2. This chapter should demonstrate the concept and development of federalism. In particular, it should cover federalism in relationship to other forms of government: confederal and unitary. Care must be taken to explain in detail what events (political, judicial, economic, or social) influenced the changes in federalism.
The book has noted major Supreme Court decisions related to federalism, including: McCulloch, Gibbons, Barron, Dred Scott, and later Lopez.
Chapter 3 Federalism

3. Chapter Outline and Learning Objectives
LO 3.1: The national government has both enumerated and implied powers under the Constitution. An additional group of concurrent powers are shared by national and state governments. Other powers are reserved to the states or the people or expressly denied to both governments, although the national government is ultimately declared supreme. The Constitution also lays the groundwork for the Supreme Court to be the arbiter in disagreements between states.
LO 3.2: Early on, the Supreme Court under the leadership of John Marshall played a key role in defining the relationship and powers of the national government through its broad interpretations of the supremacy and commerce clauses.
Roots of the Federal System
LO 3.1: Trace the roots of the federal system and the Constitution’s allocation of governmental powers.
Federalism and the Marshall Court
LO 3.2: Determine the impact of the Marshall Court on federalism.

4. Chapter Outline and Learning Objectives
Discussing the role of the federal government between the Civil War and the 1930s can pose problems. In particular, the Progressive era between the 1890s and the 1920s seems to be more characterized by monopolies, big business, and egregious worker exploitation. The balance of power, first set in the hands of the states with the election of Andrew Jackson, falls into the hands of the national government during the Civil War and Reconstruction, only to revert to the states (or perhaps better put, big business/corporations). Some of this power shifts with the elections of Teddy Roosevelt and Woodrow Wilson (with the help of WWI) but then returns to the states until the election of FDR following the stock market crash of Excellent examples of these shifts are provided with the explanation of the Sherman Anti-Trust Act, first passed by Congress in the 1880s, then later dismissed by the Courts in the 1890s.
LO 3.3: For many years, dual federalism, as articulated by the Taney Court, tended to limit the national government’s authority in areas such as slavery and civil rights, and it was the norm in relations between the national and state governments. The Civil War, however, forever charged the nature of federalism when the nation was reunited, and a departure from this view became evident with the ratification of the Sixteenth and Seventeenth Amendments in 1913.
LO 3.4: The notion of a limited federal government met its demise in the wake of the Great Depression. Franklin D. Roosevelt’s New Deal ushered in an era of cooperative federalism, in which the power of the national government increased and states and local governments took a secondary, albeit important role in governance. This growth in the size and role of the federal government escalated during Lyndon B. Johnson’s administration and into the 1970s. Federal grants became popular solutions for a host of state and local problems.
Dual Federalism: The Taney Court,
Slavery, and the Civil War
LO 3.3: Describe the emergence and decline of dual federalism.
Cooperative Federalism: The Growth of National Government
LO 3.4: Explain how cooperative federalism led to the growth of the national government.

5. Chapter Outline and Learning Objectives
A good discussion topic would be Peterson’s (cited by O’Connor) theory of redistributive and developmental policies. The role of the federal government has historically been seen in terms of conservatives versus progressives—with progressives favoring a powerful federal government, while conservatives generally favor power in the hands of the states. The recent development of the tea party movement could make this a very topical discussion. Do we need to have a scenario in which we either have small government/low taxes or large government/high taxes? Or, as Peterson claims, should we give both federal and state/local governments specific areas of power—one redistributive, the other developmental? Federalist Paper No. 45 could also be used here as Madison discusses his own theory on which entity should have power and during what times (war and peace).
LO 3.5: After becoming president in 1981, Ronald Reagan tried to shrink the size and powers of the federal government through New Federalism. This trend continued through the 1990s and included the Contract with America. Initially, George W. Bush’s administration seemed committed to this devolution, but the September 11, 2001, terrorist attacks led to substantial growth in the size of the federal government. The Roberts Court has set an ambiguous course in determining the direction and role of the federal government.
LO 3.6: The roles and relative strengths of the national and state governments have changed over time. Political scientists argue that the national government is best suited for redistributive policy and the states for developmental policy. Recent changes in progressive federalism have embraced these roles.
New Trends in Federalism
LO 3.5: Identify new trends in federalism.
Toward Reform: Attempts to Balance National and State Power
LO 3.6: Assess the challenges in balancing national and state powers and the consequences for policy making.

