1. A couple who got married in Virginia moves to Florida
A couple who got married in Virginia moves to Florida. Does Florida have to accept the couple’s marriage as valid? Explain.
Because of the full faith and credit clause, states have to respect the "public acts, records, and judicial proceedings of every other state."

2. How the circle and the squares get along
Federalism
How the circle and the squares get along

3. What is Federalism?
Federalism – Two or more governments exercise power and authority over the same people in the same territory
OR… the relationship between the federal government (circle) and the state governments (squares)
How do we as individuals fit into this idea?

4. Federalist #51 Defends the Constitution
Explains why a strong gov’t is necessary
“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.”
Defends separation of powers between state and national gov’t

5. Authority Relations in Three Systems of Government
Unitary
Confederate
Federal
Central government
Holds primary authority Regulates activities of states
Limited powers to coordinate state activities
Shares power with states
State government
Few or no powers
Duties regulated by central government
Sovereign
Allocates some duties to central government
Shares power with central government
Citizens
Vote for central government officials
Vote for state government officials
Vote for both state and central government officials
As we see in this table, the power relationship between the central government and subunits is different in unitary, confederate, and federal systems.

6. Powers
Delegated Powers (enumerated powers) – powers given to Fed gov’t by Constitution
Reserved Powers – state power alone
Concurrent Powers – shared
Prohibited Powers – denied from both
Ex. Neither gov’t can tax exports

7. Defining Federalism Why is Federalism So Important?
Decentralizes our politics
More opportunities to participate
Decentralizes our policies
Which government should take care of which problem?
States can solve the same problem in different ways.

8. Federalism is good Living under 2 governments is great…
Built on compromise, promotes unity
Gov’t duties can be split up
Brings gov’t closer to people
Allows for state gov’t to address issues in unique regions of the country
Allows states to experiment with policy before enacting it at the federal level – Ex. Vermont’s free health care for children

9. Federalism is bad Living under 2 governments is bad…
States can impede progress of Nation
States are unequal
States have different policy
Easier for states to be dominated by interest groups

10. 2 Federalisms? OLD SCHOOL – Dual Federalism
Federal and state governments remain dominant in their separate spheres of influence
Gibbons v. Ogden proved life is not that simple
NEW SCHOOL – Cooperative Federalism
State and Federal governments work together to solve complex problems

11. Why Federalism? Very few countries use federalism
Large in size and/or population
Diversity
All federal systems are democracies
Not all democracies are federal systems
There is considerable diversity among the countries that have federal systems. Large states both in terms of population and geography seem to favor the decentralized administration of governmental services provided by federalism. Ethnic diversity seems to play a role in the choice of federalism as well although many incredibly diverse states use unitary systems. All federal systems are democracies (with the qualification of Russia which is more authoritarian than democratic in recent years) but federalism is not a prerequisite for democratic government.

12. Countries with Federal Systems (1 of 2)
Nation
Population
Area (in Thousands of square miles)
Diversity (Ethnic, Linguistic, and Religious)
Democracy
Argentina
43,431,886
1, 068
Low
Yes
Australia
22,751,014
2968
Austria
8,665,550 32
Brazil
204, 259, 812
3,286
Medium
Canada
35, 099,836
3,852
High
Germany
80,854,408
138
India
1,251,695,584
1,269
Malaysia
30,513,848
127
Mexico
121,736,809
762
Why might a federal system be useful for a country with a large area or population or for a country with large ethnic minority groups? How might the United States be different if it had a unitary system rather than a federal system?

13. Countries with Federal Systems (2 of 2)
Nation
Population
Area (in Thousands of square miles)
Diversity (Ethnic, Linguistic, and Religious)
Democracy
Switzerland
8,121,830 16
Medium
Yes
United States
321, 368,864
3,718
Source: Central Intelligence Agency, The World Factbook, 2016
Why might a federal system be useful for a country with a large area or population or for a country with large ethnic minority groups? How might the United States be different if it had a unitary system rather than a federal system??

14. 2 Federalisms TWO METAPHORS… Dual Federalism – Layer Cake
State
Cooperative Federalism – Marble Cake

15. Intergovernmental Relations Today
Dual Federalism
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
Ended in the 1930’s

16. Intergovernmental Relations Today
Cooperative Federalism
Definition: A system of government in which powers and policy assignments are shared between states and the national government.
Shared costs
Shared administration
States follow federal guidelines

17. Intergovernmental Relations Today
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.
Figure 3.2

18. Intergovernmental Relations Today
Fiscal Federalism continued
The Grant System: Distributing the Federal Pie
Categorical Grants: Federal grants that can be used for specific purposes. They have strings attached.
Project Grants: based on merit
Formula Grants: amount varies based on formulas
Block Grants: Federal grants given more or less automatically to support broad programs.
Grants are given to states & local governments

19. Grants-in-Aid
Money paid from one level of government to another to be spent for a specific purpose
Categorical Grants - target specific purposes and “strings attached.” (States receive funds if state raised age to 21 and lowered BAC to .08)
Block Grants – given for broad, general purposes and allow more discretion on how the money is spent (ex. Welfare reform)

20. Intergovernmental Relations Today
Fiscal Federalism continued
The Scramble for Federal Dollars
$400 billion in grants every year
Universalism - a little something for everybody
The Mandate Blues
Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.
Unfunded mandates are requirements on state & local governments - but no money

21. Mandates
A requirement that a state undertake an activity or provide a service
Most apply to Civil Rights and the Environment
Often times the states or local gov’ts have to pay the bill of the mandate set by Congress

