1. Principles in The Constitution

2. Big Ideas Behind US CONSTITUTION 1. Popular Sovereignty:
Gov’t governs w/ consent of people, majority rules
2. Limited Government:
Gov’t is not all powerful, must act within law
3. Separation of Powers:
Power is divided among gov’t branches
4. Checks and Balances:
Each branch of gov. checks the power of another
5. Rule of Law
No one is above the law…no even the President!
6. Federalism:
Division of power between national (federal), state and local governments

4. 6. Federalism
State National City

5. Federalism What is Federalism? Ex. State: highways, welfare, schools
Local & national gov’ts function separate from each other
  Ex. State: highways, welfare, schools
Federal: military, airline safety
Good or Bad?
Depends who you ask:
Riker says “F’ism perpetuated racism”
Elazar says “F’ism perpetuates individual liberty”
National
State

6. Federalism Why Framers liked it?
Once again, another way to check the power of gov’t
“State and Federal are in fact but different agents and trustees of the people” -J.Mad Federalist 46
“If their rights are invaded by either, they can make use of the other as instrument of redress” A.Ham Federalist 28
Say my Name!

7. The Challenge of Federalism: Medical Marijuana

8. Federalism “Elastic Clause” or “Necessary & Proper Clause”
Framers knew a complete list of gov’t powers was
impossible so…
Elastic language was used (Art. 1, Section 8)
Hamilton's view: nat’l supreme since
Const. Is supreme law
Jefferson's view: states' rights w/ the
people as ultimate sovereign
Supreme Court’s Role
Over past 224 years SC has been drawing the line between state and fed’l power

9. Federalism and the Courts
Supreme Court’s Role
Over past 224 years SC has been drawing the line between state and fed’l power

10. Federalism Supreme Court becomes focal point of interpreting
Const. & deciding who has the power (see M&Ms)
Nullification: idea that states can declare fed. laws “null and void”. Civil War based (wrongly) on this idea.
Dual Federalism: both states and nat’l gov. supreme in their “spheres”
Interstate commerce: Federal
Intrastate commerce: State

11. Federalism and Cake? Layer Cake Federalism
relationship between state and local gov’t are clearly spelled out and distinct. Also know as Dual Federalism.
Marble Cake Federalism
a mixing of authority and programs among the national, state, and local governments. Also know as Cooperative Federalism.

12. Federalism: Spheres of Power
National Government State Government

13. Federalism: The Power Pull
Washington DC
Federalism: The Power Pull
Baton Rouge
-Tenth Amendment
-“Devolution” (ex. Welfare Reform Act of 1996)
-Block Grants (money to states for general purposes)
national
-Categorical Grants: $ for specific purpose (ex. voting registration)
-Federal Mandates (ex. drinking age is 21)
-Incorporation
state

14. Federalism and Money
Grants-in-aid: Federal money given to states for projects
Types of Federal Funding:
Categorical Grants
$ for specific purpose
Hiring city teachers
Block Grants
$ for general purpose
Education
Revenue Sharing
$ to spend as states wish
5 billion for Iowa