Chapter 3
Federalism
Federalism
★ The U.S. was the first country to
adopt a federal system of
government.
★ Federalism - System of
government where the national
government and state governments
share power.
3 Systems of Government
Why Do We Need a Strong
National Government?
★http://www.pbs.org/wnet/supremecou
rt/educators/video/lp1_vid1_vid.html
Federalism - National
Powers
★ Article I, section 8 (18 clauses)
• Enumerated Powers - includes
powers to coin money, provide a
military, declare war, create courts,
etc.
• Implied Powers - Clause 18: the
necessary and proper (Elastic)
clause.
★ Article VI: the supremacy clause.
Federalism - National
Powers
★ Enumerated Powers
• Raise and support a military.
• Declare war.
• Regulate interstate commerce.
• Conduct foreign affairs.
• Levy and collect taxes.
• Establish a post office.
• Admit new states.
• Coin money.
Federalism - National
Powers
★ Implied Powers
• Article I, Section 8, Clause 18 - “To make
all Laws which shall be necessary and
proper for carrying into Execution the
foregoing Powers, and all other Powers
vested by this Constitution in the
Government of the United States, or in
any Department or Officer thereof.”
Is the Federal Government
too Strong?
★GM
★http://www.pbs.org/newshour/video/
module_byid.html?s=news01n28cbq99
e
Is the Federal Government
too Strong?
★ Stimulus Bill
★ http://www.pbs.org/newshour/video/
module.html?mod=0&pkg=13022009&s
eg=1
Is the Federal Government
too Strong?
★What are a couple of things the
Obama Administration has done which
have caused some people in the U.S. to
feel that the federal government is
too powerful?
Federalism - State Powers
Tenth Amendment states that the powers
not delegated to the U.S. by the
Constitution, nor prohibited by it to the
states, are reserved to the states, or to
the people.
Federalism - State Powers
•Conduct elections.
•Ratify amendments to Constitution.
•Regulate intrastate commerce.
•Establish local governments.
•Provide for public health, safety,
and welfare.
Federalism - Concurrent
(Shared) Powers
• Provide for the general welfare.
• Make & enforce laws.
• Levy & collect taxes.
• Borrow money.
• Establish courts.
States’ Rights
★http://governor.state.tx.us/news/pres
s-release/12227/
★http://www.youtube.com/watch?v=Dzb
dugWJbNo&feature=fvwrel
★http://www.pbs.org/wnet/supremecou
rt/educators/lp1.html
• Clip 3
The Civil War
The Civil War occurred
because of the South’s
desire for increased
states’ rights. When the
South was defeated, so
was the idea that a
state has a right to
secede from the Union.
Library of Congress
Supremacy Clause
★Article VI of the Constitution mandates
that actions by the national government
are supreme.
★Any conflict between a legitimate action
of the national government and a state
will be resolved in favor of the national
government.
The Supreme Court and
State-Federal Power
McCulloch v. Maryland (1819)
• Maryland imposed a tax on banks not
chartered by Maryland i.e. the Second
Bank of the U.S.
• Did Congress have the authority to
charter a bank? Supreme Court said yes.
• If so, could a state tax it? Supreme
Court said no because the power to tax is
the power to destroy.
The Supreme Court and
State-Federal Power
McCulloch v. Maryland (1819)
• http://www.pbs.org/wnet/supremecourt/
educators/video/lp1_vid2_vid.html
The Supreme Court and
State-Federal Power
Gibbons v. Ogden (1824)
• New York gave two individuals the right
to operate steamboats in New York
waters; the individuals licensed Ogden to
operate a ferry between New York and
New Jersey. Gibbons had a license from
the U.S. government to operate boats in
interstate waters and began competing
with Ogden. Ogden sued Gibbons.
The Supreme Court and
State-Federal Power
Gibbons v. Ogden (1824)
• Supreme Court said the power to
regulate interstate commerce was an
exclusive national power and said
steamboat travel was commerce.
Dual Federalism, Civil War1932
Defined by two separate and equal
governments.
Each has its own sphere of responsibility.
Cooperative Federalism,
1932-1980
Cooperative federalism defined by
collaboration.
New Deal recovery efforts, 1930s.
Great Society program, 1960s.
Use of categorical grants.
New Federalism, 19802001
New Federalism - a return to state power.
President Ronald Reagan was a pioneer.
Use of less restrictive block grants.
Passage of law attempting to end
unfunded mandates.
President George W. Bush departs from
this trend - No Child Left Behind.
President Barack Obama - Progressive
Federalism.
States’ Rights
★Arizona Immigration Law:
• http://www.pbs.org/newshour/bb/la
w/july-dec10/immigration_0722.html