1. Outline: Federalism Examples Federalism and the Constitution The Powers of the Nation and the States Three Eras and Theories of Federalism Ideology and Federalism Pre-emption

2. Federalism: Examples Drinking age Speed limits

3. Federalism and the Constitution Types of systems Unitary Confederacy Federal Combines ideals of unity and diversity

4. The Powers of the Nation and the States Enumerated Powers Article I, Section 8 Article I, Section 10 Article VI “This Constitution, and the Laws of the United States…shall be the supreme Law of the Land”

5. The Powers of the Nation and the States Implied powers Article I, Section 8 Elastic Clause (i.e., “necessary and proper” clause)

6. The Powers of the Nation and the States Reserved Powers Tenth amendment “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States….”

7. The Powers of the Nation and the States Views on federalism Anti-Federalists Federalists

8. Three Eras and Theories States v. national rights (1789-1865) McCulloch v. Maryland Dred Scott

9. Three Eras and Theories Dual Federalism 1865-1937 Layer Cake analogy Cooperative (Shared) Federalism 1937-current (?) Marble Cake analogy

10. Ideology and Federalism Liberals Conservatives

11. Pre-emption The invalidation of state laws by national laws

12. Pre-emption