1. Chapter 3: Federalism

2. Federalism What is it? 10th Amendment Supremacy Clause
Decentralization
Of politics
Of policies

3. Different Types of Government
Unitary v Federal v Confederate

4. Powers of the National Government
Enumerated Powers:
Implied Powers:
Necessary and Proper Clause/Elastic Clause
McCulloch v Maryland
Maryland claimed that Congress did not have the power to create a national bank and therefore could not tax Baltimore’s branch
Ruling:
Two Constitutional Principles:

5. 11th Amendment Chisholm v Georgia State sovereign immunity
Congress can repeal the immunity of the states…
Americans with Disabilities Act (1990)

6. Commerce Power
Congress has the power to regulate interstate and international commerce
Gibbons v Ogden (1819)
Commerce:
Implied powers + Broad definition of interstate =
United States v Lopez
Limited the commerce power of Congress
Related to the Gun-free School Zones Act (1990)
Seminole Tribe of Florida v Florida

7. Racial Equality Brown v Board of Education Effects of Brown
Shows superiority of national government over states
Incidents

8. Article IV of the Constitution
Section. 1.
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section. 2.
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
Section. 3.
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Section. 4.
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.

9. From Dual Federalism to Cooperative Federalism

10. Cooperative Federalism 1930s - Today
1930s: FDR’s New Deal
Programs typically were funded by
but administered by
Created a
Grant monies flooded states for public works projects, work programs, relief agencies
Federalism and Education
National Defense Education Act
Elementary and Secondary Education Act
No Child Left Behind Act

11. The Devolution Revolution 1980s – 1990s
Federal power had increased in 20th century
Ronald Reagan
Congressional Republicans
Devolution