1. The Challenges of Modern Federalism New York, September 2001 New Orleans, August 2005

2. Federalism is…  A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).

3. Federalism is…  A system where national and state governments each have defined powers, with some being shared by both and some being denied to both.

4. Federalism & the Constitution The Federal Government has expressed powers specifically granted in the Constitution (tax, regulate commerce, declare war, etc.) The Federal Government has implied powers from the necessary & proper clause or “elastic clause” (ex: create a national bank) The 10th Amendment reserves powers to the states (ex: education, law enforcement, etc.) The U.S. Constitution is the supreme law of the land (National Supremacy Clause)

5. Dual Federalism (1789-1932)  Federal and state governments are co- equals, each sovereign  Narrow interpretation of the Constitution  Federal government only has jurisdiction if clear expressed in the Constitution (ex: coin money, foreign affairs)  State have greater role and powers (ex: public education, race relations)

6. What does duel federalism have in common with a layer cake?

7. Cooperative Federalism (1933-present)  National government clearly supreme over the states with wide interpretation of the “necessary and proper clause” (Article I, Sect. 8 of the Constitution, also known as the “elastic clause.”)  Federal government intervenes or assists in some areas traditionally left to the states (ex: education, health care, civil rights)  Began with the New Deal in the 1930s

8. What does cooperative federalism have in common with a marble cake?

9. Questions for Discussion  What 20 th Century events contributed to the shift from dual federalism to cooperative federalism?  What are the inherent strengths of a federal system in addressing national emergencies? What are the weaknesses?  In both the near future, do you think the trend of cooperative federalism with the federal government taking a dominant role over the states will continue? Will this trend continue even into the distant future?