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Federalism Activity

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A way of organizing a nation so that two or
more levels of government have formal authority over the land and people.
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Division and sharing of power between levels of government
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Intergovernmental Relations
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The workings of the federal system- the entire set of interactions among national, state
and local governments.

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Expressed (enumerated)
Implied (necessary and proper)
Inherent “assumed” (acquisition of territory, foreign affair)
Reserved (States only)
Concurrent (shared)

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Decentralizes our politics
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More opportunities to participate
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Electoral system
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Decentralizes our policies
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Which government should take care of which problem?
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States can solve the same problem in different ways.

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Supremacy Clause (VI)
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The U.S. Constitution
Laws of Congress
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Treaties
State Constitutions
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State Laws
10 th
Amendment:
State’s Rights
What gives the federal government more power!

The Constitutional Basis of Federalism
 Establishing National Supremacy
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Implied Powers
Commerce Powers
The Civil War
The Struggle for Racial Equality

 States’ Obligations to Each Other
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Full Faith and Credit Clause
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Defense of Marriage Act 1996 (not included)
Extradition
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Privileges and Immunities

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Get in groups of 3
Task: Your group will examine three case
studies in which either the national government or a state government faced conflict in exercising its powers.
After examining the facts and arguments, your group will determine whether, according to the U.S. federal system, a legitimate use of power exists.

Case Study # 1: Federalism and Gun Control Laws
 What interesting details do you see?
 What federalism issue do you think this photograph represents?
 Do you think the national government or the state governments should have the power to control guns near schools?

Case Study # 1: Federalism and Gun Control Laws
 Read the Case Study.
 Discuss within your groups and answer the questions at the bottom.
 Do you think the national government has the power to prohibit the possession of firearms near schools?
Why or why not?

Case Study # 1: Federalism and Gun Control Laws

Case Study # 2: Federalism and Tobacco Advertising
Laws
 What interesting details do you see?
 What federalism issue do you think this photograph represents?
 Do you think the national government or the state governments should have the power to regulate cigarette advertising?

Case Study # 2: Federalism and Tobacco Advertising Laws
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Read about federalism and tobacco advertising laws on Student Handout
B.
 Do you think
Massachusetts has the power to regulate tobacco advertising within its borders?

Case Study # 2: Federalism and Tobacco Advertising Laws

Case Study # 3:
Federalism and Air Pollution Laws
 What interesting details do you see?
 What federalism issue do you think this photograph represents?
 Do you think the national government or the state governments should have the power to limit air pollution?

Case Study # 3:
Federalism and Air Pollution Laws
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Read article and discuss questions with group!

Case Study # 3:
Federalism and Air Pollution Laws
Outcome of Alaska Department of Environmental
Conservation v. EPA
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On January 21, 2004, the Supreme
Court decided that the
Environmental Protection Agency had the power to regulate air pollution in Alaska. In a 5-4 decision, the Court stated,
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 the Clean Air Act gave the EPA the authority to override a state’s decision.
• the EPA had enough evidence to reject Alaska’s claim that the state had required the best control technology available.

 Dual Federalism
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A system of government in which both the states and the national government remain supreme within their own spheres , each responsible for some policies.
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Like a layer cake
Ended in the 1930’s

 Cooperative Federalism
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A system of government in which powers and policy assignments are shared between states and the national government .
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Shared costs
Shared administration
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States follow federal guidelines

Intergovernmental Relations Today

Intergovernmental Relations Today
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Fiscal Federalism
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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.
$600 Billion
Figure 3.2

 Federal Grants to State and Local Governments (Figure 3.1)

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The Grant System
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Categorical Grants: grants used for specific purposes with strings attached.
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Types of Categorical Grants
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Project Grants: based on merit , competition (most common)
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Formula Grants: amount varies based on formulas
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Block Grants: Federal grants given more or less automatically
to support broad programs.
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Grants are given to states & local governments

Intergovernmental Relations Today
 Fiscal Federalism continued
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The Scramble for Federal Dollars
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$400 billion in grants every year
Universalism - a little something for everybody
The Mandate Blues
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Mandates direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant.
Unfunded mandates are requirements on state & local governments - but no money

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Advantages
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Increasing access to government
Local problems can be solved locally
Hard for political parties / interest groups to dominate ALL politics
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Disadvantages
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States have different levels of service
Local interest can counteract national interests
Too many levels of government - too much money
What are the benefits and drawbacks of a federal system?

Understanding Federalism
 State Welfare Benefits (Figure 3.3)

Understanding Federalism
 Spending on Public Education (Figure 3.4)

Understanding Federalism

Understanding Federalism
 Federalism and the Scope of Government
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Which level of government is best able to solve the problem?
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Which level of government is best able to fund solutions to the problem?