1. Chapter 3
Federalism
Presentation by Eric Miller, Blinn College, Bryan, Texas. Copyright © 2003 McGraw-Hill. All rights reserved. No part of this presentation may be reproduced in any form without permission from the publisher.

2. Federalism: National and State Sovereignty
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Federalism: National and State Sovereignty
Sovereignty:
Ultimate governing authority
Can be divided between different levels of governments.

3. Federalism: National and State Sovereignty
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Federalism: National and State Sovereignty
Federalism
Based on Figure 3-1, page 72.

4. Federalism: National and State Sovereignty
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Federalism: National and State Sovereignty
Confederacy
Based on Figure 3-1, page 72.

5. Federalism: National and State Sovereignty
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Federalism: National and State Sovereignty
Unitary System
Based on Figure 3-1, page 72.

6. Federalism: National and State Sovereignty
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Federalism: National and State Sovereignty
The Argument for Federalism
Protecting Liberty
Moderating the Power of Government
Strengthening the Union

7. Federalism in Historical Perspective
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Federalism in Historical Perspective
An Indestructible Union ( )
The Nationalist View:
Early Federalism ( )
Marbury v. Madison (1803)
Judicial Review
McCulloch v. Maryland (1819)
Can the US government create a National bank?
Can a state tax the federal Government?

8. Federalism: National and State Sovereignty
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Federalism: National and State Sovereignty
The Powers of the Nation
Enumerated Powers (article 1, section 8)
Tax, Declare War, Commerce, Post Office, Money
Implied Powers
The authority to take action that is not written in the constitution but supports actions that are authorized by constitution
Elastic Clause (Necessary and Proper Clause)
Congress shall make all laws Necessary and Proper to carry out enumerated powers

9. Federalism: National and State Sovereignty
The Powers of the States
Reserved Powers or Police Powers
10th Amendment (1791)
Powers not delegated by the constitution or prohibited to states, are reserved to the states
Education, Health, Police, Safety
Concurrent Powers
Powers shared federal & state government
Borrow money
Courts
Taxes

10. Denials of Power-National
Article 1, Section 9
No taxes on exports
No Bill of Attainder
No ex post facto Laws
No suspension of Writ of Habeas Corpus
No Title of Nobility
Cannot change state boundaries
Cannot violate Bill of Rights
Permit Slavery
Deny citizens right to vote

11. Denial of Power-State Article 1, Section 10 No tax import or export
Coin Money
Enter into treaties
Grant Title of Nobility
Permit Slavery
Deny citizens the right to vote based on race, color, gender
Abridge Privileges & immunities of citizens
Deny due process or equal protection of the law

12. Constitutional Federalism
Supremacy Clause
Article VI of the US Constitution
US Constitution, national laws (if constitutional) and treaties (made by national government) supreme over state laws when the national government is acting within its constitutional limits.
All state executive, legislative, judicial officials are bound by oath to support US Constitution

13. States’ Obligations to each other
Full Faith & Credit Clause (Article IV, Section 1)
Each state must recognize the official documents and civil judgments rendered by the courts in other states.
Public acts, records, and civil judicial proceedings of every other state.
Driver’s license, Birth Certificates
Marriages and Divorces
Defense of Marriage Act-Federal Law
States can disregard gay marriages, even if they are legal elsewhere in the US.

14. States’ Obligations Extradition
States are required to return a person charged with a crime in another state to that state for trial or imprisonment.
A lawbreaker cannot avoid punishment by simply escaping to another state.

15. States’ Obligations
Privileges & Immunities Clause (Article IV, Section 2)
Citizens of each state receive all the privileges and immunities of any other state in which they happen to be.
Prohibits states from discriminating against citizens of other states.

16. Federalism in Historical Perspective
Dual Federalism ( )
Layer Cake Federalism
State and federal remain supreme in own areas
The Fourteenth Amendment (1868) and State Discretion
Barron v. Mayor of Baltimore (1833)
Constitution’s Bill of Rights only limited the national government, not the states
Plessy v. Ferguson (1896)
Separate but Equal

17. Federalism Cooperative Federalism (Marble Cake)
Federal, State, & Local governments cooperate to achieve common goals.
Great Depression
FDR’s NEW DEAL
1950s-60s, national government began support public elementary & Secondary education
School Districts must comply with federal rules & Regulations for federal assistance.
NCLB Act
States still retain many areas of authority

18. Fiscal Federalism Government Revenues & Intergovernmental Relations
Categorical Grants
Federal grants used for a specific purposes, “categories” of state & local spending with springs attached
Non discriminating provisions
Examples-Head Start & Medicare
Block Grants
Federal grants given to states, communities to support broad programs
Social Services
TANF

19. Federalism today A New Federalism: Devolution
Devolution, Judicial Style
Idea that American federalism will be improved by a shift in authority from the federal government to the states & local governments.
United States v. Lopez (1995)
SC voided a federal law that prohibited the possession of guns within 1000 feet of a school.
Federal law violated 10th Amendment