R1
Note 1: With court cases, you abbreviate “versus” with only a “v.,” NOT “vs.” (It’s not a UFC match.) In a case
between Ms. Ottenberg and Dakota Fanning, the case would be referred to as “Ottenberg v. Fanning.”
Note 2: If you are going to refer to the Supreme Court as just the “Court,” then you capitalize. If you see
“Court” in your notes, it means the Supreme Court.
Note 3: SCOTUS = Supreme Court of the United States.
FEDERALISM NOTES CONTINUED
#3: The Evolution & Development of Federalism

The ___allocation____, or division, of powers in our federal system has
____changed___ dramatically over the years.

The Supreme Court, in its role as ____interpreter___________of the Constitution,
has been a major player in the _redifinition____________ of the federal system.

Some early cases that addressed federalism include:
o __McGulloch v. Maryland (1819)____________
o __Gibbons v. Ogden (1824)________________
o ___Dred Scott v. Sandford (1857)___________

McCulloch (1819): was the first major decision by the Supreme Court under Chief
Justice ____John Marshall______ about the __relationship____________between
the states and the national government.
o The Court ___upheld__the power of the national government to establish a
__national bank_____________ and ___declined____ the right of a state to
__establish_______ the national bank. “The power to tax is the power to
destroy.”
o The Court’s __broad interpretation__________________________________
of the necessary and proper clause (or “needed and appropriate”) paved the
way for later rulings ___upholidng expansive federal powers_______.

The Gibbons (1824) case also focused on the relationship between the states and
the powers of Congress.
o Could New York grant a __license__________________ of
_______navigation_________________ to a company on the Hudson River?
o The Hudson River forms part of the ___border_________ between New York
and New Jersey.
R2
o U.S. __Congress____ had also ___licensed_______ a ship to sail the
Hudson.
o The main __constitutional ____ question in Gibbons was about the
__scope__________ of Congress’ authority under the ____________
__commerce clause_____________________ (Article I, Section 8, clause 3:
“to regulate commerce with foreign nations, and __amoung_____________
the several __states_____________, and with the Indian tribes.”)
o In Gibbons, the Court upheld ___broad_____________ congressional power
over ___interstate commerce_____, giving __ultimate____________
authority to grant an operational license to Congress.

Dred Scott v. Sandford (1857): The Supreme Court ____of the United States
(SCOTUS) favored__ the idea of ______dual federalism______in which separate
but equally powerful __________ of government is preferable, and the national
government _______exceed its enumerated powers.

The Court held that Mr. Scott was not a U.S. citizen, nor were any people of African
descent, and therefore not entitled to sue in federal court and Scott remained _a
slave_.

Chief Justice Roger Taney also wrote that Congress had no power to
__abolish______________ slavery in the territories and slaves were ______private
property __protected by the _____5th_________ Amendment: “…no person…shall
be deprived of life, liberty, or ___property_________, without due process of law.”

This was a _____narrow __interpretation of the power of the federal government.
The Civil War and Beyond:

__Dual Federalism________________ remained the framework for federalism in
Reconstruction and Progressive Eras. States actually believed they could
_nullify_________________ (void) federal laws they disagreed with.

Dual federalism finally ended in the 1930s and ____cooperative federalism_____
began when the crisis of the Great Depression
R3

demanded __powerful____actions from the federal government. The federal
government needed the States_______________ to
__implement_______________ numerous New Deal policies and so the
relationship changed. _States____________, in turn, needed
__help_____________ from the federal government.
Post FDR- Today:

__Cooperative______ Federalism replaced the idea of _dual_________ federalism.

Because of New Deal policies, the federal government became more __involved___
in domestic __policies_____ and ____ecomomics__.

States are required to carry out, or implement, laws and therefore, they rely on the
federal government for money.

Cooperative federalism is sometimes referred to as __marble cake_______
federalism. The federal government, states, and even _cities___________ have
roles that overlap and __mix______ together.

Grants-in-aid money flooded states for _public_____ works projects, work
___programs______________, relief agencies, and ___entitlements___ programs.
(For instance: _social security, unemployment, food stamps, veteran’s benefits.)
Creative (Regulated) Federalism; 1960s-1970s

General _Revenue___ Sharing (they can choose where to spend the money) &
_block____ grants (money for a specific purpose, like schools or roads) were
general, _broad__________ funds that gaves states money for their needs (i.e.
education, transportation, urban development, etc.), but the _Vietanam
War_______ and _military____________ expenses of the Cold War, as well as
__social projects________ under President Lyndon B. Johnson (“LBJ”) caused the
government to become more _strict_________ about how states used money.
They had begun to ___spend__ more _money_________ than they brought in
(_deficit___ spending).
R4

Increase in __categorical____ grants: allocation of federal _money_________ to
the states for a __specific____ purpose (i.e. aid to parents with dependent children,
airports, highways, technology in schools)

Federal leadership saw these grants as a way to __compel____, or force, individual
states to __behave_______ in ways _desired______________ by the federal
government. If the states __refuse_________ to _cooperate___with the federal
government, it would __withhold______funds (e.g. interstate highway funds and
speed limit or drinking age)
New Federalism

Drastic ________________ in federal _______________ programs and income
taxes in an attempt to ______________ the ______________ of the states. For the
first time in thirty years, federal aid to state and local governments
___________________. The idea was that federal government had gotten
_______ big. States should have more ________________ and
___________________.

Today, this trend has _________________ to some degree. ___________ and
_______________ components of categorical grants are more common and
_______________, or legislation requiring states to carry out certain measures, are
another way for the federal government, to put responsibility on the states
#4: Federalism & SCOTUS

By the early 1900s, _______________ polls reported that Americans began to think
that the _________________ government was too ___________, too
___________, and too ________ to understand their concerns or meet their needs.

SCOTUS, once again, played a role in __________ the ideas surrounding
federalism.

They took more cases involving ____________, gun control, the environment, and
the use of the ____________.
R5
Rehnquist Court- Reinterpreting Federalism:

Generally, under Chief Justice Rehnquist, SCOTUS gave ___________ power to
the _______________; the ________________ of power swung in power back to
the states.

Webster v. Reproductive Health Services (1989) and Planned Parenthood v. Casey
(1992): states can pass _________________________ measures on
_________________.

U.S. v. Lopez (1995): federal government ___________________ pass Gun Free
Drug Free School Zone Act based on _____________________________;
___________________ and safety laws have traditionally been left up to the states.

U.S. v. Morrison (2000): federal government ___________________ pass Violence
Against Women Act based on interstate commerce clause; __________ ________
dealing with assault have been in the states’ ____________________.
L3
LEFT PAGE
WORD:
Definition:
Expressed, Enumerated,
Example (picture or
sentence)
or Delegated powers
WORD:
Definition:
Implied Powers
WORD:
sentence)
Definition:
Interstate Commerce
WORD:
Example (picture or
Example (picture or
sentence)
Definition:
Dual Federalism or Layer
Example (picture or
sentence)
Cake Federalism
WORD:
Cooperative Federalism
or Marble Cake
Federalism
Definition:
Example (picture or
sentence)
LEFT PAGE
L4
COOPERATIVE FEDERALISM:
CATEGORICAL GRANTS:
GRANT-IN-AID PROGRAMS
BLOCK GRANTS:
PROJECT GRANTS: