1. Chapter Three:
Federalism

2. Nation vs. State Rights Issue starting with Articles of Confederation
Founders wanted a representative national government and states as governing bodies

3. Federalism
Federalism: the division of sovereignty, or ultimate governance, between a national government and a regional government
A part of the system of checks and balances
Another issue of debate during the constitutional convention

4. State’s Rights
States' rights refers to the idea that U.S. states possess certain rights & political powers in relation to the federal government.
A commonly cited source for states' rights is the 10th Amendment to the Constitution, which is part of the Bill of Rights

5. State’s Rights The states' rights concept is usually used
to defend a state law that the federal government seeks to override
to oppose a perceived violation by the federal government of the bounds of federal authority.

6. U.S. Constitution
The U.S. Constitution establishes a government based on "federalism," or the sharing of power between the national, and state (and local) governments.

7. U.S. Constitution
Our power-sharing form of government is the opposite of "centralized" governments, such as those in England and France, under which national government maintains total power.

8. Enumerated Powers
Enumerated powers: those specifically expressed in the Constitution

9. Implied Powers
Implied powers: the authority to take action not expressly authorizes or written in the constitution
Founders left Constitution vague in some areas on purpose so there would be room for interpretation.

10. Exclusive Powers of the National Government
Under the Constitution, powers reserved to the national government include:
Print money (bills and coins)
Declare war
Establish an army and navy

11. Exclusive Powers of the National Government
Enter into treaties with foreign governments
Regulate commerce between states and international trade

12. Exclusive Powers of the National Government
Establish post offices and issue postage
Make laws necessary to enforce the Constitution

13. Exclusive Powers of State Governments
Powers reserved to state governments include:
Establish local governments
Issue licenses (driver, hunting, marriage, etc.)

14. Exclusive Powers of State Governments
Regulate intrastate (within the state) commerce
Conduct elections
Ratify amendments to the U.S.

15. Powers of the State
Reserved powers are the powers of the state. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the states.”

16. McCulloch v. Maryland Early 1800s
4th Chief Justice of the Supreme Court, John Marshall, established the Supremacy Clause
Marshall asserted that the laws adopted by the federal government, when exercising its Constitutional powers, are generally paramount over any conflicting laws adopted by state governments.

17. State Constitutions

18. State Constitutions Each of the 50 states has its own constitution

19. State Constitutions
All provisions of state constitutions must comply with the U.S. Constitution
For example, a state constitution cannot deny accused criminals the right to a trial by jury, as assured by the U.S. Constitution's 6th Amendment

20. Federalism Today
Trend 1: expansion of national authority which started with President Roosevelt in the 1930’s (ex. Social security)

21. Federalism Today
Trend 2: Devolution—passing down of authority from the national government to state governments (ex. Welfare reform under President Clinton)

22. The Public’s Influence
Can sway policy
Example: During depression, states wanted more national government interaction

23. The Public
Example: In 1990’s the public wanted less national involvement and welfare reform occurred
Boundaries between roles of state and national governments can change

24. Summary
Exists a division of authority between national and state governments
Constitution both helped define national government and protect state governance
Trends exist and can influence power