Unit 2:
Federalism
1
Term:
Delegated Powers
Expressed Powers
Concurrent powers
Reserved powers
Supremacy Clause
2
Defintion:
Illustration:
Federalism
In this lesson we will identify and describe:
1. The Roots of the Federal System
2. The Powers of Government in the Federal System
3. The Evolution and Development of Federalism
4. Federalism and the Supreme Court
The Roots of the Federal System:

The Framers worked to create a political system that was

The three major arguments for federalism are:
o
o
o
Federalism Defined: Federalism is a __________________ ___________________ in which ___________________ is divided and ____________________ between the national/central
government and the _____________________ (regional units) in order to _________________ the
power of ______________ government. Now there are ____________ governments.
The Powers of Government in the Federal System
The distribution of powers:
3
1.
2.
3.
4.
5.
6.
Denied Powers:
o Article 1 Section 9 _________________________ certain powers to the ________________
government
o I.E. cannot suspend writ of habeas corpus or
o Article I, ______________________ denies certain powers to ____________________
o I.E. cannot declare war or
Relations Among the States:
o The Framers wanted a single country, not 13 squabbling semi-countries (REMEMBER THE
ARTICLES DID NOT WORK!)
o Article IV requires states to:
o Give “full faith and credit” to each others’ laws and legal proceedings (i.e.
________________________________________________________________
________________________________________________________________)
o ___________________________ those accused of crimes in other states
o Guarantee ____________________________ & __________________________ to all
citizens in all states (i.e. __________________________________________________
_____________________________________________________________________
_____________________________________________________________________)
2 C’s (something cool and something confusing):
Cool:
Confusing:
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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. NOTES CONTINUED
FEDERALISM
#3: The Evolution & Development of Federalism

The _____________________, or division, of powers in our federal system has
_______________________ dramatically over the years.

The Supreme Court, in its role as _________________________ of the Constitution, has been a major
player in the __________________ of the federal system.


Some early cases that addressed federalism include:
o
_______________________________________
o
_______________________________________
o
_______________________________________
McCulloch (1819): was the first major decision by the Supreme Court under Chief Justice
____________________________________ about the _____________________ between the states
and the national government.
o
The Court _________________ the power of the national government to establish a
_________________________ and _______________ the right of a state to _________ the
national bank. “The power to tax is the power to destroy.”
o
The Court’s ____________________________________ of the necessary and proper clause
(or “needed and appropriate”) paved the way for later rulings
______________________________________________.

The Gibbons (1824) case also focused on the relationship between the states and the powers of
Congress.
o
Could New York grant a ____________________ of ________________________ to a
company on the Hudson River?
o
The Hudson River forms part of the ____________ between New York and New Jersey.
o
U.S. _____________________ had also ______________________ a ship to sail the Hudson.
o
The main ___________________________ question in Gibbons was about the ____________
of Congress’ authority under the ____________ _______________________ (Article I, Section
8, clause 3: “to regulate commerce with foreign nations, and _______________ the several
_______________, and with the Indian tribes.”)
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o
In Gibbons, the Court upheld ________________ congressional power over
___________________________________, giving ______________ authority to grant an
operational license to Congress.

Dred Scott v. Sandford (1857): The Supreme Court ______________________ the idea of
__________________________________ 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 ________________________.

Chief Justice Roger Taney also wrote that Congress had no power to ________________ slavery in
the territories and slaves were ______________ __________________ protected by the
______________ Amendment: “…no person…shall be deprived of life, liberty, or ____________,
without due process of law.”

This was a __________________ interpretation of the power of the federal government.
The Civil War and Beyond:

______________________________________ remained the framework for federalism in
Reconstruction and Progressive Eras. States actually believed they could __________________ (void)
federal laws they disagreed with.

Dual federalism finally ended in the 1930s and ___________________________
______________________ began when the crisis of the Great Depression demanded
___________________ actions from the federal government. The federal government needed the
_______________ to _________________ numerous New Deal policies and so the relationship
changed. _____________, in turn, needed _______________ from the federal government.
Post FDR- Today:

____________________ Federalism replaced the idea of ___________ federalism.

Because of New Deal policies, the federal government became more ________________ in domestic
______________ and __________________.

