1. FEDERALISM

2. Federalism What is it? Confederacy v. Unitary v. Federal

4. Why Federalism? Protecting Liberty Moderate Power of Government Strengthen the Union

5. Different Powers Enumerated – 17 powers in I, 8 – Art. VI—Supremacy Clause Implied – I, 8 – “Make all laws which shall be necessary and proper for carrying into execution the foregoing powers” Reserved – 10 th Amendment

6. Era 1: National Rules (1789-1865) McCulloch v. Maryland (1819) – Jefferson v. Hamilton – 1791, 1811, 1816 Gibbons v. Ogden (1824) Calhoun and Nullification Dred Scott (1857) – Missouri Compromise

7. Era 2: Dual Federalism (1865-1937) Industrial Revolution  Business State supremacy with race Business supremacy with commerce Plessy v. Ferguson (1896) Commerce clause problems – Transportation v. manufacture FDR and the New Deal – 1937 Supreme Court proposal – Owen Roberts: Switch in time that saved nine

8. Today: Let’s Eat Cake!

9. Today Trends – Expansion of national authority – Devolution Cooperative federalism Funding, administration, determination

10. Show Me the Money! Grants-in-aid – Categorical v. block

11. So How Have We Devolved? Republican Revolution – Reduce unfunded mandates – Welfare Reform Act (1996) United States v. Lopez (1995) Printz v. United States (1997)

12. Questions for Thursday How should federal, state, local interact? Which level of government do you trust the most? What was Jefferson Davis trying to say? What about The Federal Farmer?