1. Federalism

3. Intergovernmental communications broke down during hurricane Katrina.
What could have been done differently?
Whose responsibility was it?

4. Why federalism?

5. Why Federalism?
The fear was tyranny so power was divided between the Federal and State Governments.
1. A federal system allows both national and state governments to derive power from the people (dual federalism)
2. A Unitary system has all local and regional governments deriving power from a strong national government and not the people

10. Number of U.S. Governments

11. Local Government
Local government’s authority is granted through state governments

12. National Powers under Constitution
Enumerated powers and elastic clause(Article I, section 8)
Implied powers come from elastic clause (example: draft)
Article 6 of Constitution – Supreme law of the land; “supremacy clause”

13. State Powers Under the Constitution
Article 1
Allows states to determine time, place, and manner of elections for House and Senate representatives
Article II
Requires that each state appoint electors to vote for president
Article IV
Privileges and immunities clause
Republican form of government
Protection against invasion
Extradition clause
Tenth Amendment
States’ powers described here—powers not delegated
to the US nor prohibited by it to the states are
Reserved for the states or the people
Reserve or police powers

15. Concurrent Powers Concurrent powers
Authority possessed by both state and national governments and exercised concurrently (at the same time)
Power to tax
Right to borrow money
Establish courts
Make and enforce laws to carry out these powers

16. Denied Powers States cannot Congress cannot Enter into treaties
Cannot pass bills of attainder
No expost facto laws
Coin money
Impair obligation of contracts
Cannot enter into compacts with other states without congressional approval
Congress cannot
Favor one state over another in regulating commerce
Cannot pass bills of attainder
No expost facto laws
Cannot lay duties on items exported from any state (No State Tariffs)

17. ARTICLE SIX OF THE CONSTITUTION
1. ALL NATIONAL DEBTS WILL BE HONORED
2. SUPREMACY CLAUSE {constitution is supreme law of the land and national laws pre-empt state laws}

18. Bellringer Copy the question and the correct answer.
1. What general area of policy is generally left up to the states?
Foreign policy
Military policy
Relations among several states
Health and welfare
Immigration
2. What general area of policy is generally left up to the central government?
Health
Interstate commerce
Education
Police
Voting requirements

20. THE KEY 3 COURT CASES 1. Marbury v. Madison (1803)
2. McCulloch v. Maryland (1819)
3. Gibbons v. Ogden (1824)
Federalist John Marshall expands the power of the Federal Judiciary and the Federal Government

21. Marbury v. Madison (1803)

23. Issues
Does Marbury have a right to the commission?
Does the law grant Marbury a remedy?
Does the Supreme Court have the authority to review acts of Congress and determine whether they are unconstitutional and therefore void?
Can Congress expand the scope of the Supreme Court’s original jurisdiction beyond what is specified in Article III of the Constitution?
Does the Supreme Court have original jurisdiction to issue writs of mandamus?

24. Gibbons v. Ogden (1824)
NY legislature granted Robert Fulton exclusive right to operate steamboats on Hudson River
Congress also licensed a ship for those waters
Question: What was the scope of Congress’ power under the commerce clause?
Ruling: Congress could regulate commercial activity and commerce powers had no limits; NY could not interfere with interstate commerce

25. Taney Court
Dred Scott v. Sandford (1857)
Justice Taney

26. Dred Scott case

27. Dred Scott case
Ruled that blacks were not citizens and therefore could not sue
Taney declared the Missouri Compromise unconstitutional
Left the issue of slavery in the hands of the state legislatures

28. Plessy v. Ferguson, 1896
Separate but equal facilities (as maintained by the states) was constitutional

29. History of Federalism Marshall Court—Dual Federalism (Layer Cake)
Taney Court—Dual Federalism
Civil War and its aftermath—more dual federalism
Setting the Stage for Change in Federalism (16th and 17th amendments) Increasing power of federal government

30. AMENDMENTS ADD TO FEDERAL GOVERNMENTS POWERS
14TH Amendment. (Due Process)
16th Amendment …….(Tax)
17th Amendment …….(Senators)
24th Amendment…….(No Poll Tax)

31. FDR EXPANDS POWER OF FEDERAL GOVERNMENT (Cooperative Federalism)
1. New Deal
2. Cooperative Federalism ($ changes everything…layer cake to marble cake)

33. https://youtu.be/Deue0fLd1V4

34. FDR
Roosevelt’s New Deal Program increased federal $ to states through public works programs

37. LBJ AND THE GREAT SOCIETY (Creative Federalism)
War on Poverty
Federal aid to local government
Grants on what states wanted began to decline, while grants based on what national gov’t wanted increased
States losing power to the Federal Government

39. Categorical Grants—ones for which Congress appropriates funds for specific purposes
Allocate federal dollars by a precise formula and are subject to detailed conditions
States must contribute money to match federal funds

40. Examples of Categorical Grants
Head Start
Food stamps
Medicaid
Title I
Perkins Loans
Highways
States often give up what they want so they can have access to the $$$

41. Ronald Reagan
New Federalism: Reduce Federal Government by increasing power of state governments.
Block grants give money to states with few strings attached in hopes of decreasing federal bureaucracy

42. New Federalism was popular with governors…Why?

43. Block grants were consolidated to form more programs
(Welfare system was revamped)
TANF (Temporary Assistance to Needy Families): returned power to states; became halmark of devolution revolution

44. New Federalism: Returning Power to the States
The Devolution Revolution (Ronald Reagan)
Contract with America (Newt Gingrich)—scale back size of Federal Govt
Unfunded Mandates
National laws that require state compliance but contain no federal funding to help pay the cost
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform)

45. In 1996, TANF replaced the existing federal _________ program.
gender equality
labor
education
environmental
welfare

46. In 1996, TANF replaced the existing federal _________ program.
gender equality
labor
education
environmental
welfare 46

47. Programmatic Requests/earmarks
“Pork” problems
The No Child Left
Behind Act of 2001
Patient Protection and
Affordable Care Act
of 2010
(“Obama care”)
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.

48. KEY TERMS TO KNOW
Categorical Grants: $ from congress for a specific purpose
Block Grants: $ from congress and states have wide discretion as to how to spend it
Unfunded Mandate: national law passed and enforced but no money comes with it (think NCLB or Disability Laws)
Preemption: federal government overrides state interest or action
Sovereign Immunity: state cannot be sued unless it gives its permission

50. Rehnquist Court 1980s Chief Justice William Rehnquist
Court agreed with Republican states’ rights views
US v Lopez (1995) ruled that the federal government could not create gun free zones at schools (state it was a state matter)

51. Roberts Court Appointed by George W. Bush
Appears to side with the Federal Government, but more specifically individual liberties