1. Federal Power
Federal Power

2. Federalism Unitary system Confederation Federalism
Policy making is SHARED between levels (states as innovators)
Policy making can be made separately (social issues)
Policies discussed at both (environment & equality)
Debates often arises over which level has authority on issue

3. Original Intent--Constitution
Dual Federalism
Balanced branches leaning toward Legislative power.

4. Specifically….

5. Elastic Clause (A1, S 8)/Necessary & Proper Clause
Supremacy Clause (A6)
The Constitution, national laws and treaties made by the national government should be held as the supreme law of the United States
Tenth Amendment (BoR)
All powers not specifically reserved for the national government granted to states
Elastic Clause (A1, S 8)/Necessary & Proper Clause
Congress has authority to pass any laws necessary to carry out its duties as enumerated in the Constitution
Full Faith and Credit Clause (A 4 S1)
Each state must formally recognize documents and judgements handed down by courts in other states
Extradition (A4 S 2)
Privileges and Immunities Clause (A 4 S 2)
All citizens treated equally when travel from state to state
McCulloch v Maryland
Established judicial review and Marshall Court precedent of supremacy of fed

6. Today…. Dual Federalism Cooperative Federalism Fiscal Federalism
Each level of government has distinct responsibilities that do not overlap
Cooperative Federalism
Shared costs: To receive federal aid, states must pay part of a program
Federal guidelines: To receive funding, state programs must follow federal rules and regulations
Shared Administration: Though programs must adhere to basic federal guidelines, they are administered according to state’s directives
Fiscal Federalism
About ¼ states fiscal spending comes from federal aid
Money is distributed through categorical grants and block grants

10. Growth of Federal Power--Justification
Commerce Clause
Necessary and Proper Clause
Supremacy Clause (importance of Marshall Court)
General Welfare Clause/s? (Taxation Clause, )—Madison V Hamilton on interpretation
US v Lopez…. (changing view of courts?)

11. Growth of Executive Power—
Executive Orders
Preemptions
Nixon Presidency often seen as peak of presidential power?
Growth of Executive Power—

12. Why? Strong personalities can have a great impact
Growing complexity of society: With highly industrial and technological society, people have demanded federal government play larger role in areas of public concern.
Congressional delegation of authority to executive branch—letting executive agencies “fill in the holes”
Since WWII, IS in virtual non-stop crisis situation
Cold War and then 9-11 as source of Pres power and crisis

13. Justification
Preemptions—Congress Delegating to agencies to “fill in” blanks on policy…
Does Title IX cover gender?
What powers does the EPA to set fuel efficiency standards?
National Emergencies
Wilson 1917
FDR 1933—no limit on time or power
Act of 1976—set procedures for potential Congressional oversight
Patriot Act post 9/11

15. 2019 Border Security Emergency
Trump’s statement
Pelosi’s statement
House proceedings and vote