1. Federalism

2. Federalism is the division of power between the federal/national and the state/local government.

3. Federal Power Delegated/ expressed/ enumerated powers: Declare war
Coin Money
Raise & maintain a military( armed forces)
Regulate interstate/ foreign trade
Foreign relations
New states

4. Implied Powers Ex: draft, raise an army & navy
Ex: minimum wage, regulate commerce
Ex: Federal Reserve System, borrow money
Ex: punish tax evaders, collect taxes
Ex: prohibit mail fraud, establish post office
(Necessary & Proper clause- Article 1 section 8 aka elastic clause) Don’t write

5. Inherent Powers Examples Control immigration
Establish diplomatic relations
New territories
Defend gov

6. Concurrent Powers examples
Shared Powers
Concurrent Powers examples
Tax
Both tax your income
Transportation
Crimes & courts
Enforce laws
Spend for general welfare

7. States Powers Reserved Powers: Education Marriage/ divorce
Driving licenses
Elections
Regulate intrastate commerce
Local government systems
Protect the public’s health and welfare

8. Full faith and credit clause:
Interstate Relations
Full faith and credit clause:
States have to recognize legal documents from other states
Driver’s license, marriage license

9. Privileges and Immunities clause:
Residency requirements must be fair
Out of state tuition
Non-residents of NV pay extra $14,000 a year for tuition at UNLV
Extradition:
states must return fugitives from the law

10. McCulloch v. Maryland (1813)
Determined that the Elastic Clause (necessary & proper) of the Constitution allows for Congress to stretch its powers beyond what is written in the Constitution. (aka loose constructionist)

11. Where it gets tricky…
What if a state wants to pass a law that goes against a federal law?
NV passes a law that allows for use recreational marijuana
Or what if the federal gov wants to pass a law in an area that has historically belonged to the states?
Congress sets standards in education through Common Core

12. Supremacy Clause
Constitution supreme law of the land

13. Federalism Today

14. Gibbons v. Ogden (1824) Ferry between New Jersey & New York
Gibbons received a license from the federal gov
Ogden received one from NY
Who gets it?
Constitution gives Congress the power over interstate commerce (trade between states) thus Gibbons wins!

15. Dual Federalism Aka layer cake
Separate powers for state and national governments
Allows states to make many of their own decisions without federal interference

16. Examples of Dual Federalism
Allows businesses to create monopolies, low wages, etc.
Plessy v. Ferguson (1896)
Plessy: 1/8 black, sits in white compartment of a train, arrested, convicted
States could allow for “separate but equal” facilities

17. National Government Fights Back!
FDR & his New Deal begin to challenge states’ rights by creating new federal laws such FDIC (bank insurance)
Cooperative Federalism: Federal & state governments work together (who has the power when is not always clear)
AKA marble cake

18. Heart of Atlanta Motel v. U.S. (1964)
If you own your own business can you refuse the right to serve any one you want?
An owner of hotel in Georgia says YES!
The federal government passed a law that says – businesses cannot discriminate
Who’s right?

19. And the winner is… Congress:
Commerce clause: Congress can make rules affecting any kind of commerce between 2 or more states
If you know hotels in Georgia will refuse to serve you, you will not go, and your money will stay home thus affecting the economy of Georgia

20. So, if…
Congress can regulate any kind of commerce that crosses state lines, what does that include?
What then can Congress NOT regulate?
Does this leave Congress with ALL the power?

21. Let’s see…
U.S. v. Lopez (1995)

22. Significance of Lopez
Devolution: power returning to states from federal gov
Commerce Clause: cannot encompass everything
10th Amendment: states do reserve some powers
Judicial Review: Power of Supreme Court over other 2 branches (checks & balances)

23. Fiscal Federalism

24. Fiscal (taxing & spending) Federalism
Sharing of federal monies (revenue – money coming in via taxes) with states
A way to ensure that states comply with federal laws

25. Grants-in-Aid Money given to states for the following reasons:
Revenue: states need money
Minimum National Standards
Civil Rights Act of 1964: Antidiscrimination laws (Commerce Clause)
Equalize resources b/w rich and poor states
Solve national issues w/o federal agencies: let the states do it!

26. Types of Grants-in-Aid
Categorical Grants:
Strict guidelines (states like least)
Matching funds
Ex: School Lunches
2. Block Grants:
Less strict, provides only broad guidelines (states like)
Ex: Transportation funds
Ex: Welfare funds

27. Revenue Sharing: States receive a % of federal revenue
No guidelines – states really liked!
Ended in 1987 

28. Conditions of Aid (Rules Attached)
Mandate: states must obey
Unfunded Mandate: states must obey but are not given money to comply with order
Americans with Disabilities Act (1990): ADA
Gideon v. Wainright (1964)
Cross-over sanction
Surface Transportation Act: highway monies and drinking age (MADD)
Cannot enforce this law, only ask states to comply and give them money if they do

29. Is federalism a good idea?
Different ideas from states
Splits power
Doesn’t give too much power to the nation
Factions don’t get control (MADISON!!
States have a voice!
Unitary
Avoids conflicts b/w states & nations
States only carry out laws
Same laws – not confusing
Everyone is treated equally

30. Answer in complete sentences or write out questions and answer.
Summary
Answer in complete sentences or write out questions and answer.
What’s the difference b/t dual and cooperative federalism?
Explain the significance of McCullough v. Maryland.
Explain the significance of US v. Lopez
Describe the two types of Grants-in- aid