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 ______________________ federalism. The
federal government, states, and even ____________ have roles that overlap and ________ together.
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
Grants-in-aid money flooded states for ______________ works projects, work _________________,
relief agencies, and ________________________ programs. (For instance:
_________________________________________
_____________________________________________________________.)
Creative (Regulated) Federalism; 1960s-1970s

General ____________________ Sharing (they can choose where to spend the money) &
________________ grants (money for a specific purpose, like schools or roads) were general,
___________ funds that gaves states money for their needs (i.e. education, transportation, urban
development, etc.), but the ___________________________ and _____________ expenses of the
Cold War, as well as _____________________________________ under President Lyndon B.
Johnson (“LBJ”) caused the government to become more __________ about how states used money.
They had begun to _______________ more __________ than they brought in (________________
spending).

Increase in ______________________ grants: allocation of federal __________ to the states for a
______________________ purpose (i.e. aid to parents with dependent children, airports, highways,
technology in schools)

Federal leadership saw these grants as a way to ________________, or force, individual states to
________________ in ways _______________ by the federal government. If the states ___________
to _____________ with the federal government, it would ____________________ 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
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#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 __________________________________.
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’ ____________________.
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WORD:
Definition:
Example (picture or sentence)
Definition:
Example (picture or sentence)
Definition:
Example (picture or sentence)
Definition:
Example (picture or sentence)
Definition:
Example (picture or sentence)
Revenue Sharing
WORD:
Full Faith & Credit Clause
WORD:
Interstate Commerce
WORD:
Dual Federalism or Layer
Cake Federalism
WORD:
Cooperative Federalism or
Marble Cake Federalism
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COOPERATIVE FEDERALISM:
CATEGORICAL GRANTS:
GRANT-IN-AID PROGRAMS
BLOCK GRANTS:
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PROJECT GRANTS:
FEDERALISM
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Federalism -
You’ve got a blank space, baby.
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Key Events in the History of American Federalism
I. Dual Federalism
1801-1835 Nationalist Period. The Marshall Court dramatically increased the power of the federal
government in relation to the states. McCulloch v. Maryland (1819) landmark court case establishing
Congress’s establishment of a national bank using the “elastic clause.”
1835-1861 Dual Federalism and Nullification. Strong emphasis on states’ rights (Ex.: South Carolina’s
Doctrine of Nullification re: the tariff and slavery. The Supreme Court becomes increasingly uncomfortable
with the issue of federalism and slavery (Dred Scott Decision, 1857).
1861-65 American Civil War. The North’s victory determines that the federal government and constitution
will reign supreme. However, the war does not resolve the conflict between federal and state authority. Battles
will be fought over authority in voting eligibility, school desegregation, and caring for the nation’s poor.
Morrill Act (1863) - 1st federal grants for land grant universities (e.g. VA Tech)
1876-1954 Jim Crow Laws. According to the original Constitution, states could determine voting eligibility.
Southern states denied blacks their voting rights for many years until the federal government enforced the 14th,
15th amendments with force. Plessy v. Ferguson (1896) legalizes segregation.
II. Cooperative Federalism
1933-1939 Introduces FDR the “New Deal.” In response to widespread poverty and unemployment,
Roosevelt Administration responds through a series of sweeping national programs such as social security,
public works programs, etc. The Supreme Court eventually confirmed FDR’s right to actively intervene in
areas traditionally left to states on the basis of the federal government’s Constitutional Right to regulate
interstate commerce (Article I, Section 8 - “elastic clause”).
1954 Brown v. Topeka Board of Education. The Supreme Court mandated school integration. The southern
states decry what they see as the federal government’s intrusion on traditional states’ rights.
1957 Little Rock, Arkansas. Arkansas Gov. Orval Faubus orders State National Guard to prevent black
students from enrolling at all white Central High School. President Eisenhower responds by ordering federal
troops to protect the black students and to enforce the Supreme Court’s Brown decision.
