AP US GOVERNMENT
& POLITICS
UNIT 1 CONSTITUTIONAL UNDERPINNINGS
POWERPOINT #3:
Federalism
• Power is also dispersed through
the notion of federalism‐ a way
of organizing a nation so that
two or more levels of
government have formal
authority over the same land
and people. Federalism allows
state governments to do what is
best for their state (which might
be something completely
different compared to another
state), it also allows for an
additional check to the national
government’s power.
Enumerated/Delegated/Expressed
powers – Powers the Constitution
specifically grants to one of the
branches of the national government
(Ex. Congress can coin money,
President serves as Commander-inChief)
Implied powers – Powers inferred
from the expressed powers that allow
Congress to carry out its functions (Ex.
Congress can create an air force)
Inherent powers – The powers of the
national government in foreign affairs
that the Supreme Court has declared
do not depend on constitutional
grants but rather grow out of the very
existence of the national government
(Ex. Regulating immigration or
acquiring territory)
Concurrent powers – Powers that the
Constitution gives to both the national
and state governments (Ex. The power
to tax)
Reserved powers – Powers belonging
specifically to the states and the
people because they were not
delegated to the national government
nor denied to the states (Ex. Establish
local government systems)
Limitations
on
Majority
Rule
• An insulated Senate
• The Framers viewed the Senate as a safeguard against irresponsible majorities in the House of
Representatives
• State legislatures originally chose senators until the 17th Amendment
• The staggered term of service in the Senate made it more resistant to popular pressures (1/3
elected every 2 years)
• “Cup and Saucer” analogy used by Washington and Jefferson…House is hot cup, Senate is
cooling saucer when it comes to legislation
• An indirectly elected President
• The President is not directly elected by the popular vote.
• Instead, the Framers created an electoral college comprised of electors who would then
choose a president
• The electors are now “rubber stamps” who follow the popular majority in their states.
• An independent judiciary
• The judicial branch is insulated from popular control.
• Federal judges are appointed by the President and confirmed by the Senate.
• Federal judges serve until they resign, retire, or die in office. They can be removed from office
only through the impeachment process.
Marbury v. Madison
People:
Marbury (wanted to become judge) v. Madison (Secretary of State)
Question:
Did the Supreme Court have to force President Jefferson to allow
Marbury to be a judge?
Factors considered:
Supreme Court was not yet equal to other branches
Decision:
NO. This case is important, not because of the decision, but rather what
the decision established:
Judicial Review
McCulloch v. Maryland
People:
McCulloch (bank manager) v. State of Maryland
Question:
It is lawful for the government to create a national bank? Can a state
tax a federal bank?
Factors considered:
McCulloch refused to pay taxes to Maryland because he said that
federal institutions are superior to state institutions AND it was
“necessary and proper” for the government to establish a bank
Decision:
Sided with McCulloch, states CANNOT tax a federal bank because of
Supremacy Clause and Necessary and Proper Clause
Gibbons v. Ogden
People:
Aaron Ogden, Thomas Gibbons- rival steamboat operators
Question:
Who has the ultimate authority to regulate interstate commerce?
Factors considered:
NY granted Ogden a monopoly to operate his boats on a stretch of
water between NY and NJ. Gibbons began to work the same stretch of
water, so Ogden sued Gibbons to force him to stop working that
stretch. When Ogden won, Gibbons appealed to SCOTUS (The Supreme
Court).
Decision:
Gibbons won. Gibbons was allowed to work the same stretch of water
because the federal government regulates interstate commerce, not
states
Fiscal Federalism
Definition: The pattern of spending, taxing, and providing
grants in the federal system; it is the cornerstone of the
national government’s relations with state and local
governments
Federal Grants
Advantages and Disadvantages of
Federalism
Advantages
Disadvantages
1. Promotes diverse policies that 1. Promotes inequality because
encourage experimentation
states differ in the resources
and creative ideas
they can devote to providing
services
2. Provides multiple power
centers, thus making it difficult 2. Enables local interests to delay
for any one faction or interest
or even thwart majority
group to dominate government
support for a policy
policies
3. Creates confusion because the
3. Keeps the government close to
different levels of government
the people by increasing
make it difficult for citizens to
opportunities for political
know what different
participation
governments are doing
• Dual federalism (no overlap in powers) contrasts with
cooperative federalism (overlap). The “cooperation” of
federal and state governments has brought about shared
costs & shared administration, but usually under federal
guidelines or mandates.
Obligations of the National Government to the States:
1. Guarantee each state a republican form of govt.
2. Protect each state against invasion or domestic violence
3. Grant new states the same rights as other states
Devolution: The slow and steady transfer of power back
to the states (Ex. Welfare Reform Act of 1996 gave the
states the money to run their own welfare programs.
States had wide discretion in implementing the federal
goal of transferring people from welfare to work)