1. Relationship between Federal and State Governments

3. How is living at your house like Federalism?
You own a ________ within the house
Who makes the "rules" for YOUR room? ________
Whose decisions outweigh your decisions? _______
Your parents don't usually let you “go anywhere” without asking you to “do” something first … examples …
What are your chores?" Do you get paid?
States are smaller units within the country
"Laws" for the state are made by the state
Federal laws is supreme to the state laws
Allowances from federal government usually come with strings attached (if you want federal highway funding, you will raise the drinking age).
Federal government mandates "programs" and then does not fund the program.

4. Both you and your parents have assigned responsibilities, what are your responsibilities around the house? (Parental expectations)
How does your family "share" the work-load?
What do you and your parents argue about?
Each room has different "rules" attached to it. What are the "rules" in each room?
Can you think of any time when you came up with a solution and the family implemented it?
Federal and State governments have separate responsibilities (Federal protects the country/economy, the states protect general welfare of the people within their state)
A lot of programs are "shared" by both the federal and state.
Both levels are constantly seeking to maintain "power"
Every state makes laws that "fit" their state/people (snow chains in some, not in others).
States try new programs, if they work at state level, they are brought up to the federal level.

5. Understanding Federalism

6. Why Federalism Matters
Gay marriage
Death penalty
Welfare reforms
Immigration policies
Leave no child behind
Abortion
Medical Marijuana
Money! (unfunded mandates)
Minimum wage issues
Hurricane Katrina
(where’s FEMA?-blame- federal/state/local?)

7. Title: Another Perfect Storm
Artist: Jeff Danziger Date: September,

8. States have their own laws…check these laws out 

9. Federalism in practice
State Laws on the books today…
It is illegal for a driver to be blindfolded while operating a vehicle.
It is illegal to wear a fake mustache that causes laughter in church.
A L A B A M A

10. Federalism in practice
State Laws on the books today…
Animals are banned from mating publicly within 1,500 feet of a tavern, school, or place of worship.
It is a misdemeanor to shoot at any kind of game from a moving vehicle, unless the target is a whale.
C A L I F O R N I A

11. Federalism in practice
State Laws on the books today…
Prohibits shooting rabbits from a motorboat.
K A N S A S
It is illegal to rob a bank and then shoot at the bank teller with a water pistol.
L O U I S I A N A

12. Federalism in practice
State Laws on the books today…
It is illegal to take more than three sips of beer at a time while standing.
It is illegal to drive without windshield wipers but a windshield is not required
It is illegal for one to shoot a buffalo from the second story of a hotel.
It is illegal to milk another person's cow.
T E X A S

13. What is Federalism?

14. What is Federalism?
Defining Federalism: the distribution of power between a central and sub-divisional governments
the central government
the states
the local government
all share power to make, enforce, and interpret laws

15. What is Federalism?
Both the state and federal governments have substantial power and responsibility

16. What is Federalism?
Both the federal government and the state government get their power from a common source - the constitution.

17. Why did they choose Federalism?
Federalism “Encourages Experimentation”
States can try public policies first.
If they fail, they are ignored

18. Why did they choose Federalism?
Federalism “Keeps Government closer to the People”
People can serve on local governments
Keeps us close to the issues and gives us firsthand knowledge of what needs to be done.
May be more responsive to the problem than experts in Washington.

19. Powers of the National Government “Delegated Powers”
Implied powers
powers that are inferred
Do you think the founders considered the…
Internet
Drug trafficking
Airlines
Electricity
etc…???
“necessary and proper” clause (elastic clause)

20. Powers of the National Government “Delegated Powers”
Inherent powers - Powers the federal government has simply because we are recognized by other world powers.
Examples include: to acquire territory

21. Powers of the States Reserved powers
powers not granted to the national government are reserved for the states.

22. Concurrent Powers Concurrent powers Examples include:
powers that are shared by both federal and state governments.
Examples include:
To tax
To define laws
To punish criminals
Many others…

23. Expansion of Federal Government
National Supremacy Article
“The constitution is the Supreme Law of the land.”
Officials of the state as well as the nation are bound by constitutional oath to support the Constitution.
States may not use their reserved powers to override national policies.

24. Expansion of Federal Government
War Powers:
National government (specifically President) has the power to wage war and do whatever is necessary and proper to do so successfully.

25. Expansion of Federal Government
Power to Regulate Interstate and Foreign Commerce- Commerce includes production, buying, selling, renting, and transporting goods, services, and properties.

26. Expansion of Federal Government
Power to Tax and Spend- Congress lacks constitutional power to regulate education or agriculture directly, yet it does have the power to appropriate money to support education or to pay farm subsidies.

27. Guarantees of the National government to the States (Article 4 of the Constitution)
Republican form of government- at least one representative in the house and 2 Senators.
Protection from invasion- both foreign and domestic
Territorial integrity-can not divide the state-must recognize boundaries.

28. Interstate Relations (Article 4 of the Constitution)
Full Faith and Credit-accept the other states a public record as valid-licenses divorce decrees, judicial settlements.
Interstate Privileges and Immunities-right to engage in occupations, access to the courts, freedom from discriminatory taxes, freedom from unreasonable residency requirements

29. Interstate Relations (Article 4 of the Constitution)
Extradition-no state can hold fugitives from other states.
Interstate Compact- interstate agencies to handle interstate problems-most need congressional approval. Typically a state belongs to 20 compacts (environment, crime, water rights)

30. The Role of the Federal Courts-Umpires of Federalism
McCulloch V. Maryland (1819)- Maryland levied a tax again the Baltimore Bank of the United States.
McCulloch, the cashier of the bank refused to pay on the grounds that the state could not tax an instrument of the national government.

31. McCulloch V. Maryland
State argued that a bank is not absolutely necessary to the exercise of any of the delegated powers, and that Congress had no authority to establish it.
Also the power to tax is a reserved power, and the state can use it as they see fit.

32. McCulloch V. Maryland
Federal government argued- that the implied power means Congress has the authority to enact any legislation convenient and useful for carrying out its delegated national powers. They used the bank as a means for collecting taxes, borrowing money, and caring for the property of the United States.
The Decision- John Marshall: He established the doctrine of national supremacy. No state can use its reserved taxation power to tax a national instrument because the power to tax involves the power to destroy.

33. An Expanding Role for the Federal Courts-
Authority of the courts has grown through modern judicial interpretation of the 13, 14, and 15th amendments and congressional legislation enacted to implement them.
Recently, the Court has returned to the states several some very explosive political issues. EX: (Webster and Casey) both abortion cases.

34. Federalism and Use of Grants
Congress authorizes programs and appropriates funds-they have deeper pockets than the states.
Their most potent tool for influencing policy at the state level has been through grants.

35. Federalism and Use of Grants
Categorical grants- Congress appropriates money for specific purpose.
They also provide for federal supervision.

36. Categorical Grants continued
Most common is the Project Grant- awarded on the basis of competitive applications (research universities)
Formula Grants- distributed according to a formula-based on population, per capita income, percentage of rural population or some other factor.
Most common formula grant are those for Medicaid, child nutrition grants, sewage treatment, public housing and community development.

37. Federalism and Use of Grants
Block grants- broad grants given to states for prescribed activities- few strings attached, but when the money for any fiscal year is gone, there is no more money. The money is given in a lump sum!

38. Federalism and Use of Grants
Conditional grants-Congress appropriates the money BUT with conditions attached.
Can’t have the money unless you match the amount they are giving. (Raise the drinking age if you want your federal funding)