1964-1968 LBJ and the “Great Society.” Johnson administration introduces a far-reaching domestic
program to fight poverty and civil rights violations. LBJ administration enacts Medicaid and other programs
which involve Federal oversight of state governments.
1970 Nixon Administration Builds on “Great Society.” New federal programs continue the expansion of the
federal power over states and localities. Clean Air and Water Acts are enacted in the form of direct orders.
Others are funded through “block grants” which give states more discretion over spending.
1980s Reagan and “New Federalism.” Reagan attempts to limit the powers of the federal government to
impose its policies on state governments -- Devolution. However, as the budget deficit begins to soar, the
ability of the national government to fund state programs becomes limited. Mandates like the Americans with
Disabilities Act are unfunded.
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1990s Clinton Administration Declares “The era of big government is over.” Clinton and a Republican
dominated Congress shift the responsibility of welfare away from the federal government to the states in the
form of block grants with strings attached.
2000s George W. Bush and the “9-11 Era.” Greater federal control over law enforcement, education, and
security (examples No Child Left Behind Act, USA Patriot Act).
On a separate sheet of paper, select at least ONE (1) topic below and create a visual aid
to represent the era. This may be a collage, poster, or brochure.
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Whose Problem is it - Federal, State or Local Government?
The problems faced by all levels of government in modern life can be staggering and even overwhelming.
Below are four scenarios that are based on real life situations. You groups task is to address the problems and
decide which level of government or combination thereof, would best handle the problem.
Directions: Read each scenario carefully and address the following:
1. Identify what tasks need to be carried out to address the problem.
2. Identify what level(s) of government, federal, state or local, is responsible and/or best equipped to
resolve the problem.
3. Provide clear rational for each of your choices.
Scenario 1
The Chattahoochee river near Atlanta, Georgia has become polluted from industrial pollution, human waste and
debris. The city has so far been unable to effectively clean the river. As a result, the fish are dying, the river is
trash infested, water has turned a brownish color, and stench from the river has caused nearby residents to
complain. This polluted water has begun to contaminate drinking water in the city. Whose problem is it?
Scenario 2
The District of Columbia's public school buildings are in poor condition. Buildings are old and falling apart,
roofs are leaking, air, heat, and sewer systems need repair. The problem is so bad, schools did not open on time.
National standardized test scores of DC students are some of the lowest in the country, and many of the
District’s schools are in non-compliance with No Child Left Behind. Yet because of the building problems,
curriculum development and improvement is now last on the priority list for DC public schools. Whose problem
is it?
Scenario 3
In many American cities , the AIDS crisis continues with a disproportionate number of new infections greatest
among the poor. The African-American community in particular has been hit hard by the AIDS epidemic (41%
of all AIDS cases in the U.S.), with Black women emerging as the highest at risk group. AIDS is the second
leading cause of death for Americans between the ages of 25 and 44. Whose problem is it?
Source: http://www.mba.wfu.edu/futurefocus/winter2001f9.html
Scenario 4
A major earthquake has erupted near Los Angeles, California causing widespread damage. Sections of major
freeways collapsed, parking structures and office buildings collapsed, numerous apartment buildings suffered
irreparable damage, over 1 million people without power and water, with hundreds feared dead or injured.
Whose problem is it?
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Artist: Jeff Danziger
Date: September 6, 2005
Source: http://cartoonbox.slate.com/
1. Describe what’s going on in the political cartoon. (Who? What? When? Where?)
2. Identify any symbols (ex: an elephant to represent the Republican Party) portrayed in the cartoon
and analyze what they represent.
3. What is the artist’s message in the cartoon? What do you think is its purpose?
4. Do you agree or disagree with the cartoonist's message? Explain your answer.
5. What does this cartoon say about federalism and crisis management?
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Federalism “Mini” Quiz Study Guide
1. Be able to define the following terms: federalism, dual federalism (“layer cake”),
cooperative (“marble cake”) federalism, concurrent powers, and reserved powers.
a. Federalism:
b. Dual Federalism:
c. Cooperative (“marble cake”) federalism:
d. Concurrent powers:
e. Reserved powers:
