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).
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.
Governments in the U.S.

National and State Powers
State Powers
National Powers
Concurrent
Powers
National and State Powers
Directions: Place each power in the correct area of the Venn diagram.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
Coin money
Borrow money
Establish and maintain courts
Levy and collect taxes
Regulate trade and business
within a state
Issue driver’s licenses
Draft people into the armed forces
Register voters
Define crimes and set punishments
Issue marriage licenses
Declare and conduct war
Control immigration
Grant divorces
O. Conduct elections
P. Regulate alcoholic beverages
Q. Pass license requirements for
professionals (lawyers, teachers, etc.)
R. Establish and regulate public schools
S. Regulate interstate and foreign trade
T. Admit new states
U. Claim private property for public use
V. Conduct foreign relations
W. Grant adoptions
X. Ratify amendments to the Constitution
Y. Manage the postal service
Z. Restrict prostitution
Distribution of Power

The Roots of the Federal System
 Under the Articles, U.S. was a confederation
 Did not want a unitary system like Great Britain
 Chose a federal system instead
 National and state governments share power—
they both derive their powers from the people
National Powers
 Enumerated powers set out in Article 1, Section 8
 Includes coining money, providing army, creating courts
 Necessary and proper clause is basis of implied powers
 Article VI includes the supremacy clause
Federalism & the Constitution
The U.S. Constitution
is the supreme law
of the land
(Supremacy Clause)
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 Federal
Government has
expressed powers
specifically granted in
the Constitution (tax,
regulate commerce,
declare war, etc.)
State Powers
 Tenth Amendment deals with
powers not enumerated
 Reserves rights for states or the
people
 Includes regulation for health,
safety, and morals
 Other powers are concurrent, or
shared
 Other powers are expressly
denied
Relations Among the States
 States must give full faith
and credit to other states
 Privileges and immunities
clause guarantees equality
 States are required to
extradite criminals
 States work together through
interstate compacts
 If someone gets married in
NY and then moves to VA are
they still married? Explain.
The Marshall Court
 Helps to define balance of state-federal power
 McCulloch v. Maryland (1819)
 Concerns states’ power to tax the national government
 Gibbons v. Ogden (1824)
 Concerns Congress’ power to regulate commerce
Dual Federalism, 1800-1932
 Defined by two separate governments—both sovereign and co-equal.
 Narrow interpretation of the Constitution
 Each level of government has its own sphere of responsibility
 State have greater role and powers (ex: public education, race relations)
 Federal government only has jurisdiction if clear expressed in the
Constitution (ex: coin money, foreign affairs)
 Characterized as layer-cake federalism.
 Dred Scott ruled that Congress cannot regulate slavery
 Federal government grows and changes after Civil War
 Sixteenth and Seventeenth Amendments set stage.
What does dual federalism have
in common with a layer cake?
Cooperative Federalism, 1932-80
 Cooperative federalism defined by collaboration
 National government clearly supreme over the states with wide
interpretation of the “necessary and proper clause” and “supremacy clause”
 Characterized as marble-cake federalism
 Result of New Deal recovery efforts, 1930s
 Also seen in Great Society programs, 1960s
 Through the use of categorical grants, the federal government intervenes or
assists in some areas traditionally left to the states (ex: education, health
care, civil rights)
 Welfare of citizens! (TVA, CCC, WPA, etc.)
 Clean Air Act
 Individuals with Disabilities Act
 Brown v. Board of Education
What does cooperative federalism
have in common with a marble cake?
New Federalism, 1980-2001
 New Federalism defined by return to state power, known as “Devolution
Revolution”
 President Ronald Reagan was a pioneer; also seen in
1990s Republican Revolution
 Perhaps a return to dual federal system?
 Use of less restrictive block grants
 Passage of law attempting to end unfunded mandates
 US v. Lopez, Printz v. US, US v. Morrison
all decided by Rehnquist court in favor of state power
 President George W. Bush departs from this trend
 Prompted by 9/11 and the use of preemption
Supreme Court and Federalism
 Court has played significant role in defining
federalism
 Idea of “new judicial federalism.”
 Issue areas such as sovereign immunity and
abortion
 Rehnquist Court initially seemed pro-states
 Uncertainty exists about direction of Roberts
Court—more recent decisions are mixed
Supreme Court and Federalism

Access to Abortion

The Challenges of
Modern Federalism
New Orleans, August 2005
New York, September 2001
Post 9/11 Federalism
Increasing power of the national government—
a departure from New Federalism?
– No Child Left Behind--took power from states to
determine educational policy
– Patriot Act--took freedoms away from individuals to
protect against future terrorist attacks
– Creation of the Department of Homeland Security-umbrella agency meant to create more centralized
control
“Another Perfect Storm”
Total Preemption
• In laws contradicting
what states have
already legislated, the
national government
exercises total
preemption
• A national moratorium
on taxing internet
commerce would
totally preempt many
laws that already exist
in particular states
Partial Preemption
• The national government
sets the requirements but
makes states deal with the
fine points
• No Child Left Behind—each
state creates its own test
• Clean Air Act—each state
figures out how to enforce
the standards
• A huge source of so-called
unfunded mandates
Unfunded Mandate Reform Act
of 1995
• Part of the Republican
Revolution
• If the national
government requires
states to do
something, they have
to provide the $$$
• Has been largely
ignored
• States have said that
NCLB is an unfunded
mandate; some have
filed suit