1. Oct 2 – Gov – Intro to Federalism
Agenda:
Quick-write
Intro to Federalism
Federalism Case Studies
HW:
Constitutional Division of power between the national government and state governments. Both get their powers from the constitution, not each other.

2. Colonies Under British Control
UNITARY SYSTEM
Central govt – primary authority, regulates activities of the states
State govt – little or no powers, duties regulated by central govt
Citizens – vote for central officials
Unitary System – all power flows from one central government
Powerful British Government
The reasons for why the US has a federal system comes back to our governmental background
Increasingly, the colonists chafed under “parasitic” British control. Parliament (and the King) determined who the colonies traded with, what taxes they paid, and denied them representation in Parliament.
Political Subunits (Colonies)

3. Articles of Confederation 1781-1789
CONFEDERAL SYSTEM
Central govt – limited powers to coordinate state activities
State govt – sovereign, allocate some duties to central govt
Citizens – vote for state govt officials
Confederal System – power concentrated in political subunits with a weak central government (typically unite for a specific common goal)
Once independent, the colonists completely flip-flopped the government system figuring that the opposite of Britain’s had to be better…it wasn’t. A strong central government like the British system was unthinkable, so they made the central government very weak. Confederacies are inherently unstable.
Congress – the circle – didn’t have any political muscle

4. Articles of Confederation– Government Structure
Article II – “Each state retains its sovereignty, freedom, & independence.”
Unicameral Congress with one vote per state
No Executive
No Federal Judiciary (courts existed but at the state level)
FOR FEDERAL (CIRCLE)
1- UNICAMERAL CONGRESS WITH ONE VOTE PER STATE
Each state – the squares – had only one vote in Congress no matter what their size was:
􀂃 Georgia had one Congressperson to represent its 25,000 citizens
􀂃 Virginia had one Congressperson to represent its 270,000 citizens
2-3 BECAUSE OF THE UNICAMERAL LEGISLATURE (there was NO President or NO Supreme Court)

5. Articles of Confederation- Weaknesses
Supermajority (9 of 13) to pass a law
Supermajority (13 of 13) to amend
No control of taxation or commerce between states or with foreign nations
4 – SUPERMAJORITY NEEDED
9/13 needed to pass a law
13/13 needed to amend (change) the AOC
5 – NO TAXATION CONTROL OR ECONOMIC
Congress – the circle – couldn’t collect taxes (had to beg $ from the states)
Congress – the circle – didn’t have any political muscle
ESSENTIALLY…WHAT YOU HAD WAS…
Confederations are historically unstable – the AOC tried to glue together 13 separate nations
– squares – all wanting to do their own thing
By 1787 the Articles were not functioning at all. They made the United States weak and
unable to respond to English military forts on our borders and Spain closing the Mississippi River to shipping
traffic.
Another concern was poor farmers who took up guns (Shays’ Rebellion) to protest the horrible
economic situation.
Something needed to be done. In May of 1787, 55 men met in Philadelphia to “revise” the Articles

6. Is there a balance between the extremes?
Unitary is too much like Britain’s system.
Even those who like a unitary system know it would never pass
Confederal is too weak.
Centralized Decentralized

7. The First Federal System
Central govt – shares power with states
State govts – shares power with central govt
Citizens – vote for both state and central govt officials
Federal System – a blend of Unitary and Confederal systems.
The Constitution created the first federal system in the world. It is now widely copied around the world.
The Constitution (1788-Present)
The Constitution solved many problems of the AOC:
1. Problem: The circle was not powerful enough
Solution: The US was the first nation to ever use this system. It was an American
invention that has been copied by many nations around the world. It
was a combination of the English system and a Confederation. ASK STUDENTS HOW CONSTITUTION SOLVED!
2. Problem: The AOC only had one branch of government (the Unicameral Congress)
Solution: Three Branches (Congress, President, Supreme Court)
CONSTITUION SOLVED?
3. Problem: Under the AOC, each state got one vote (no matter the size of their population)
Solution: Great Compromise
􀂃 Upper House (Senate)
􀂃 Lower House (House of Reps)
Bi-directional arrow shows that the subdivisions are not left powerless.