2. What is the “full faith and credit clause?”
3. What is the “necessary and proper clause?”
4. Know the significance/outcome of each of the following Supreme Court cases:
a. McCulloch v. Maryland:
b. Gibbons v. Ogden:
c. Dred Scott v. Sandford:
d. Webster v. Reproductive Services:
e. US v. Morrison:
f. US v. Lopez:
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A Case Study: Terrorist Attacks on September 11
Federalism and Crisis Management
Directions - The awesome and terrible events of September 11, 2001 in New York and Washington elicited a
multitude of responses from the federal, state and local governments. This activity will allow you to get a real
sense of the "marble cake" image of federalism as well as to develop an understanding of the choices that
government leaders have to make. Particularly in crisis situations, the levels of government must sometimes
depend on each other. As a class, we will brainstorm all the tasks the governments at the local, state and federal
levels are facing in the wake of this tragedy, and devise strategies to attack the crisis.
1. The class will be divided into small groups. Each group will represent one level of government: national,
state, and local.
2. We will then divide into "government level" groupings. The original groups, representing the various levels
of government will then merge. At this point, the government level groups will discuss the tasks to be
performed and produce a chart with five headings:
a. Prioritized list of tasks (before, during, and after the attacks)
b. Responsible agencies and organizations
c. Private or non-profit organizations involved or needed
d. Resources required
e. Anticipated problems and recommendations to fix them
3. Presentations: Each government group will present their findings to the rest of the class. Other groups may
ask questions and make comments.
4. Debriefing: After the presentations, the class will discuss the questions below.
a. Identify the tasks that most be shared by all three levels of government. How should coordination
occur to carry out these tasks (i.e. who’s in charge)?
b. Identify the tasks that could/should only be carried out by the local, state or federal governments.
c. What generalizations can you make regarding a domestic terrorist attack and it’s impact on
American federalism?
d. As an “expert” representing your level of government, if you were asked to testify before Congress,
what recommendations would you make to assist in America’s preparedness in the future for a
terrorist attack?
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Government Agencies Responding to a Domestic Terrorist Attack
Federal Government (includes the President, White House Staff, Cabinet Secretaries, Congress, Independent
Agencies)
 Bureau of Alcohol, Tobacco and Firearms and Explosives – Investigates and enforces federal laws and regulations
regarding firearms, explosives and arson.
 Central Intelligence Agency – Obtains and analyzes information about foreign governments, corporations, terrorist
cells and individuals.
 Department of Defense – Coordinates military response and assists FEMA and National Guard after a terrorist attack
for security.
 Department of Health and Human Services - Deploys U.S. Public Health Service Officers to effected areas on
standby for deployment to support medical response.
 Department of Homeland Security – Protects American people from harm and its property from damage, and
manages federal assistance and provides resources to effected areas.
 Department of Labor – provides disaster unemployment assistance and National Emergency Grants and assists in
job recovery programs.
 Department of State – Communicates with other countries and international organizations like the U.N. to
coordinate assistance and foreign cooperation through diplomatic channels.
 Federal Bureau of Investigations – Acts as the federal police force whose primary purpose to detect and investigate
crimes against the United States.
 Federal Emergency Management Agency (FEMA) – Provides supplies, equipment, financial assistance to victims
and Disaster Medical Assistance Teams to areas domestic terrorist attacks.
 National Security Agency – Collects and analyzes message communications.
 Secret Service – Provides primary protection for the President, Vice-President and high ranking government officials.
 U.S. Coast Guard – Provides aircraft, patrol boats and cutters to conduct search, rescue and humanitarian aid
operations.
State Government (includes the Governor, State Legislatures and Agencies)
 National Guard – Though a federal entity, may be called by governors to provide search and rescue, assisting local
law enforcement, and supplies to victims.
 State Department of Health – assists in disease control, and management of public health crisis in effected areas.
 State Emergency Management Agencies – helps to coordinate shelters, supplies, health care, transportation for
recovery efforts.
 State Police – state law enforcement.
Local Government (includes Mayors, Municipal or County Boards or Councils, Agencies)





