Federalism Review Tips
Remember to distinguish between f ederalism
(division of governments among different geographic levels) and separation of powers
(the division and sharing of powers among the three branches of any one geographic level of government). The distinctions among unitary governments, confederations, and federal governments
should be stressed in order to place the choice the framers made into context. Federalism is not the only way for a system of government to be organized.
Using federalism was one way for the framers to establish another constraint on the powers of the national government. But in some ways the framers were merely accepting the reality that the states existed and had the loyalty of a good part of the public. While the system does serve to constrain the national government, it also has served as a barrier to those who want rights and liberties protected from state government, such as
African Americans and women (a Civil War was fought over this, and women had received the right to vote in many western states as early as the 1880s).
Due to federalism, practically every governmental program now involves several layers of government working (and fighting) together in planning, funding, implementing, and evaluating.
The constitutional basis of federalism must be emphasized, with clear definitions of the supremacy clause, expressed powers, implied powers, concurrent powers, etc. The role of the U.S. Supreme Court in defining those terms and in establishing national supremacy also must be stressed. Don’t slight, however, the political and economic sides to federalism:
+the large number, size, and kinds of federal grant programs
+the changes in the grants system occurring in the Reagan, Bush, and Clinton administrations
+the expansion of federal regulation of state and local governments
+the expansion, and then contraction, of federal funding of local services
+the arguments over money and forms of grants, and the arguments over who will have the power to shape local services.
+the realities of "new federalism" as states grapple with budget constraints as they take on more responsibilities from federal mandates.
If the abstract and the practical, the ambiguities and the constants, the historical evolution and the daily operation of public programs are brought out, then students can relate federalism more to their own lives and to what they are exposed to every day in the news media.
Chapter 3--Terms you need to know and understand: devolution revolution federalism unitary system confederation express powers implied powers
"necessary & proper" inherent powers commerce clause federal mandate concurrent powers
"full faith & credit" extradition interstate compact national supremacy preemption centralists decentralists revenue sharing
Chapter 3--Concepts you need to understand:
1. Explain the constitutional basis of federalism, and the relationship it creates between national and state governments.
2. Define and explain the various interpretations of federalism, such as dual, cooperative, marble cake, competitive, permissive, and “New Federalism.”
3. Identify and describe the alternatives to federalism.
4. List advantages of federalism to the needs of a heterogeneous (different groups of) people.

5. Examine powers of the national government, powers reserved for the states, and concurrent powers shared by the national and state governments.
6. Identify limits and obligations on both national and state powers.
7. Identify and describe the constitutional provisions establishing horizontal federalism.
8. Discuss the changing role of federal courts in national-state relations, especially following McCulloch v.
Maryland.
9. Describe the expanding role of the federal courts in reviewing state and local government activities through the Fourteenth Amendment, Section 1983 suits, federal mandates, and federal preemption.
10. Explain the historical growth in national governmental powers relative to the states, including the debate between the centralists and decentralists.
11. Identify and describe four types of federal grants, and state the goals of federal grants.
12. Examine the politics of federal grants, including how the battle over the appropriate level of government to control the funds tends to be cyclical.
13. Analyze the impact of federal mandates on state and local government.
14. Identify and describe the new techniques of federal control, such as direct orders, cross-cutting requirements, cross-over sanctions, total preemption, and partial preemption.
15. Examine the reasons for the growth of big government and give reasons why Congress is pressured to reduce national programs.
16. Discuss why federalism has grown increasingly complicated, with changing political power distribution, and the reemergence of the theory of the powers of states.