1. Federalism
Unit Two
Chapter Three

2. Today’s Key Questions What is federalism?
Why did the United States choose a federal system of government?
How does federalism benefit us?
How does federalism hurt us?

3. Defining Federalism What is Federalism?
Complex relationship of shared power among the different levels of government
Non-federal governments:
Unitary governments
Confederation

4. In Groups: Pros and Cons of Federalism?
How does dividing power between the federal government and local governments benefit our country?
Hurt our country?

7. Changing Views of Federalism
Review the polls and data provided by Pew foundation
How have views of federalism changed in recent decades?
What might explain these changes?

8. How does federalism benefit us?
A compromise
Decentralizes our politics
Brings government closer to the people
Decentralizes our policies
Federal and state governments handle different problems.
Drinking ages, marriage, and speed limits.

9. How does federalism benefit us?
States and municipalities function as “political training ground”
For future leaders
New government initiatives
Allows for many political subcultures

10. Federalism: Pros and Cons

11. Federalism: Pros and Cons

12. How does federalism hurt us?
Powerful state and local interests can block national plans
Factions at state and local levels
Perpetuates inequality among states
Expansion of national power at expense of the states
Can get messy and complicated

13. The Constitutional Basis of American Federalism
Where does the Constitution mention federalism?
It doesn’t! So how do we know we have a federal system?
The Constitution specifies (or implies) different types of powers that suggest a federal system

14. The Constitutional Basis of Federalism
Powers of the National Government
Enumerated Powers
Implied Powers; The Necessary and Proper Clause (1, 8)
Inherent Powers
Supremacy clause (6,2)

15. The Constitutional Basis of Federalism
Powers of the State Governments
Tenth Amendment
Police power, the authority to legislate for the protection of the health, safety, and welfare of the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

16. The Constitutional Basis of Federalism
Concurrent
Powers
Power to
Tax
Power To Make
and
Enforce Laws
Power To
Establish
Courts
National
Government
Police
(Limited)
State

17. The Constitutional Basis of Federalism
Prohibited Powers
National government can’t tax exports.
State governments can’t conduct foreign policy or coin money.
Bill of attainder: Laws declaring acts illegal without a trial
Ex post facto laws: Makes acts punishable as a crime even if action was legal at the time

18. The Constitutional Basis of Federalism
Vertical checks and balances
Checks on the national government?
10th Amendment
States’ interests represented in Congress
States’ consent for amendments
National programs administered by states
Checks on state governments?
Clauses (supremacy, elastic, commerce)
Fiscal federalism and grants

19. The Constitutional Basis of Federalism
Relations Among the States (Article IV)
Full faith and credit clause: Each state must recognize official documents and judgments rendered by other states.
DOMA and gay marriage
Privileges and Immunities Clause: Visitors to each state receive same rights as citizens
In-state tuition?
Extradition: States must return accused criminals in another state to that state for punishment.

20. Changing Federalism
Key Question: How and why has federal power increased over the years?
Reason #1: Early Supreme Court Decisions that established national supremacy
Necessary and Proper Clause
McCulloch v. Maryland (1819)
The Commerce Clause
Gibbons v. Ogden (1824)

21. Establishing National Supremacy: The Marshall Court
McCulloch v. Maryland (1819)
Did Congress have the authority to charter a bank?
Marshall: YES! Affirmed that the power of Congress is not strictly limited to the expressed powers. Marshall held that Congress has implied powers to carry out the expressed powers (necessary and proper clause)

22. Establishing National Supremacy: The Marshall Court
McCulloch v. Maryland (1819)
OK, so Congress can set up a bank. Can a state tax that bank?
Marshall: NO! Established doctrine of national supremacy: no state can tax the national government, which is dependent on the people, not the states for its powers (supremacy clause: VI, 2)

23. Establishing National Supremacy: The Marshall Court
Gibbons v. Ogden (1824).
Key Question: What is the scope of the government’s authority under the commerce clause?
Increased national governments power using an expansive interpretation of the commerce clause (federal government can regulate commerce between/among states, with foreign nations, Indians)
This case set the precedent for the national government to regulate a wide range of economic activities, especially from

24. Today’s Topics How has federalism changed over the years?
Dual federalism
Cooperative federalism
New Federalism
How does the federal government use funding to influence states and local governments?
Fiscal federalism

25. Which level is most equipped?
Commonly provided public services…
Roads and Highways
National Defense
Health Care
Public Housing
Education
Others?
Which level of government is best suited to take primary responsibility for regulating the service? Why?

