1. Chapter 4: Federalism
From the Many ONE

2. Powers in the Constitution
Inherent – powers that all governments have
Conduct foreign relations
Regulate immigration

3. Powers in the Constitution
Delegated/Expressed
Article I Section 8
Tax
Borrow Money

4. Powers in the Constitution
Delegated/Expressed
Article I Section 8
Interstate commerce

5. Powers in the Constitution
Delegated/Expressed
Article I Section 8
Naturalization
Bankruptcy

6. Powers in the Constitution
Delegated/Expressed
Article I Section 8

7. Powers in the Constitution
Delegated/Expressed
Article I Section 8
Counterfeiting

8. Powers in the Constitution
Delegated/Expressed
Article I Section 8
Post Office
Post Roads

9. Powers in the Constitution
Delegated/Expressed
Article I Section 8
Patents & copyrights

10. Powers in the Constitution
Delegated/Expressed
Article I Section 8
Piracy

11. Powers in the Constitution
Delegated/Expressed
Article I Section 8
Declare War
Maintain Army, Navy
Draft

12. Powers in the Constitution
Implied Powers
Article I, Section 8, Clause 18
Necessary and Proper Clause
Elastic Clause
Why so important to concept of federalism?
Gave the federal government the ability to expand their power – see next slide

13. Powers in the Constitution
Implied
McCulloch case
interstate commerce clause
First National Bank

14. Powers in the Constitution
Reserved –10th Amendment
Drivers license qualifications
Student drop-out age
Drinking age
Speed limit on state highways
Type and form of local governments including schools
Gambling…

15. Powers in the Constitution
Every state must have a
republican form
of government

16. Powers in the Constitution
Powers Denied to the states
Title of nobility
ex post facto laws
Impose tariffs
Coin money
Treaties
Bill of attainder

17. Powers in the Constitution
Concurrent – powers shared by both the states and the federal government
Eminent Domain
Punish criminals

18. Government Powers Review
Taxes
Borrow money
Interstate commerce
Coin money
Standards & weights
Counterfeiting
Post offices and roads
Science and arts
Patents and copyrights
Create courts
Piracy
Declare war
Military
Necessary & proper
Federal
Delegated/
Expressed
Powers

19. Government Powers Review
Local government
Schools
Marriage
Drivers’ license
Gambling
Alcohol
Speed limits
Drop out of school …
State
Reserved
Powers

20. Government Powers Review
Federal
State
Delegated/
Expressed
Powers
Reserved
Powers
Concurrent
Powers
Tax
Borrow money
Punish crimes
Eminent domain

21. Government Powers Review
Federal
State
Delegated/
Expressed
Powers
Reserved
Powers
Concurrent
Powers
Powers
Denied to
Federal
Title of nobility
ex post facto
writ of habeas corpus
Bill of attainder
Export taxes
Bill of Rights

22. Government Powers Review
Federal
State
Delegated/
Expressed
Powers
Reserved
Powers
Concurrent
Powers
Powers
Denied to
States
Powers
Denied to
Federal
Title of nobility
ex post facto
Bill of attainder
Treaties
Coin money
Tax imports
Engage in war

23. Government Powers Review
Federal
State
Delegated/
Expressed
Powers
Reserved
Powers
Concurrent
Powers
Powers
Denied to
Both
Powers
Denied to
States
Powers
Denied to
Federal
Title of nobility
ex post facto
Bill of attainder
Tax exports

24. Interstate Cooperation
Interstate Compact – New York Port Authority
Extradition – Governor
Privileges and immunities – can have a vastly different set of rules of non-citizens
Full Faith and Credit – respect each other’s laws

25. Admitting New States
Only Congress has the power to admit new states to the Union.
Congress first passes an enabling act, an act directing the people of the territory to frame a proposed state constitution.
If Congress agrees to statehood after reviewing the submitted state constitution, it passes an act of admission, an act creating the new state. President sign/veto

26. Americans or
Michiganians?

27. Federalism & the “New Federalism”
McCulloch v. Maryland
Implied Powers

28. Federalism & the “New Federalism”
Nullification Doctrine
Protective Tariff

29. Federalism & the “New Federalism”
Civil War – GREATEST Struggle for states rights over federal government

30. Federalism & the “New Federalism”
Progressives – child labor laws and regulation of business – income tax

31. Federalism & the “New Federalism”
Depression, New Deal and FDR

32. Federalism & the “New Federalism”
Civil Rights Movement
Brown v. Board of Education
“Little Rock Nine”
                                     

33. Federalism & the “New Federalism”
“The Great Society” & Johnson
                                     

34. Federalism & the “New Federalism”
Grant-in-Aid - state controlled by $$$

35. Federalism & the “New Federalism”
Grant-in-Aid - three types
Categorical grant – very specific – many strings attached (subsidies)
Block Grant – broad area non-specific – few strings
Revenue Sharing – very general - no strings at all

36. Liberal v. Conservatives - Federalism
Liberals want more federal government intervention
Civil Rights
Poverty, Unemployment, Education
“Level the playing field”
Conservatives are opposed to federal government intervention
Local autonomy
National defense & few others

37. Federalism & the “New Federalism”
“New Federalism” – Reagan
Returning the power to the states

38. The End