22. Mandates
1986 – Asbestos Emergency Response Act, Handicapped Children’s Protection Act
1988 – Drug-free Workplace Acts, Ocean Dumping Ban Act
1990 – Clean Air Act
EX – Columbus, OH spends 23% of the city budget trying to meet environmental mandates (including testing for pesticides used on rice and pineapple)
EX – Public schools have to use Internet filtering or schools lose e-rate subsidies

23. Change in Spending 17% 23% 60% 47% 30% 64% 19% 66% 15% 1929 1939 1960
Shift towards Federal Gov’t Spending
Federal
State
Local (City)
1929
17%
23%
60%
1939
47%
30%
1960
64%
19%
1997
66%
15%

24. Some Powers Denied to States by the Constitution
Economic
Individual Rights
Foreign Affairs
Tax imports or exports
Grant titles of nobility
Enter into treaties
Coin money or issue paper money
Pass bills of attainder
Declare war
Impair the obligations of contracts
Pass ex post facto laws
Raise or maintain military forces
Abridge citizens’ privileges and immunities
Deny due process of law
Deny equal protection of law
Impose poll taxes
Deny right to vote because of race, gender, or age
State constitutions guarantee many basic rights. However, few Americans would feel comfortable with only state protections for their liberties. The Bill of Rights in the U.S. Constitution is the ultimate legal defense of freedom.

25. What did the Supreme Court determine in McCulloch v. Maryland?
To carry out its economic power, Congress may reasonably decide to create a national bank
The necessary and proper clause enables Congress to take actions not specifically listed in the Constitution
States have the right to tax all economic activity within their borders

26. Elastic Clause Aka – “Necessary and Proper Clause”
Art. I, Sec. 8, Cl "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
Impossible to predict all powers Congress will need to function, sometimes we might have to allow Congress extra powers to fulfill their delegated powers

27. McCulloch v. Maryland (1819)
Background
Bank of the US operated in Maryland
Maryland did not want BoUS to operate in state, competition unwanted, unfair
Maryland taxed the bank to put it out of business
McCulloch, BoUS employee, refused to pay the state tax

28. McCulloch v. Maryland (1819)
Is a Bank of the US Constitutional?
YES. The national gov’t has certain implied powers that go beyond delegated powers. US needs a national bank for borrowing, lending, holding minted money, etc. All of which are delegated powers.

29. McCulloch v. Maryland (1819)
Can a state tax the federal gov’t?
-NO. The federal gov’t is supreme. Since the BoUS is constitutional, only the feds may tax it.
-John Marshall reaffirmed Supremacy Clause and Elastic Clause
-National (Federal) Gov gets STRONGER

30. In your own words explain what the commerce clause is about.

31. Commerce clause
Art. I, Sec. 8, Cl. 3 – ‘The Congress shall have power - To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”
Congress has used the elastic clause to stretch this power
What is commerce? “Buying and selling of goods and services.”
Congress given the power to regulate commerce between foreign countries and US as well as state to state… they control business law.

32. Find 3 different court cases that deal with the Commerce Clause
Find 2 other people to talk to. Compare the similarities and differences of the cases you found.

33. Gibbons v. Ogden (1824) 1824 – aka “The Steamboat Case”
Ogden received a state licensed monopoly to run a ferry across the Hudson River
Gibbons also saw the potential of the traffic between NJ and NY and obtained a federal license.
Ogden sued saying he had the valid state license, even though Gibbons had US license

34. Gibbons v. Ogden (1824) Result – Gibbons wins
Expanded national power in all areas of commerce law because nation overruled state in interstate trade issues
Fed Gov’t gets STRONGER
All trade today is primarily controlled by national law

35. Commerce Clause Who cares? Why is it important?
Gibbons v. Ogden ruling makes a loop hole giving Congress power to take control over any issue involving the movement of people or things
Fed gov’t power increased

36. United States v. Lopez (1995)
Research U.S. v. Lopez
After reading background history, what is your answer to the question, “Is the 1990 Gun-Free School Zones Act, forbidding individuals from knowingly carrying a gun in a school zone, unconstitutional because it exceeds the power of Congress to legislate under the Commerce Clause?”
Read the case & the opinion of U.S. v. Lopez.
After reading the case, did your position change? Why or Why not?

37. United States v. Lopez (1995)
Commerce clause quiz!!!
1995 – “Gun Free School Zone” law banned possession of a firearm within 1000 feet of a school, 12th grader Lopez carried a gun on to the property
Declared law unconstitutional – “nothing to do with commerce” – carrying a weapon through a school zone is too much of a stretch for “commerce”
LIMITED National government power

38. Devolution Devolution is the return of power to the state gov
Idea is fueled by distrust of the federal gov and the desire to save money by reducing the size of the “bloated federal government”

39. Devolution Example
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
Eliminated welfare and transferred the money to states as block grants
States received wide latitude on how to administer “workfare” but with the knowledge that Congress was counting on anti-poverty spending”
Strings attached: head of family must work or lose benefit; lifetime benefits limited to 5 years; unmarried mother < 18 only receive $ if stay in school and live with adult; immigrants ineligible for 5 years

40. State and Local Spending on Public Education
A downside of the public policy diversity fostered by federalism is that the resources for public services vary widely from state to state. This map shows the great variation among the states in the money spent on children in the public schools. Can we say there is equal opportunity in the United States when the quality of education varies so much between states?
Source: U.S. Department of Commerce, United States Census Bureau, Public Education Finances: The data are for 2013.

41. The Number of Governments in America
Government Levels
Number of Governments
U.S. Government 1
States 50
Counties
3,031
Municipalities
19,519
Townships or towns
16,360
School districts
12,880
Special districts
38,266
Total
89,055
The sheer number of separate governments in America is staggering.
Source: U.S. Department of Commerce, U.S. Census Bureau, Census of Governments, 2014.