1. Federalism --What is federalism?
--Constitutional origins of federalism
--Evolution of federalism in American history

2. Federalism Defined 1. Definition of Federalism
Same people and territory are included in both levels of government (think citizenship)
The nation’s constitution protects units at each level of government from encroachment by the other unit
Each unit is in a position to exert some leverage over the other
ALTERNATIVES: unitary and confederal forms
2. Origins of the federal form of government
Philosophical
Decentralizes power
Protects geographic minorities
Political
Concession by nationalists to supporters of states’ rights

3. Federalism in the Constitution
3. Why the question? Who has the power?
The Constitution, in places, is very clear:
A. Enumerated (or delegated) powers—powers clearly granted to the national government
Coining money
Regulating interstate commerce
Making treaties
National defense
B. Supremacy clause—National laws trump conflicting state laws.
BUT the Constitution in places is ambiguous:
A. Implied powers of the national government—found in the “necessary and proper” clause (elastic clause)
B. Conflicts with the Reserved Powers of the states, found in Amendment X. Powers seem to overlap.

4. Evolution of Federalism
4. Evolution of the Meaning of Federalism—(think of a pendulum)
A. National Supremacy: John Marshall and the Federalist Supreme Court
McCulloch v. Maryland (1819)
Gibbons v. Ogden (1824)
B. Interposition/Nullification (mid-1800s): Roger Taney and the Democratic Supreme Court
States’ Rights Doctrine
C. Reasserting National Supremacy (1860s)
Civil War and the 14th Amendment (incorporation)
D. Dual Federalism (late 1800s – 1930s): “Home Rule”
Layer Cake Metaphor

5. Evolution of Federalism
E. Reasserting National Supremacy—Fiscal Federalism ($$$)
Marble Cake Metaphor
The “Carrot and the Stick”—making the donkey go…
The Carrot: Forms of Aid
Categorical Grants
Block Grants
Revenue Sharing
The Stick: Unfunded Mandates
Refining the Marble Cake Metaphor—Picket Fence Federalism
F. Limiting National Supremacy (1990s)
Lopez v. US (1995) Gun-Free Schools Act
Brzonkala (2000) Violence Against Women Act
G. Extending National Power? (today)
NFIB v. Sebelius (2012) Affordable Care Act

6. Growth of Federal Power
5. Historical Growth of Federalism—Nationalization
2 Events Increased the National Government’s influence in the federal relationship:
A. Great Depression
Federal government spent more $ to try to get the country out of depression (Keynesian economic theory)
B. Great Society Programs
Programs like Medicaid and Medicare; “War on Poverty”
Post LBJ—trend away from national domination
“Devolution”
Reagan