Today
• Constitution Guides
• Fill in Articles 1-7
• Notes on Chapter 3
• Unit Exam will be upcoming Monday over chapters 1-3
• Work on reading and study guides over Chapter 3
Federalism
3
Video: The Basics
3
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED
IA_1/polisci/presidency/Seg2_Federalism_v2.html
Defining Federalism
3.1
 What is Federalism? Federalism is a way of organizing a nation so
that two or more levels of government have formal authority over the
same area and people.
Unitary system
 Power given to central government
Confederation
 Weak national government and power given to states
 No country uses a confederate system of government, in which almost
all power resides with the states and the central government is weak.
The U.S. tried that under the Articles of Confederation and it did not
work well at all.
Intergovernmental relations Relationship between states and
federal government become important in a federal system because
of the communication necessary to share power.
Authority relations in three systems of
government
3.1
Constitutional Basis of
Federalism
 Division of Power
 National Supremacy
 States’ Obligations to Each Other
3.2
Division of Power
 States retained many powers
 Organize local governments and elections
 Ratify Constitutional amendments
 Equal representation in Senate
3.2
Some Powers Denied States by the
Constitution
3.2
Division of Power
Federal obligations to states
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Cannot divide states
Cannot tax interstate exports
Protect states against invasion
Overlapping responsibilities
3.2
National Supremacy
Which level should do what?
 Debates over areas of policy responsibility
 Supremacy clause-Located in Article IV
Asserts federal power over the states
3.2
Historical Events and Federalism
• The Civil War was a defining moment in establishing national sovereignty
over the states.
• A century later, the federal government again prevailed against the states by
forcing integration in schools and other public accommodations, and ending
legal discrimination in jobs, housing, and voting over the strong objections
of the states.
• The Tenth Amendment states that 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.” States’ rights advocates maintain
that this amendment gives the national government only those powers
specifically assigned it and that the states have supreme power. The Court
has not upheld this view.
• The Eleventh Amendment gives states immunity against lawsuits by
individuals, but this immunity does not extend to suits by the federal
government, other states, or state agencies.
•
Wallace and segregation
3.2
Today
• Finish notes on federalism.
• Look at federalism cases
• Read article on devolution
• Unit 1 Test next class.
National Supremacy
3.2
 Implied Powers

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McCulloch v. Maryland (1819)
Enumerated powers-powers specifically expressed or written in
the Constitution. Congress power to tax, regulate trade.
Elastic clause-Necessary and Proper Clause gives Congress the
power to exercise implied powers as long as it does so in terms
that are consistent with the Constitution.
The case of McCulloch v. Maryland illustrates the power of the
elastic clause……
https://www.youtube.com/watch?v=TYxtCTIQNb4
Supremacy Clause and
Immigration
3.2
National Supremacy
3.2
 Commerce power
 Gibbons v. Ogden (1824) Draw a ship.
https://www.youtube.com/watch?v=kKUpRFAi4vA
Congress can make any law or act as long as it regulates
interstate and international commerce. It includes any product
bought or sold in the US, imported or exported.
 Promote economic development-subsidies and services to
businesses.
 Regulate economic activity-safer working conditions.
 Expansion then retraction-Implied powers of Commerce must
be proven to address economic activity. Cannot regulate local
commerce activity or require state policing for federal laws.
States’ Obligations to Each
Other
3.2
 Full faith and credit
•The Constitution requires that states give full faith and credit to the public acts,
records, and civil judicial proceedings of every other state. In practical terms,
this means that if you are married or divorced in one state, you are married or
divorced in all states. A moment’s reflection will make it clear that this clause is
essential to the functioning of the economy and society.
•Because of the full faith and credit clause of the Constitution, marriage
certificates issued by one state are valid in every state. People are also entitled
to most of the benefits—and subject to most of the obligations—of citizenship
in any state they visit, thanks to the privileges and immunities clause.
States’ Obligations to Each
Other
3.2
 Extradition- states are required to return a person charged
with a crime to state for trial or imprisonment
 Privileges and immunities- no discrimination against
citizens of another state.
 Exceptions: Higher tuition rates, higher taxes on hotels,
voting.
3.2 Which clause of the Constitution
requires states to honor contracts
signed in other states?
a. Privileges and immunities
b. Full faith and credit
c. Necessary and proper
d. Commerce
3.2
Intergovernmental Relations
 From Dual to Cooperative Federalism
 Devolution?
 Fiscal Federalism
3.3
From Dual to Cooperative
Federalism
3.3
 Dual federalism-layer cake
 Separate spheres of authority
Ex federal gov handles military policy, States handle law
enforcement and road building.
 Layer cake-layers are distinct.
 Interpret federal power narrowly
 Cooperative federalism-marble cake
 Shared costs-states can receive money for sewage plants
if they pay part of the bill.
 Federal guidelines-federal grants have strings attached.
 Shared administration-job training money given by
feds, states determine usage.
Devolution?
3.3
 Party divide on federalism
 Democrats favor national government
 Republicans favor states
 Devolution since Reagan
 Loosening federal regulations-state’s rights
 1994 Congress under Clinton left more regulating to the
states. Gave states back regulating power like speed limits.
 Harnessing federal government power-Congress found they
had more control over policy agenda if they restricted state
power. NCLB
Fiscal Federalism
3.3
 The Grant System: Federal Grants in Aid
 Categorical grants
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Specific purpose
Crossover sanctions-highways and drinking laws
Crosscutting requirements-no discrimination lose funds
Project grants-University grants for Science
Formula grants-per capita basis ; medicaid
 Block grants
 States are given fed money and discretion on how to
spend.
Problems-Fed requirements that states can’t afford….
No Child Left Behind Act
3.3
3.3 Which of the following gives
states more discretion in using
federal funds?
a. Categorical grant
b. Formula grant
c. Block grant
d. Mandate
3.3
3.4 Which of the following is a result
of federalism?
a. Diversity of policies in states
b. States can be policy innovators
c. States can spend less on education
d. All of the above
3.4
3.4 Which of the following is a result
of federalism?
a. Diversity of policies in states
b. States can be policy innovators
c. States can spend less on education
d. All of the above
3.4
Understanding Federalism
3.5
 Federalism and Democracy
 Federalism and the Scope of the National
Government
FIGURE 3.2: State and local spending on
public education
3.5
Federalism and Democracy
 Contributions to democracy

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Decentralizes politics
Disputes resolved at lower levels of govt.
Majorities can be heard at state level
More opportunities for participation
Losing elections less painful
 Detriments to democracy
 Electoral College
 Thwarting national majorities
3.5
Number of governments in America
3.5
Unit Test Review
• Review all study guides
• Take practice quizzes.
• Come in today after school to go over quizzes.
• Responsible for knowing basic article structure of the
Constitution.
• Know basic vocab for chapter 1
• Know historical events, documents and especially what went
down at the Constitutional Convention
• Types of federalism; types of grants.