8. How the circle and the squares get along
Federalism
How the circle and the squares get along

9. What is Federalism
Federalism: constitutional division of power between state (square) and national govt (circle)
Both get their powers from the Constitution, not each other.
Two or more governments exercise power and authority over the same people in the same territory

10. Reasons, briefly, please. . . .
Unity, not uniformity
Allows for differences amongst states…
geographically large nation
heterogeneous population
More likely to check tyranny
Inefficiency but…remember…
Encourages experimentation
Keeps govt close to people – access points
Allows for unity, not uniformity (Unitary System)
Allows for differences amongst states
More suitable for geographically large nation
More suitable for heterogeneous population
Allows for differences
More likely to check tyranny
Encourages experimentation
States become labs (NV, CA)
Keeps government closer to the people
Multiple points of contact / access for citizens

11. Structure of American Federalism

12. Structure National Powers – 3 categories of power
Expressed/Enumerated
Implied
Inherent
State Powers (Reserve)
Basis in Amendment 10
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
I. National powers. National govt. has 3 categories of powers that are delegated to it. Here are the categories of the delegated powers:
A. Expressed (enumerated): actually stated in the Const.
B. Implied: not stated explicitly, but suggested implicitly. Importance of elastic clause.
C. Inherent: not stated explicitly, but held by the national govt. by virtue of its being a
national govt. Any govt. is entitled to certain foreign policy powers such as diplomatic recognition, acquiring territory, or defending itself.
 II. State powers: reserved.
A. Amendment 10 states that any powers not granted to the national govt. are reserved for the states.
B. Examples: establishing voting requirements, running elections, licensing professionals,
protecting community health, establishing a vehicle code.

13. Powers Federal Government Coin money
Regulate the economy and foreign and interstate commerce
Declare war
Manage national military
Direct foreign relations
Establish Post Offices
States (RESERVED)
Issue Licences
Create local level of govt
Regulate intrastate commerce
Hold elections
Ratify amendments
Conduct social policymaking
Establish local governments

14. Concurrent Powers Granted to Congress but not denied to states
Held by both state and federal gov’ts
How many can you name????
Questions of fed/state authority decided by courts

15. Shared (Concurrent) Powers
Make and enforce laws
Collect taxes
Maintain courts
Allocate money for public needs
Build roads
Law enforcement
Charter banks and corporations

16. National Supremacy Article VI
The Constitution, federal laws, and treaties are the “supreme law of the land”
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

17. Vertical Federalism Article VI, the Supremacy Clause T
supremacy of the national government in its relationship with the states.
establishes vertical federalism.

18. Powers Denied National Government State Governments
May not violate the Bill of Rights
May not impose export taxes among states
May not use money from the Treasury without the passage and approval of an appropriations bill
May not change state boundaries
May not enter into treaties with other countries
May not print money
May not tax imports or exports
May not Impair obligations of contracts
May not suspend a person's rights without due process
In addition, neither the national government nor state governments may:
Grant titles of nobility
Permit slavery (13th Amendment)
Deny citizens the right to vote due to race, color, or previous servitude (15th Amendment)
Deny citizens the right to vote because of gender (19th Amendment)

19. Obligations Federal  States States (Article IV)
Guarantee republican form of gov’t, protect states from invasion, grant new states same rights as existing states
States (Article IV)
Full faith and credit (respect obligations of other states)
Same sex marriage??
Privileges and immunities clause—same rights as other states
Extradition
Interstate compacts require consent of Congress

20. Horizontal Federalism
Article IV, the Interstate Relations Article
Under the Constitution, all states are equal and must treat each other as equals.
establishes horizontal federalism which defines the relationship among the states.

21. Theories of Federalism
Dual Federalism
Up to approx 1937
State and national gov’ts reigned supreme in their own spheres
Layered—like a cake—each were distinct
Cooperative (Marble Cake) Federalism
Post 1937
Mingling of responsibilities
Sharing power
Suggests that fed power needs to broadly interpreted