Local Emergency Services – first responders to medical emergencies.
Local Fire Department – first responders to carry out search and rescue operations.
Local Law Enforcement – police, sheriff departments with primary law enforcement responsibility.
Local Public Transportation (buses, trains, subways) – transportation for possible evacuation.
Social Services – provides assistance to families, individuals in need.
Private or Non-Profit Organizations
 American Red Cross – provides temporary shelter, supplies, relief workers and support to disaster victims.
 The Salvation Army - provides services (food, clothing, etc.) to survivors and first responders in the effected areas.
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A Case Study: Hurricane Katrina and Its Aftermath
Federalism and Crisis Management
Directions - The awesome force and powerful destruction of Hurricane Katrina on August 29, 2005 left much of
the Gulf Coast in ruin and precipitated an almost unprecedented national emergency, particularly in the city of
New Orleans. The events before, during and after the hurricane elicited a multitude of responses from the
federal, state and local governments. This activity will allow you to get a real sense of the "marble cake" image
of federalism as well as to develop an understanding of the choices, sometimes very difficult ones, that
government leaders have to make. Particularly in crisis situations, the levels of government must sometimes
depend on each other. As a class, we will brainstorm all the tasks the governments at the local, state and federal
levels are facing in the wake of this tragedy, and devise strategies to attack the crisis.
5. The class will be divided into small groups. Each group will represent one level of government: national,
state, and local.
6. We will then divide into "government level" groupings. The original groups, representing the various levels
of government will then merge. At this point, the government level groups will discuss the tasks to be
performed and produce a chart with five headings:
f. Prioritized list of tasks (before, during, and after the attacks)
g. Responsible agencies and organizations
h. Private or non-profit organizations involved or needed
i. Resources required
j. Anticipated problems and recommendations to fix them
7. Presentations: Each government group will present their findings to the rest of the class. Other groups may
ask questions and make comments.
8. Debriefing: After the presentations, the class will discuss the questions below.
e. Identify the tasks that most be shared by all three levels of government. How should coordination
occur to carry out these tasks (i.e. who’s in charge)?
f. Identify the tasks that could/should only be carried out by the local, state or federal governments.
g. What generalizations can you make regarding a natural disaster and it’s impact on American
federalism?
h. As an “expert” representing your level of government, if you were asked to testify before Congress,
what recommendations would you make to assist in America’s preparedness in the future for a
natural disaster?
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Government Agencies Responding to a Natural Disaster
Federal Government (includes the President, White House Staff, Cabinet Secretaries, Congress, Independent
Agencies)
 National Hurricane Center – Tracks, names and predicts the likely behavior of tropical storms and hurricanes and
issues appropriate watches and warnings to the public.
 Department of Homeland Security – Manages federal assistance and provides resources to effected areas.\
 Federal Emergency Management Agency (FEMA) – provides supplies, equipment, financial assistance to victims
and Disaster Medical Assistance Teams to areas hit by natural disasters.
 U.S. Coast Guard – provides aircraft, patrol boats and cutters to conduct search, rescue and humanitarian aid
operations.
 U.S. Army Corps of Engineers – Plans, designs, builds and operates dams, levees and other civil engineering
projects.
 Department of Health and Human Services - deploys U.S. Public Health Service Officers to effected areas on
standby for deployment to support medical response.
 Department of Transportation - dispatches trucks deliver millions of meals ready to eat, water and supplies, mobile
homes, generators, etc. to effected areas; assists in long-term repair/rebuilding of roads and other transportation
infrastructures.
 Department of Agriculture - coordinates damage assessments to area crops, livestock, and other agriculture-related
operations.
 Department of Defense - Assists FEMA and National Guard after disaster declarations are issued for assistance in
security, clean-up,
 search and rescue.
 Department of Labor – provides disaster unemployment assistance and National Emergency Grants and assists in
job recovery programs.
State Government (includes the Governor, State Legislatures and Agencies)
 National Guard – though a federal entity, may be called by governors to provide search and rescue, assisting local
law enforcement, and supplies to victims.
 State Department of Health – assists in disease control, and management of public health crisis in effected areas.
 State Emergency Management Agencies – helps to coordinate shelters, supplies, health care, transportation for
recovery efforts.
 State Department of Education – help displaced school children and teachers integrate back into other schools.
 State Police – state law enforcement.
Local Government (includes Mayors, Municipal or County Boards or Councils, Agencies)
 Local Law Enforcement – police, sheriff departments with primary law enforcement responsibility.
 Local Fire Department – first responders to carry out search and rescue operations.
 Local Emergency Services – first responders to medical emergencies.
 Local Public Transportation (buses, trains, subways) – transportation for possible evacuation.
 Social Services – provides assistance to families, individuals in need.
Private or Non-Profit Organizations
 American Red Cross – provides temporary shelter, supplies, relief workers and support to disaster victims.
 The Salvation Army - provides services (food, clothing, etc.) to survivors and first responders in the effected areas.
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