1. National and State Sovereignty FEDERALISM

2.  National legislation enacted in 2003; requires states to test their students as a condition of federal aid  Supporters argue NCLB helps improve schools and hold them accountable for student performance  Opponents claim it undermines the mission of schools by forcing teachers to teach to the test  As some parts of NCLB are thinly funded, states like Utah have refused to carry out parts of the law that increase the financial burden on the states  Do you believe NCLB creates too much intrusion in the field of public education, which has traditionally been overseen by the state and local governments? CASE STUDY: NO CHILD LEFT BEHIND

3.  Some delegates to the Constitutional Convention were vehemently opposed to creating a stronger national government  Patrick Henry “smelled a rat” and wondered “Who authorized them to speak the language of We, the People, instead of We, the States?”  Under the Articles of Confederation –  There was a weak national government with no power to force the states to comply with national laws  A government of the people would compel them to obey national laws for fear of consequences.  The Framers wanted to strengthen the national government but still preserve the states BACK TO PHILADELPHIA...

4.  Contemporary governments has been unitary systems  National government holds all the power (sovereignty)  The Articles of Confederation had created a confederacy  State governments are sovereign and grants authority to the national government.  LET’S TRY SOMETHING COMPLETELY NEW... FEDERALISM  Division of power between the national and state government  Each level of government has sovereign power  Allows the states to have the power to address local issues (i.e. public education)  Allows the national government the power to decide matters of a national scope (i.e. national defense) NEED FOR CHANGE

5. ARGUMENT FOR FEDERALISM: PROTECTING LIBERTY  People could shift their loyalties back and forth between the national and state governments in order to keep each under control  “If the people’s rights are invaded by either they can make use of the other as the instrument of redress.”  Alexander Hamilton; Federalist #28

6. ARGUMENT FOR FEDERALISM: MODERATING THE POWER OF GOVERNMENT  Anti-Federalists argued a national government could not protect the interests of the people as well as the states.  Cited Montesquieu’s support of small republics over large ones.  Madison contended in Federalist #10 that a government with dominant states would give rise to factions that would use their strength to advance its interests.  “Extend the sphere and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens.” James Madison

7. ARGUMENT FOR FEDERALISM: STRENGTHENING THE UNION  Under the Articles of Confederation the national government had neither the power to tax nor the power to regulate commerce  FATAL FLAWS  Congress was expected to maintain national defense but could not compel the states to pay taxes.  Congress also could not interfere with the states’ commerce policies.

8. FEDERALISM & THE FOUNDING  Federalism and separation of powers would allow for the greatest protection of personal liberty  Too much power concentrated in one set of hands could lead to tyranny  Too many hands with too much power could lead to chaos  In the “federal republic” the national and state governments would have certain powers, but neither would have supreme authority over the other

9. HAMILTONIAN VIEW OF FEDERALISM  Alexander Hamilton believed that the national government should be superior to the states  Hamilton believed that developing a national economy and conducting foreign policy were paramount issues at the time

10. JEFFERSONIAN VIEW OF FEDERALISM  Thomas Jefferson believed the national government was a product of an agreement among the states and therefore the states should be supreme  Greatest threat to personal freedom would come from the national government

11. POWERS OF THE NATION  Enumerated powers – seventeen powers granted to the national government under Article I, Section 8  Includes power to create a national currency, regulate interstate commerce  Implied powers – constitutional authority to take action that is not expressly authorized by the Constitution  Necessary & proper (or elastic) clause (Article 1, Section 8; clause 18)  Allows Congress to expand its powers to meet the needs of the nation

12. THE STATES & THE CONSTITUTION  Restrictions on States’ Powers (Article 1, Section 10)  States cannot wage war, print money, enter into treaties with other nations, etc.  Supremacy Clause – national law is supreme over state law when the national government is acting within its limits (Article 6)  Tenth Amendment  Powers not delegated to the national government nor prohibited by it to the States, are reserved to the States.  Established reserved powers as state powers