26. Federalism Over the Years
Dual Federalism (Layer Cake):
Separate spheres of power with equal jurisdictions.
Supreme Court often ruled in favor of the states (Dred Scott)
16th and 17th amendments signified a shift towards more federal government power

27. Federalism Over the Years
Cooperative Federalism (Marble Cake): 1930s-1960s
Cooperation between the national government and the states to solve problems
More shared powers/responsibilities
States follow federal guidelines

28. Federalism Over the Years
Picket-fence federalism: New Deal programs typically were funded by the federal government, but administered by states and local governments

29. Federalism Today: Fiscal Federalism
The Grants-in-aid System
Categorical Grants: federal grants that must be used for specific purposes
Project Grants: based on merit
Formula Grants: amount varies based on formulas
Block Grants: federal grants given to support broad programs/policies

30. Intergovernmental Relations Today

31. Federalism Today: Fiscal Federalism
Drawbacks for States
“Strings-Attached” Grants
No Child Left Behind
Mandates
Force states or local governments to comply with federal rules under threat of penalties
Unfunded mandates
Clean Air Act of 1990

33. Increased Federal Government Spending

34. Federalism Today: New Federalism
Devolution of Power (1970s-1980s)
Nixon and Reagan
Transfer of power back to states through….
Increase in block grants
Deregulation
Welfare Reform Act (TANF) of 1996

35. Federalism and the Supreme Court Today
The US Supreme Court plays a significant role in determining the power struggle between the federal government and states

36. Activity
You will be given a federalism-type question/issue and provide two answers:
Your personal belief
A Constitutional argument

37. Guns in Public Schools
Should the federal government be able to pass a law that bans guns from public schools?
United States v. Lopez (1995)

38. Federalism and the Supreme Court Today
United States v. Lopez (1995)
Court holds that Congress had exceeded its authority under the commerce clause when it banned the possession of guns within 1000 feet of any school
Court: This had nothing to do with commerce!
Key point: This was the first time in 60 years that the Supreme Court placed a limit of the federal government’s authority under the commerce clause

39. Sexual Assault
Can the federal government pass a law that allows rape victims to sue their attackers in a federal court? This would be in addition to any state laws that punish rapists…
United States v. Morrison (2000)

40. Federalism and the Supreme Court Today
United States v. Morrison (2000)
Court holds that Congress had exceeded its authority under the commerce clause when it passed the Violence Against Women Act in 1994
Key point: Congress can only use its commerce clause powers on issues that have a substantial effect on commerce

41. Handgun Background Checks
Can the national government force local sheriffs to check the backgrounds of prospective handgun purchasers?
Printz v. United States (1997)

42. Federalism and the Supreme Court Today
Printz v. United States (1997)
10th Amendment issue: Can the national government force state employees to check the backgrounds of prospective handgun purchasers?
Supreme Court: NO! The federal government cannot issue directives to force states address particular problems or command state employees to enforce a federal program
Brady Handgun Violence Prevention Act of 1993

43. Medical Marijuana
Can the federal government prohibit states from allowing medical marijuana?
Gonzales v. Raich (2005)

44. Federalism and the Supreme Court Today
Gonzales v. Raich (2005)
Can the federal government prohibit states from allowing medical marijuana?
Supreme Court: YES!
The federal government’s power to seize and destroy illegal drugs trumped California’s law legalizing marijuana for medical treatment

45. Physician-assisted Suicide
Can the federal government restrict doctors from using drugs to help terminally ill patients commit suicide?
Gonzales v. Oregon (2006)

46. Federalism and the Supreme Court Today
Gonzales v. Oregon (2006)
Can the federal government restrict doctors from using drugs to help terminally ill patients commit suicide?
Supreme Court: NO!
Upheld Oregon’s “Death with Dignity Act” that allowed patients to choose to end their lives early

47. Recap
The Supreme Court has made several important rulings that have shaped the balance of power in the American federal system.
From the New Deal until the 1980s, the SC generally expanded national power
Since the 1980s that trend has reversed, with more pro-states’ rights decisions

49. Federalism Wrap-up
Three factors have increased the federal government’s power under this system:
Necessary and Proper Clause
Commerce Clause
Power to tax (16th amendment) and spend (give money to states)
However, we have seen a shift back to state’s rights with recent Supreme Court decisions