1. Unit 1 – foundations of government
Ch. 3 - federalism
Unit 1 – foundations of government

2. 1. What is federalism?
Dividing government into different levels (national, state, & local) where political power is shared among them

3. Then…
Anti-Federalists feared that the Constitution would create an all- powerful national government that would sacrifice liberty & states’ rights

4. now…
The national government’s powers have increased over the years (social welfare, education, health care, minimum wage, a large standing army, & an activist federal court system)
Kelo v. City of New London (2005)

5. Laws that fall under federal government jurisdiction…
Laws to protect the environment
Laws dealing w/nuclear waste
Laws expanding low-income housing
Laws guaranteeing abortion
Laws providing special services for the handicapped
Laws strengthening public school graduation standards (Common Core)

6. Laws that fall under state government jurisdiction…
Laws that create/maintain speed limits
Laws dealing w/purchasing alcohol/liquor
Laws describing how much $ is spent on schools
Laws detailing whether all or most children have health insurance coverage
Laws penalizing drug sales
Laws detailing funding for religious schools

7. The goal of our founding fathers
Create a federal system of government whereby personal liberties would be protected/upheld

8. The goal of our founding fathers (Continued)
This federal system would prevent any one level to wield supreme power over the others
Federalist #28 (Hamilton) – people could shift their support between the 2 levels as needed to keep them in balance

9. The goal of our founding fathers (Continued)
This federal system was an entirely new plan that had never been tried before
The Constitution doesn’t even mention state powers specifically (10th Amendment)

10. Elastic language
It would’ve taken years to draft the Constitution if we used ‘exact language’
it also wouldn’t be practical because circumstances would change & society would evolve making specifically worded clauses obsolete &/or irrelevant

11. Differing views on Federalism
Hamilton – believed that the national gov’t. should be the superior & leading force in political affairs whose powers should be broadly defined & liberally construed

12. Differing views on Federalism
Jefferson – believed that the state governments should be the superior & leading force in political affairs with national gov’t. powers strictly defined & construed along with an emphasis placed on protecting individual liberties

13. Debating the meaning of Federalism (The Supreme Court)
Nullification(1798) – the doctrine that a state could declare null and void a federal law that, in the state’s opinion, violates the Constitution

14. Ch. 3 – The supreme court & federalism in-class activity #1
For each case on the next 2 slides, describe the background, ruling, & impact in 1 to 2 sentences for each(20pts.)

15. Debating the meaning of Federalism (The Supreme Court)
National Government Sovereignty – The Supreme Court has ruled over the years to strengthen the power of the national government
McCulloch v. Maryland (1819) – describe the background, ruling, & impact
Gibbons v. Ogden (1824) - describe the background, ruling, & impact
Wabash, St. Louis & Pacific Railroad v. Illinois (1886) - describe the background, ruling, & impact

16. Debating the meaning of Federalism (The Supreme Court)
State Sovereignty – The Supreme Court has ruled over the years to strengthen states’ rights
U.S. v. Lopez (1995) - describe the background, ruling, & impact
U.S. v. Morrison (1995) - describe the background, ruling, & impact
Printz v. U.S. (1997) - describe the background, ruling, & impact
Alden v. Maine (1999) - describe the background, ruling, & impact
Federal Maritime Commission v. South Carolina Ports Authority (2002) - describe the background, ruling, & impact

17. Comparing our federal system to other types of governments
Our system (like those in Canada, Australia, India, Germany, & Switzerland) allows it’s state/local units to exist independent from the national government
In a unitary system (such as G.B. & France), the local units are simply offshoots of the centralized national gov’t. & can even be altered or abolished

18. Political impact of federalism
There is increased political activity among the populace when there is a federal system (why?)
The more levels – the more elected officials to vote for & the more people feel they can impact political processes

19. Impact of state governments to direct democracy
State constitutions are allowing for more direct democracy among their citizens through…
Initiative – voters can put legislation on the ballot
Referendum – voters can reject legislation on ballot
Recall – voters can remove an elected official through the ballot

20. Federal/state relations
Grant-in-aid - $ given to the states from the national government
The $ was there (thanks to tariffs & the personal income tax)
The federal gov’t. could print more $ at will
It’s politically advantageous to receive $ from the Federal gov’t.

21. Federal/state relations
Categorical Grant - $ given to the states from the national government for specific purposes
Example - $ to build an airport, a college dorm
Problems w/Categorical Grants – not enough revenue; too many strings (Conditions of Aid/Mandates); difficult to get political support

22. Federal/state relations
Devolution – Pres. Reagan (1981) tried to consolidate scores of categorical grants into 6 large block grants in an effort to cut federal spending & reduce the size of our national government so we could solve the growing debt problem