Essential Questions:
Federalism
What is the purpose of a federal type of government?
What are the powers of the federal and state
governments?
In what way does the federal government exercise its
power over the states?
How has federalism evolved over time?
What are the positive and negative outcomes of
federalism?
Key Objectives Part I
-compare and contrast positive and
negative effects of federalism
-define federalism as it relates to
America’s political system
-list and define the types of powers for
each level of government
-identify the central purpose of federalism
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Federalism!
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Federalism – Government system by which power is shared among state
and federal governments.!
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Importance of Federalism! - the most persistent source of conflict in
American history Ex. Civil war, Oregon suicide law, No Child Left Behind,
Abortion!
What did your founding forefathers intend to create? (at
the least) A security check on power and a device to
protect liberty.!
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Hamilton; Federalist #28 “If their rights are invaded by
either, they can make use of the other as the instrument
of redress.”!
Does Federalism protect liberty? !
Good
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Provides a testing
ground or “laboratory”
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at the state level to promote
national support
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Ex. Women’s right to
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Vote, gay marriage!
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! Bad!
-promotes discrimination
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allowing majorities to pass legislation!
harmful to national interests.!
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ex. Jim Crow laws, Gay
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marriage!
Powers of State/Fed Government!
Federal Government
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constitution !
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Ex. To coin money, to declare war, !
issue patents…(Article 1, Section 8)!
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!State
Government!
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Expressed – written in !
Reserved – 10th Amendment ;
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Implied – powers !
suggested by!
Expressed powers!
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Ex. Elastic Clause – Necessary !
and Proper clause: It is the !
Expressed powers that allow congress!
to coin money but through the the implied!
Powers congress can establish a national bank!
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!Concurrent!
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!Shared by both!
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!Ex. Collecting taxes!
!anything not !
!prohibited by constitution
!or preempted by!
federal law Ex. !
Example
Expressed powers - Thou shall not express thyself inconsistent
with a proper learning environment while the Stockman is
instructing or a leg will be removed.
Reserved powers - All powers not granted to the Stockman in
the classroom Constitution are reserved for the students.
Implied powers - proper learning environment clause
Powers denied to each level of government!
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Fed. – Laws reserved to the states, spending unauthorized money or taxing
exports!
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States – make money, go to war, or make treaties!
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Both – Bill of Rights!
Key Objectives Part II
-evaluate the evolution of federalism by
defining types of federalism
-compare and contrast types of fiscal
federalism
-define devolution revolution and list
examples of its impact on state-federal
relationships
Types and Brief History of Federalism!
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Dual Federalism - (Layered cake;post civil war - 1930;co-equals) State and Federal
Gov’t equally share supreme power; large group of powers to the state and powers
to the Federal Gov’t limited to those explicitly listed in the constitution. !
Cooperative Federalism - (Marble cake;post 1930 to 1980,) Power was shifted to the
National Gov’t Ex. Education, Civil Rights Laws, Great Society, New Deal!
New Federalism - (post 1980) Transferring of power back to the states (Devolution
Revolution) “the era of big government is over” ex. TANF, US vs. Lopez!
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!-Second order Devolution; States giving
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!power to local governments
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!ex. – reduction in LGA for local projects!
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!-Third order Devolution; local governments !
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!giving power to the people!
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!ex. - referendums!
Fiscal Federalism - Block Grants given to states to !
mandate or offer conditions of aid to force federal initiatives. !
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Ex. Highway Funds, No Child Left Behind!
Key Objectives Part III
-list and define examples of implied
powers in describing the growing role of
the federal government
-compare and contrast the positive and
negative outcomes of federalism
Meaning of Federalism today?
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- Due to confusion at its inception, the Supreme Court over the years has kept its true
meaning in flux. !
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Examples of Federal power through implied powers;!
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Elastic Clause - Article I, Section VIII "to make all laws which shall be necessary
and proper for carrying into execution the foregoing power, and all other Powers
vested by this Constitution in the Government of the United States, or in any
Department or Officer thereof...” !
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Commerce Clause - Article I, Section 8, Clause 3 "To regulate Commerce with
foreign Nations, and among the several States, and with the Indian Tribes."
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Supremacy Clause - Article VI, Paragraph 2 "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 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."
Examples of State powers!
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State Police Power - Laws and regulations that promote health, safety, and morals
that are not unconstitutional. Ex. Prostitution, mandatory school!
Positives of Federalism !
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-greater local control
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-more participation
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-more checks on power !
(more competition between govts)
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!Negatives of Federalism!
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!-creates conflict and !
! complexity!
!-inefficiency!
!-more legal battles!