1. Federalism
Definition: political system with local government units, besides national one that can make final decisions regarding some governmental activities and whose existence is protected

2. Governmental Structure Federalism v Unitary System
Political system
Local government can make decision and be protected
Unitary System
Local government depends on the national government

3. Federalism a decentralization of government Distribution of power.
a “sharing of the wealth” + government power.
Distribution of power.
Delegated
INHERENT – all gov’t possess
Expressed -- Stated specifically
Implied (Makes expressed powers work)
Concurrent - shared power.
reserved - states rule

4. Under Federalisms Federal government has power over Economic issues
Military
Defense
State government has power over issues that deal with
Social
Moral
family

5. Positives and Negatives
Negative view
Blocks progress and protects powerful local interest
Positive view
Contributes to government strength
Political flexibility
Fosters individual liberty
Federalist Papers # 10
Small political units allow all relevant interest to be heard
Different political groups with different political purposes come to power in different places
Lowers the cost of political organization at the local level

6. National Powers State Powers Gay marriage License Elections
Patriot Act
Social Security
Naturalization
Discrimination
Gay marriage
License
Elections
Health Care
Education
Immigration enforcement
commerce
IRS

7. The Constitution 9th Amendment 10th Amendment Article I, section 8
Enumerated powers
10th Amendment
All power not given to the national government
Any power not prohibited to the states
Reserved to the states and the people
Article I, section 8
Congress can make the necessary and proper laws to carry out its enumerated powers

8. Categorical Grants v. Revenue Sharing
Categorical grants are for specific purposes defined by federal law; they often require local matching funds.
Block grants (the Welfare Reform Act is an example) were devoted to general purposes with few restrictions—states preferred block to categorical grants.
Revenue sharing requires no matching funds and can be spent on almost any governmental purpose.

9. Federal Aid and Federal Control
Condition of aid
What must be done if state receives aid
Drinking age 21
Mandates
Federal rule
State and local government have little o no say
Americans with Disabilities Act
Civil Rights Act

10. Hamilton's view: Jefferson's view:
national supremacy since Constitution supreme law
Jefferson's view:
states' rights with the people as ultimate sovereign

11. McCullogh v. Maryland.
1819
banking issue
set forth the “elastic clause” that gave the Congress the Necessary and Proper powers (implied powers) to enact policies to run the country!

12. McCulloch v. Maryland Could Congress charter a national bank
Yes
The power is not in the Constitution
“Necessary and Proper Clause”
Could states tax the national bank No
“The power to tax is the power to destroy”
National power supreme

13. Increasing National Power
Gibbons v. Ogden (1824)
Commerce issues
All intercourse between states
created "dual federalism."
Dual federalism = bath national and state governments are supreme in their own spheres
Today this is extinct
Heart of Atlanta Motel v. US (1964)
Commerce clause
Upheld the Civil Rights Act of 1964

14. What about the State Powers?
By the late 20th century
10th Amendment had little relevance
Lopez v US (1995)
What happen?

15. Federalism Video