Chapter Three:
Federalism
Learning Outcomes
LO 1 Explain some of the benefits of the federal system for the United
States.
LO 2 Describe how the various provisions of the U.S. Constitution
provide a framework for federalism.
LO 3 Discuss how, in the early years of the republic, the United States
Supreme Court confirmed the authority of the national
government, and how that authority was ratified by the Civil War.
LO 4 Define the terms dual federalism, cooperative federalism,
categorical grants, block grants, and fiscal federalism.
LO 5 Detail recent Supreme Court rulings that affect the distribution of
power between the national government and the states.
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Federalism and Its Alternatives
 A Unitary System
 Centralized
 A Confederal System
 Limited central government
 A Federal System
 Authority is divided
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The Flow of Power in Three
Systems of Government
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Federalism and Its Alternatives
 Why Federalism?
 Compromise was necessary
 Geography
 Other Arguments for Federalism
 Benefits for the United States
 Allowance for many political subcultures.
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A jackhammer operator from New York’s Department of Environmental
Protection removes asphalt from a street to fix a water pipe damaged
during Hurricane Sandy. In January 2013, Congress voted a $51 billion
Hurricane Sandy aid package to be distributed to affected states. Why is
disaster relief funding a national responsibility?
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Federalism and Its Alternatives
 Arguments against Federalism
 Local interests too powerful
 Easy for dominant groups to take over
 Inequity among states
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The Constitutional Basis for
American Federalism
 Powers of the National Government
 The Necessary and Proper Clause
 Implied powers
 Inherent powers
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The Constitutional Basis for
American Federalism
 Powers of the State Governments
 Reserved powers
 Police power
While the United States as a whole uses a
federal system of government, each individual
state has a unitary system. Here, the governor
of Michigan announces a state takeover of the
city of Detroit in March 2013. What gives a state
government the power to make such a move?
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The Constitutional Basis for
American Federalism
 Prohibited Powers
 Concurrent Powers
 Shared powers with national government
 Power to tax, borrow funds, establish courts, charter
banks
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A same-sex couple participates in a sit-in at the county clerk’s office in
San Francisco in February 2013. The couple is demanding that the clerk
issue them a marriage license. What is the current state of the law on
same-sex marriage in California?
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The Constitutional Basis for
American Federalism
 The Supremacy Clause
 Constitution and federal laws superior to
conflicting state and local laws

Example: National Guard
 Been used to change state and local laws
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The Constitutional Basis for
American Federalism
 Interstate Relations
 Full faith and credit to other states
 Extend privileges and immunities of citizens to
other states’ citizens
 Return persons fleeing from justice to their
home state
 Interstate compacts
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Defining Constitutional Powers –
The Early Years
 Supreme Court casts final vote when
interpreting powers
 Chief Justice John Marshall - Federalist
 McCulloch v. Maryland
 Gibbons v. Ogden
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Defining Constitutional Powers –
The Early Years
 McCulloch v. Maryland (1819)
 Does national government have power to
charter a bank?
 If legal, could a state tax it?
 Ruling: increase national authority
John Marshall (1755–1835) was
the fourth chief justice of the
Supreme Court.
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Defining Constitutional Powers –
The Early Years
 Gibbons v. Ogden (1824)
 The Background of the Case
 Marshall’s Ruling
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Defining Constitutional Powers –
The Early Years
 States’ Rights and the Resort to Civil War
 The shift back to states’ rights
 War and the growth of the national
government
 The Civil War Amendments
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The Continuing Dispute Over the
Division of Power
 Dual Federalism
 Co-equal sovereign powers
 The New Deal and Cooperative
Federalism
 States and national government working
together on antipoverty programs and
regulation of economy
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President Franklin D. Roosevelt (1933–1945) chats with two Georgia
farmers. Roosevelt’s national approach to addressing the effects of the
Great Depression was overwhelmingly popular, although many of his
specific initiatives were controversial. How did the Great Depression
change the political beliefs of many ordinary Americans?
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The Continuing Dispute Over the
Division of Power
 The Politics of Federalism
 Republicans and Democrats
 Devolution
 Conservatives look again to the states
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The Continuing Dispute Over the
Division of Power
 Methods of Implementing Cooperative
Federalism
 Categorical grants
 Block grants
 Fiscal federalism
 The strings attached to federal grants
 Federal mandates
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Federalism and Today’s Supreme
Court
 A Trend towards States’ Rights?
 Tends to favor states in more decisions than
ever before
 Favors federal government in others
 Recent Decisions
 Immigration, health-care reform, same-sex
marriage
 The Voting Rights Act
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Arizona governor Jan Brewer was the center of much controversy
over a 2010 state law restricting the rights of illegal immigrants. The
United States Supreme Court overturned parts of the law in 2012. Is
it appropriate for state governments to adopt special state policies on
immigration?
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Arizona Immigration Law:
Supreme Court Decision
Click picture to play video
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Arizona Immigration Law:
Supreme Court Decision
Taking a closer look:
1. Why do concerns about immigration differ
from state to state? Is this an economic or a
social issue?
2. What does this Supreme Court decision say
about federalism and immigration?
3. Do modern Americans want a “melting pot”
culture?
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