6. The unitary system of Great Britain The Articles of Confederation
Roots of the Federal System LO 3.1: Trace the roots of the federal system and the Constitution’s allocation of governmental powers.
The unitary system of Great Britain
The Articles of Confederation
The Federalist compromise
National and state governments share power
These powers are derived from the people
To Learning Objectives

7. National Powers Under the Constitution
LO 3.1
National Powers Under the Constitution
Article I, section 8 (18 clauses)
Enumerated Powers
Includes powers to coin money, provide a military, declare war, create courts, etc.
Clause 3: the commerce clause
Implied Powers
Clause 18: the necessary and proper (Elastic) clause
Article VI, clause 2: the supremacy clause
To Learning Objectives

8. State Powers Under the Constitution
LO 3.1
State Powers Under the Constitution
The Tenth Amendment
Those powers not enumerated are reserved to the states
Includes regulations for health, safety, morality, and police powers
To Learning Objectives

9. Concurrent Powers and Powers Denied Under the Constitution
LO 3.1
Concurrent Powers and Powers Denied Under the Constitution
Concurrent (shared) powers
Taxation
Chartering banks
Borrowing money
Denied powers
Bills of attainder
Ex post facto laws
To Learning Objectives

10. Interstate Relations Under the Constitution
LO 3.1
Interstate Relations Under the Constitution
Article IV
The full faith and credit clause
Defense of Marriage Act
Privileges and immunities clause
The extradition clause
Slaves
Article I, section 10, clause 3
Interstate compacts
To Learning Objectives

11. What is the Defense of Marriage Act?
LO 3.1
A law making divorce illegal.
A law ensuring that marriage will never be outlawed in any state.
A law designed to circumvent the full faith and credit clause by allowing states to disregard same-sex marriages performed in other states.
A law allowing separated couples to stay legally married for tax and child custody purposes indefinitely.
A law prohibiting taxation in any form to be placed on the act of marriage.
To Learning Objectives

12. What is the Defense of Marriage Act?
LO 3.1
A law making divorce illegal.
A law ensuring that marriage will never be outlawed in any state.
A law designed to circumvent the full faith and credit clause by allowing states to disregard same-sex marriages performed in other states.
A law allowing separated couples to stay legally married for tax and child custody purposes indefinitely.
A law prohibiting taxation in any form to be placed on the act of marriage.
To Learning Objectives 12

13. Sets new balance of state and national powers
Federalism and the Marshall Court LO 3.2: Determine the impact of the Marshall Court on federalism.
Sets new balance of state and national powers
McCulloch v. Maryland (1819)
Concerns the power of states to tax the national government
Gibbons v. Ogden (1824)
Concerns congressional power to regulate interstate commerce
Barron v. Baltimore (1833)
Concerns the protections of the Bill of Rights – Does the Bill of Rights protect people from the actions of state government?
To Learning Objectives

14. LO 3.2
Which of the following Supreme Court cases restricted the powers of the national government?
Barron v. Baltimore (1833)
McCulloch v. Maryland (1819)
Gibbons v. Ogden (1824)
All of the above
None of the above
To Learning Objectives

15. LO 3.2
Which of the following Supreme Court cases restricted the powers of the national government?
Barron v. Baltimore (1833)
McCulloch v. Maryland (1819)
Gibbons v. Ogden (1824)
All of the above
None of the above
To Learning Objectives 15

