1. LEQ: What is Federalism? How is it relevant today?

2. The Madisonian System Thwarting Tyranny of the Majority
LO 2.5
The Madisonian System
Thwarting Tyranny of the Majority
Limiting Majority Control – To keep most of the government beyond the control of the masses.
Separating Powers – Branches are relatively independent of the others so no single branch could control the others.
Lecture Outline
Thwarting Tyranny of the Majority
James Madison and his colleagues feared both majority and minority factions.
Limiting Majority Control
To prevent tyranny by the majority, Madison believed that it was essential to keep most of the government beyond the control of the masses.
Under Madison’s plan that was incorporated in the Constitution, voters’ electoral influence was limited and mostly indirect.
Only the House of Representatives was directly elected; senators and presidents were indirectly elected, and judges were nominated by the president (modified by the Seventeenth Amendment, which provides for direct popular election of senators).
Separating Powers
The Madisonian scheme provided for a system of separation of powers in which each of the three branches of government would be relatively independent of the others so that no single branch could control the others.
Power was not separated absolutely, but was shared among the three institutions.
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3. LO 2.5 To Learning Objectives
Figure 2.3 The Constitution and the Electoral Process: The Original Plan
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman

4. The Madisonian System Thwarting Tyranny of the Majority (cont.)
LO 2.5
The Madisonian System
Thwarting Tyranny of the Majority (cont.)
Creating Checks and Balances – Each branch needs the consent of the others for many actions.
Establishing a Federal System – Federalism divides power between national and state governments.
Lecture Outline
Creating Checks and Balances
Since power was not completely separate, each branch required the consent of the others for many of its actions— thereby creating a system of checks and balances that reflected Madison’s goal of setting power against power to constrain government actions.
The president checks Congress by holding the veto power.
Congress holds the “purse strings” of government, and the Senate has the power to approve presidential appointments.
Judicial review (the power of courts to hold executive and congressional policies unconstitutional) was not explicit in the Constitution, but was asserted by the Supreme Court under John Marshall in Marbury v. Madison (1803).
Establishing a Federal System
Since the framers thought much government activity would take place in the states, federalism was considered an additional check on the power of the national government.
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5. LO 2.5 To Learning Objectives
Figure 2.4 Separation of Powers and Checks and Balances in the Constitution
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Copyright © 2011 Pearson Education, Inc. Publishing as Longman

6. Governmental Structure
Federalism: A way of organizing a nation so that two or more levels of government have formal authority

7. F E D E R A L I S M
a way of organizing a nation so that all power resides in the central government
Example: Great Britain
a “loose” friendship with limited central gov’t…
*Think: Articles of Confederation or the UN!

10. The Constitutional Basis of Federalism
The Division of Power
Supremacy Clause, Article VI of the Constitution states the following are supreme:
The U.S. Constitution
Laws of Congress
Treaties
Yet, national government cannot usurp state powers.
Tenth Amendment

11. Dual Federalism (Layer Cake)
Definition: A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies
Like a layer cake
Narrowly interpreted powers of federal government

12. Cooperative Federalism (Marble Cake)
Definition: a system of government in which powers and policy assignments are shared between states and the national government
Like a marble cake
Shared costs and administration
States follow federal guidelines

13. What do you think?
Should controversal decisons be left to the a states or federal government?
Assisted suicide
marijuana
Gay marriage

14. What do you think?
Some of the hottest issues in American politics are, at their core, disputes over federalism.
Gay marriage
Medical marijuana
assisted suicide
In general, the federal government has power over economic issues, the military and defense.
In general, state governments have power over social, moral, and family issues.

15. Fiscal Federalism
Definition: The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments

16. Understanding Federalism

17. Grants-In-Aid are federal funds provided to states and localities
Grants-In-Aid are federal funds provided to states and localities. These funds usually subsidize a public project or program. Began during the New Deal.
Example- Congress requiring states to raise the drinking age to 21 from 18 to qualify for federal funds for highways.
Categorical grants are for specific purposes defined by federal law; they often require local matching funds.
Examples- Head Start, Food Stamp Program, Medicaid

18. Grants and Revenue Sharing
Block grants- were grants devoted to general purposes with few restrictions—states preferred
Examples- community development, assistance for needy families, social services, and recently for homeland security at state and local levels.
Revenue sharing- Congress part of the federal tax revenues to states, cities, and counties to fund local projects and services.
Fund any program
Eventually replaced by block grants

19. Federal Aid and Federal Control
Mandates: federal rules that states or localities must obey
Example- No Child Left Behind Act, American With Disabilities Act, Clear Air Act.

20. Cross-Cutting Requirements
Purpose: Promote social and economic goals and to ensure uniformity throughout the states.
Cross-cutting requirements mean that if states fail to comply with federal mandates, they can run the risk of losing the federal funds.

21. Federal Preemption
“Supremacy Clause” - Invalidation of state laws when it conflicts with federal law. Decided by Supreme Court and other federal courts
Federal Government given jurisdiction to make laws “necessary and proper” Continued/ongoing battle.
Examples- alcohol and gun laws.

22. Understanding Federalism

23. Understanding Federalism

24. Summary
American federalism is a governmental system in which power is shared between a central government and state governments.
The United States has moved from dual to cooperative federalism
Federalism leads to both advantages and disadvantages to democracy.