Note Guide Chapter 3 (Federalism)
Use the following outline to guide your note taking. Please pay particular attention in this chapter to
trends, statistics, and the charts and graphs. Be very specific with your notes. One word of warning, this
is a chapter and topic that traditionally gives students fits. Please be precise with your reading and notes.
1) Why Federalism Matters
a) The two holdings of National Federation of Business v. Sebelius (how do they show how the
extent and limitations on Congressional power over states)
b) Definition of federalism (and “lines of power” in three systems of government)(for definitions the
box on page 60 can be helpful)
2) The Founding
a) The central assumption of how the Constitution divided power between state and central
government
i) The Tenth Amendment
b) The use of “Elastic Language”
i) Why did the Founders choose to use vague provisions
(1) The Commerce Clause
(2) The Elastic Clause
(3) Other provisions bearing on federalism (see box on page 56)
ii) 2 views of the Founders
3) The Debate on the Meaning of Federalism
a) Key case-McCulloch v. Maryland
b) Nullification
c) Dual Federalism
i) When
ii) What was it
iii) Applied to “commerce”
d) State Sovereignty
i) Key cases
(1) United States v. Lopez
(2) United States v. Morrison
(3) Printz v. United States
(4) Alden v. Maine
(5) Federal Maritime Commission v. South Carolina Ports Authority
ii) State Police Power
4) Governmental Structure
a) The “basic political fact” .of federalism
b) What does it mean to say that federalism has the “virtues of its vices and the vices of its virtues”
(Riker v. Elazar)(the names of the political scientists are not important-the ideas are)(Maybe a Tchart here?)
c) Effect of federalism on political activity
d) What the states can do
i) Areas of state authority
ii) State provisions re: direct democracy
(1) Initiative
(2) Referendum
(3) Recall
iii) The difference between the legal status of states protected by the Constitution and the legal
status of local jurisdictions such as cities, towns and counties
5) Federal State Relations
a) Grants-in-aid (purpose, benefits, problems, examples of uses, time frame used)
b) Intergovernmental lobby (purpose, benefits, problems, examples of uses, time frame used)
c) Categorical grants (purpose, benefits, problems, examples of uses, time frame used)
d) Block Grants (and revenue sharing)(purpose, benefits, problems, examples of uses, time frame
used)
i) The use and effect of distributional formulas
6) Federal Aid and Federal Control
a) Mandates (purpose, benefits, problems, examples of uses, time frame used)
b) Conditions of Aid (purpose, benefits, problems, examples of uses, time frame used)
7) Devolution
a) What was it?
i) Presidents and programs associated with the concept
ii) What happened to Devolution
(1) How was this exemplified by changes in programs to help the poor
iii) Reactions of state governments
8) Congress and Federalism
a) What factors affect Congressional actions regarding states (i.e. federalism)
9) Revenue Sharing (purpose, benefits, problems, examples of uses, time frame used)
Chapter 3 Note cards:
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Block Grants
Categorical grants
Conditions of aid
Confederation (Confederal System)
Devolution
Dual federalism
Federal System
Grants-in-aid
Initiative
Intergovernmental lobby
Interstate commerce
Mandates
“Necessary-and-proper clause” (Elastic Clause)
Nullification
Recall
Referendum
Tenth Amendment
Unitary System