16. The Dred Scott decision Nullification
Dual Federalism ( ): The Taney Court, Slavery, and the Civil War LO 3.3: Describe the emergence and decline of dual federalism.
Dual federalism – national and state powers are equal with distinct spheres of responsibility
Layer cake
The Dred Scott decision
Congress cannot regulate slavery
Nullification
Post Civil War – volatile relationship between national and state governments
Commerce, Anti-Trust, and Sixteenth and Seventeenth Amendments
To Learning Objectives

17. LO 3.3
The Sherman Anti-Trust laws were tested in a lawsuit by the federal government targeting what?
State banks
Child labor
Sugar refineries
Slavery
Railroads
To Learning Objectives

18. LO 3.3
The Sherman Anti-Trust laws were tested in a lawsuit by the federal government targeting what?
State banks
Child labor
Sugar refineries
Slavery
Railroads
To Learning Objectives 18

19. Federal government makes categorical grants to states
Cooperative Federalism ( ): The Growth of National Government LO 3.4: Explain how cooperative federalism led to the growth of the national government.
Photo Caption: How did the New Deal change federalism?
The New Deal included a variety of public works programs such as the Works Progress Administration (WPA). These new programs were symbolic of increasing federal–state interactions and the end of dual federalism.
Cooperative federalism – federal government leads national agenda with state cooperation
Marble Cake
New Deal of the 1930s
Great Society of the 1960s
Federal government makes categorical grants to states
To Learning Objectives

20. LO 3.4
The Supreme Court’s _________ attitude was reflected in the early years of the New Deal.
fascist
laissez-faire
lazy
progressive
religious
To Learning Objectives

21. LO 3.4
The Supreme Court’s _________ attitude was reflected in the early years of the New Deal.
fascist
laissez-faire
lazy
progressive
religious
To Learning Objectives 21

22. Return to state’s rights, or New Federalism The Reagan Revolution
New Trends in Federalism (1980-) LO 3.5: Identify new trends in federalism.
Photo Caption. What was the devolution revolution?
Here, then House Minority Whip Newt Gingrich (R–GA) promotes the tenets of the Contract with America in A top priority of the program was to scale back the scope and size of the federal government. Though some of the Contract’s proposals became law, most of its goals remained unfulfilled.
Return to state’s rights, or New Federalism
The Reagan Revolution
Block grants
Devolution
Contract with America
George W. Bush
Preemption
The Supreme Court
Up to Roberts!
To Learning Objectives

23. In 1996, TANF replaced the existing federal _________ program.
LO 3.5
In 1996, TANF replaced the existing federal _________ program.
gender equality
labor
education
environmental
welfare
To Learning Objectives

24. In 1996, TANF replaced the existing federal _________ program.
LO 3.5
In 1996, TANF replaced the existing federal _________ program.
gender equality
labor
education
environmental
welfare
To Learning Objectives 24

25. Redistributive and Developmental Policies
Attempts to Balance National and State Power LO 3.6: Assess the challenges in balancing national and state powers and the consequences for policy making.
Photo Caption. How does a president’s view of government affect public policy?
Here, the cartoonist uses satire to illustrate contrasting views on the roles of the federal government. Although overstated, this comparison between Presidents Ronald Reagan and Barack Obama shows how their views of federalism are reflected in their policy agendas.
Redistributive and Developmental Policies
“Pork” problems
The No Child Left
Behind Act of 2001
Patient Protection and
Affordable Care Act
of 2010
Progressive Federalism
“Laboratories of democracy”
To Learning Objectives

26. LO 3.6
The Obama administration has allowed California to impose stricter limits on what?
Fatty foods found at fast food restaurants
Drug use
Greenhouse gas emissions
Gun ownership
Access to abortion
To Learning Objectives

27. LO 3.6
The Obama administration has allowed California to impose stricter limits on what?
Fatty foods found at fast food restaurants
Drug use
Greenhouse gas emissions
Gun ownership
Access to abortion
To Learning Objectives 27

28. Figure 3.1: How many governments are there in the United States?
To Learning Objectives

29. Figure 3.2: From where does governmental authority come?
Back
To Learning Objectives

30. Figure 3.3: How is governmental power distributed in the federal system?
Back
To Learning Objectives