-1930
History:
Favored states’ rights
There was a narrow view of the powers the fed held
Nullification
Fed should only have enumerated powers
McCulloch v. Maryland – further defines necessary and proper clause – Congress can create a national bank
Dual/Layer-Cake Federalism separates federal, state, and local into clearly delineated powers

10. Money and Grants under Dual Federalism
Land Grants – don’t exist anymore
Land to build colleges
Land to build roads, canals, and railroads
Cash Grants to maintain state militias

11. Cooperative Federalism – Marble Cake Federalism (1930-1990s)
Shift away from states’ rights to the federal government
The federal, state, and local governments share powers in a cooperative way.
This was due to the expansion of the Commerce Clause and the creation of the Welfare state
Commerce Clause = The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”
Often used to grant Congress more authority and limit state’s power to regulate
Before the New Deal, the Supreme Court interpreted the clause literally and narrowly ruling that the Commerce Clause only permits federal regulation of the buying, selling, and transportation of goods between states, not over the manufacture of goods within states, even if that manufacture was closely related to interstate commerce.
Gibbons v. Ogden
New Deal laws - including the creation of Social Security – Welfare state upheld by courts, eventually limited again with US v. Lopez
US v. Lopez C-SPAN Clip
The Court maintained that Congress could constitutionally regulate three things under the Commerce Clause: instrumentalities of commerce, the use or channels of commerce, and activities that substantially affect interstate commerce.

12. Money and Grants Under Cooperative Federalism
s brought about reforms to try and better the country – New Deal Grants-in-Aid and other block and categorical grants
Block Grants for things like income security, community development, health services, transportation, Medicaid, drug-abuse, pollution, and crime.
Categorical grants – specific, but with conditions-of-aid attached
For example: categorical grant to build an airport in a specific city v. a block grant for transportation
If states want to get the money, they have to follow the conditions of aid
Mandates start to become popular
Something that every state has to do and it can be funded or unfunded
Some states can get waivers, but most states have to follow the mandate (like ADA)

13. New Federalism/Devolution (1990s-Present)
Federalism is devolving back toward states’ rights. Starts with Reagan’s views.
Legacy of the New Deal and FDR still apparent
Social Security
Welfare
After US v Lopez, Courts start limiting Commerce Clause again
US v. Morrison (rape not considered to fall under interstate commerce)
Affordable Care Act – deemed constitutional, but only for the government’s power to tax, not under the Commerce Clause

14. Money and Grants Under New Federalism
Categorical grants become less popular because it means the federal government has more control
Block grants become more popular again
For things like community development, employment, etc.
Some unfunded mandates are put in place to protect the rights of people
Ie: the Americans with Disabilities Act

15. Notecard Activity
Line up with your notecard based on which era of federalism you think your block grant is in

16. Terms and Court Cases You Need to Know
McCulloch v. Maryland
Gibbons v. Ogden
US v. Lopez
US v. Morrison
Enumerated Powers
Reserved Powers
Concurrent Powers
Dual/Layer-Cake Federalism
Cooperative/Marble-Cake Federalism
Block Grants
Categorical Grants
Grants-in-aid
Mandates
Commerce Clause
Devolution

17. Wrap-Up What is the current rhetoric in the country today?
What do our candidates believe about states’ rights?
Do you think the country will continue to devolve away from federal power and toward states’ rights? Why or why not?
HW: Review Money in Federalism in Chapter 3