1. Chapter 3
FEDERALISM

2. Theories and Metaphors
Federalism: the division of power between a central government and regional governments

3. Systems of Government
Federal: Central and state/local governments share power in government
Unitary: State/local governments derive all authority from a strong national government
Central government is superior
Confederation: National government derives its powers from the states
State/local governments are superior

4. Enumerated Powers
Exclusive powers of the national government via Article I Section 8
Coin money
Declare war
Commerce clause
Provide for a national
defense

5. Delegated Powers
Exclusive powers of the national government via Article I Section 8, Article II and III
Powers granted to Congress
President’s powers
Judiciary powers

6. Reserved Powers
Article I: set the “Times, Places, and Manner for holding elections.”
Article IV also provides each state a “Republican Form of Government
Tenth Amendment
Reserve or Police Powers
Public Health
Safety
Intrastate commerce

7. Concurrent Powers Powers shared by national and state governments
Borrow money
Establish courts
Make laws
Collect taxes

8. Denied Powers under the Constitution
Bill of attainders: Laws declaring an act illegal without a judicial trial
Ex Post Facto laws: laws that punish for actions that occurred before such actions were made criminal
Cannot suspend the writ of habeas corpus: protects against illegal imprisonment

9. Necessary and Proper Clause
Article I, Section 8
Gives Congress the authority to pass all laws “necessary and proper” to carry out the enumerated powers specified in the Constitution. (a.k.a. elastic clause)
Implied powers: powers derived from enumerated powers and the necessary and proper clause but not found in the Constitution.

10. Commerce Clause Listed in Article I, Section 8
Enumerated power giving Congress the power to regulate commerce between states, foreign countries, and Native American tribes
Interstate commerce
Has resulted in a growth of the national government’s power
Regulation of segregation (Heart of Atlanta Motel v. U.S.)
Regulation of navigation (Gibbons v. Ogden)

11. Metaphors for Federalism

12. Dual Federalism
Dual Federalism (layer-cake federalism): a view that holds the Constitution is a compact among sovereign states, so that the powers of the national governments and the states are clearly differentiated
The national government rules by enumerated powers ONLY
States tend to have more power via 10th Amendment

13. Dual federalism The layer-cake approach (dual federalism)
Developed under the leadership of Chief Justice Roger B. Taney ( ) and lasted until the New Deal
Dred Scott v. Sandford (1857): Congress lacked the authority to ban slavery in territories
Missouri Compromise was unconstitutional
Came to an end with the Great Depression, leading to an increase in federal power

14. Dual Federalism
The following have been used to increase the power of the state government relative to the nation:
Block Grants: targeted money for general purpose
“Few strings attached”
Gives states greater discretion on how to spend the money
Tenth Amendment
Reserves power to the states and people

15. Cooperative Federalism
Cooperative Federalism (marble-cake federalism): a view that holds that the Constitution is an agreement among people who are citizens of both state and nation
Tends to favor national government (supremacy clause)
National and state agencies typically undertake government functions jointly rather than exclusively

16. New Deal FDR creation of government programs to stimulate economy
Many programs overturned by Supreme Court
“Court-packing”: FDR threatened to increase SC justices from 9 to 13.

17. Cooperative Federalism
The following are features of the Constitution which have led to a growth in the power of the national government:
Necessary and Proper Clause
Supremacy Clause
Commerce Clause

18. New Federalism Ronald Reagan takes office in 1980 Devolution
Returning some of the responsibilities assumed by the federal government back to the states
Unfunded Mandates Reform Act
Restricted the number of unfunded mandates
Welfare Reform Act of 1996
Restructured the welfare system to return much authority and distribution of welfare dollars to the states

19. Federal vs. State Powers
Increases the power of the federal government relative to the states:
1) Commerce Clause:
allows Congress to regulate interstate commerce
2) Categorical Grants:
States must spend money in accord with the national government’s wishes
3) Unfunded Mandates:
Commands from the national government to the states with no money provided

20. Federal vs. State Powers
4) Selective Incorporation
Supreme Court has applied Bill of Rights to the states by means of the 14th Amendment
5) Federal Mandates: Command from the national government to the states which requires the state undertake a national government function
Civil Rights Act (1964)
Prevented all forms of discrimination based on race, color, religion, sex, or national origin
Clean Air Act (1970)
$ million in costs on states and localities
Americans with Disabilities Act (1990)
Cities and states had to make their buildings wheelchair accessible
$1 billion in costs on states and localities
Unfunded mandate

21. Key Federalism Court Cases
ALL cases strengthened the power of the NATIONAL government
Marbury v. Madison (1803)
Established Judicial Review
McCulloch v. Maryland (1819)
Denied Maryland the right to tax the Second National Bank of the United States
Gibbons v. Ogden (1824)
interstate commerce included the power to regulate navigation of the New York waters.
Heart of Atlanta Motel v. United States (1964)
interstate commerce included the power to regulate private business.
Obergefell v. Hodges
State laws prohibiting recognition of same-sex marriage violate the United States Constitution (judicial review)

22. Key Federalism Court Cases
Cases that strengthen the power of STATE governments
Dred Scot v. Sandford (1857)
Congress lacked the constitutional authority to ban slavery in the territories
Strengthens powers of the states
Missouri Compromise of 1820 overturned
U.S. v. Lopez (1995)
Gun Free School Zone Act 1990 was unconstitutional, commerce clause did NOT apply to guns or education

23. 14th Amendment and Federalism
Due Process Clause
Our individual protections found in the Bill of Rights cannot be taken away by the states (incorporation) without due process
Extends due process to the states
Citizenship Clause
“Any person born or naturalized in the United States is a citizen”
States must recognize all people born or naturalized in the U.S. as citizens
Equal Protection Clause
As citizens of the United States, states cannot discriminate against people/groups of people