1. Federalism

2. Objectives
Define and describe the positives and negatives of federalism
Identify the roots of federalism
Analyze whether the United States really does have a federalist system and whether or not it was intended
Compare and contrast the powers of the central and individual state governments according to the Constitution
Describe the evolution of federalism to today

3. Definition
A political system in which power is divided and shared between the national/central government and the states (subnational units) in order to limit the power of government
Under this system national policy is the same but state policy can differ
Examples?

4. Death Penalty

5. Window Tinting

6. Speed Limit

7. Fireworks

8. Specific Examples MA refused to send National Guard troops to Honduras
U.S. was at conflict with forces in Nicaragua
How did the Supreme Court rule?
Is the Nat’l Guard a state or national concern?
Under what circumstances?

9. MA-Ruling
Article I, section 8 allows Congress to ‘call forth the Militia to execute the laws of the union” to suppress rebellion and “provides the organization, arming and discipline of the militia.”
Article II, section 2 allows the president to ‘call up the militia of several states.’
Court ruling?

10. General Thoughts-Positives
Federalism an attempt by the Framers to:
Keep government closer to the people and under control
Limiting government
Citizens have multiple ways to participate and influence (democracy)
Allows states to act as laboratories
Wisconsin
Welfare reform

11. General thoughts-negatives
Expensive
Inefficient
This may also be a benefit
Cannot burden people with laws
Possible intent of the framers
Allows lobbyists and citizens multiple access points and influence

12. Setbacks continued Unfair Theoretical
School systems
MS, AL, MN
Theoretical
In practice all power goes toward central government
Possibly a decentralized Unitary system p. 72
Grants and federal requests

13. Other examples of pros and cons of federalism?
What are the merits of federalism?
Do we actually have federalism?
Does this system work as the framers intended?
What is the current view of federalism by many people/politicians?
Video

14. Roots of federalism p. 72 Why did the framers create this system?
Confederation
Federalism
Unitary
Why did the framers create this system?
Prevention of Tyranny
Increased participation
Testing ground for new policy
Article VI-Supremacy Clause
Improve state relations “Full Faith…

15. Roots Continued State and national government Unique officials
Each has supreme power in certain areas

16. I. Powers of National Government
A. Enumerated powers
Article I, section 8
Specific powers

17. B. Implied powers Define Necessary and proper clause
“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 any Department or Officer thereof".

18. II. Powers of State Government
A. States not given much enumeration
Why?
Article I, section 4: elections for senators and reps.
Article II: electors for president
B. Implied Powers
10th Amendment: Reserve Powers
“powers not delegated to U.S. by the constitution nor prohibited by it are reserved to the states respectively or to the people.”

19. III. Concurrent Powers
Tax
Borrow Money
Courts
Enforce and make laws

20. IV. Denied Powers States Central Enter into treaties Coin money
Article I
Section Section 10
Central
Suspend Habeas Corpus
Tax state exports
Grant titles of nobility
Pass bills of attainder or ex post facto laws
Taxes in proportion to population
States
Enter into treaties
Coin money
Impair contracts
Keep troops or ships of war
Engage in war

21. V. Guarantees to the States
2 members of Senate and at least 1 representative
Protection from foreign attacks and domestic rebellions

22. Evolution of Federalism
Dual Federalism
16th and 17th amendment
Cooperative Federalism
FDR
Commerce Clause

23. 1. Explain the commerce clause in your own words.
2. How does the commerce clause relate to federalism?

24. Commerce Clause Definition-1st paragraph
States cannot burden interstate commerce
How is commerce defined in the constitution?
Supreme Court rulings
Commerce Clause

25. Gibbons v. Ogden Hudson River monopoly by New York New York/New Jersey
Result: Central government could regulate transportation
Gibbons v. Ogden

26. National Industrial Recovery Act
Involved regulations
Wages
Prices
Hours worked
Quality of product
Unconstitutional
Schechter
Carter
National Industrial Recovery Act

27. Civil Rights Act Heart of Atlanta Motel v. U.S. Katzenbach v. McClung
Interfered with travel
Ruling upheld
Katzenbach v. McClung
Ollie’s Restaurant
Local Customers
Food between states
Civil Rights Act

28. Violence Against Women Act
Morrison v. United States
p. 98
Violence Against Women Act

29. Evolution Continued Grants--discrimination Block Grants—broad
Preemption—p88-89
Unfunded mandate
LBJ
Special Education

30. Individual Mandate Article
What is an individual mandate?
How is this issue related to federalism?
What are your thoughts on individual mandates?

31. Objectives
Define and describe the positives and negatives of federalism
Identify the roots of federalism
Analyze whether the United States really does have a federalist system and whether or not it was intended
Compare and contrast the powers of the central and individual state governments according to the Constitution
Describe the evolution of federalism to today