FEDERALISM
1.
The Roots of the Federal System: a.
Political system halfway between failed __________________________ and the tyrannical unitary system of Great Britain. b.
The three major arguments for federalism: i.
the prevention of __________________________; ii.
the provision for increased participation in politics; iii.
the use of the states as __________________________for new policies and programs.
2.
Federalism Defined: a.
Power is __________________________between the national/central government and the states
(regional units) in order to __________________________.
3.
Types of Power: Article I, Section 8: This article defines the three types of power held by the federal government. a.
__________________________: i.
__________________________ (Enumerated) Powers: Defined in Articles I, II, and III
1.
the power to lay and collect taxes;
2.
provide for the national defense and make regulations for the military;
3.
regulate commerce with foreign nations, among the states, and with Indian tribes;
4.
coin money and regulate the value thereof;
5.
declare war;
6.
establish political offices;
7.
issue copyrights and patents. ii.
__________________________Powers
1.
The central government may make all laws which shall be necessary and proper for carrying into execution the enumerated powers.
2.
Used to expand the powers of the national government (elastic clause). This clause allows Congress to make any law necessary and proper to exercise its powers. iii.
__________________________ Powers: Powers naturally belonging to the federal governments of sovereign countries. b.
State Powers__________________________says: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." Also called __________________________powers (affecting health, safety, and morals). c.
__________________________ Powers such as the right to tax, borrow money, establish courts, and make and enforce laws are powers states share with national government. d.
__________________________ Powers i.
__________________________lays out powers denied to the central government. For example: give preference to ports of one state over another ii.
__________________________lays out the powers denied to the states. For example: enter into treaties, alliances, or confederations iii.
__________________________ (laws making an action illegal and enforced AFTER the action has taken place) are denied to both the federal and the state
4.
Relations among the States: Article IV requires states to give __________________________to each others’ laws and legal proceedings. a.
__________________________if asked by another state b.
__________________________, custody rulings, etc c.
__________________________of citizens in other states

The Evolution and Development of Federalism
Defined by Supreme Court, by laws instituted by Congress, and by actions of the President.
Supreme Court: __________________________ (1819) __________________________
The Court upheld the power of the national government to establish a national bank and denied the right of a state to tax the bank. “The power to tax is the power to destroy.” __________________________.
__________________________ (1824) __________________________
The Gibbons case centered on the conflict between the states and the powers of Congress. Could New York grant a monopoly concession on the navigation of the Hudson River In Gibbons, the Court upheld broad congressional power over interstate commerce. __________________________.
__________________________ (1857) __________________________
The Supreme Court articulated the idea of __________________________in which separate but equally powerful levels of government is preferable, and the national government should not exceed its enumerated powers. The Court held that Mr. Scott was not a U.S. citizen and therefore not entitled to sue in federal court and must remain a slave. Taney further wrote that Congress had no power to abolish slavery in the territories and slaves were private property protected by the Constitution. __________________________.
The Civil War and Beyond
Dual Federalism remained the Supreme Court's framework for federalism until the crisis of the
__________________________demanded powerful actions from the national government.
__________________________1930’s-50’s
Prior to the 1930s, we used the analogy of a layer cake to describe federalism. Each layer has defined powers and responsibilities. By the New Deal, we use the analogy of a __________________________because the lines of authority are more mixed. National government affects state and local policy. Money shifts from federal government to state/local governments. States have a __________________________, as did cities. Federal monies started public works projects, work programs, relief agencies (alpabetocracy).
__________________________, 1940-2005
Federal grants that offer money or other resources to pay for state or local activities
__________________________ (Regulated) Federalism 1960’s-70’s--Increase in Federal Grants to states for a specific purpose (e.g., poverty programs, welfare, environment). Grants used to compel individual states to behave, or federal government would withhold funds. (e.g., interstate highway funds & speed limit)
__________________________: __________________________1980’s-90’s --Drastic cuts in federal domestic programs and income taxes to reestablish the primacy of the states. Federal aid to state and local governments declined. States given more responsibility and autonomy. Issues during 1980’s-90’s Revenue sharing & matching funds;
__________________________: monies allocated to states for broad purpose, such as education or poverty, with few regulations on administering funds; __________________________: laws that direct states & localities to pass laws with federal regulations, e.g., clean air laws & public access for disabled; State budgetary constraints: recession, constitutional requirement for balanced budget; Intergovernmental lobby groups: NGA, USCM. Reagan nominated
__________________________.

The Devolution Revolution
__________________________ = delegation of power & responsibility Clinton Era reaction to growth in power of the
national government due to __________________________majority in both houses of Congress. Goal: roll back scope of federal government and give back of control to the states
__________________________: in negotiation with __________________________, shift responsibilities to states;
Unfunded Mandates Reform Act of 1995
__________________________on Reinventing Government - traditional Republican issue
Federalism and the Supreme Court
Poll after poll showed that Americans thought the national government was too big, too strong, and too distant to understand their concerns. Under Supreme Court __________________________, U.S. Supreme Court limited the size of the national government, playing a role in interpreting this new form of federalism. Cases involved abortion, gun control, environment, use of commerce clause, right to sue.
Generally handing back power to the states; Majority pro-states’ rights, 5-4 decisions; Webster v. Reproductive Health
Services (1989) and Casey v. Planned Parenthood (1992): states can limit abortion laws; U.S. v. Lopez (1995): federal law cannot regulate guns within 1000 of a school BUT
__________________________: upheld deadline for selection of electors; struck down FL SC