1. Ch. 3: Federalism 87,576 Governments Alternatives to Federalism:
Unitary government
Confederal government (confederation)

2. Why Federalism? Check on tyranny Unity without uniformity
Encourages experimentation – “laboratories of democracy”
Government closer to the people

3. Phases of Federalism Dual Federalism – “layer cake” federalism
Cooperative Federalism – “marble cake”
1930s-1960s
Creative Federalism
1960s
Regulatory Federalism
(unfunded) Mandates

4. Dividing Powers under Federalism
Powers of the National Government:
EXPRESS (ENUMERATED) POWERS (Art. 1, Sec. 8)
IMPLIED POWERS from the Necessary & Proper Clause
INHERENT POWERS

5. Dividing Powers under Federalism
Powers of the States:
The 10th Amendment (reserved powers)
Powers of both Nation and States:
“Concurrent” Powers (e.g., taxation)
The Supremacy Clause

6. Interstate Relations in the Constitution
Full Faith & Credit Clause
Privileges & Immunities Clause
Extradition
Interstate Compacts

7. Why the power shift? Stretching the Necessary & Proper Clause
McCulloch v. Maryland
The Interstate Commerce Clause
Commercial purposes & otherwise
The Income Tax
The 16th Amendment

8. Fiscal Federalism: The Grants System
Why grants?
Give resources to states and locals
Establish minimum national standards
Equalize resources through redistribution
Attack national problems without increasing federal agencies

9. Fiscal Federalism: The Grants System
3 Types of Grants-in-aid
General Revenue Sharing, or GRS ( )
Categorical Grants
Block Grants
2 Methods of Allocating Grants
Formula
Project

10. Fiscal Federalism: Money as Means of Control
Cross-cutting requirements
Crossover sanctions

11. The Supreme Court & Federalism
U.S. v. Lopez: The Gun-Free School Zones Act of 1990
U.S. v. Morrison: The Violence Against Women Act of 1994
Feds win again: Gonzales v. Raich
Medical Marijuana