Federalism
A system of government in which a written constitution divides power between a central government
and regional/sub – divisional governments. Both Governments:
1. Act directly upon the people through their officials and laws.
2. Are supreme within their proper sphere of authority. (Note the obvious potential for
conflict !)
Q. Why is it erroneous to refer to the central government in Washington as the exclusive federal power?
The basis of Federalism lies within the 10th Amendment which states:
“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.”
Over our countries history federalism has taken different forms including:
Co-operative federalism
Dual federalism
Creative or Horizontal federalism
Vertical Federalism
Picket-fence federalism
Stages:
1790’s
Marshal Court
Dual Federalism
New Deal
Cooperative
New Federalism
With your partner you are going to create a short (max 5 minute) power point presentation which
summarizes federalism during your assigned period. In addition to summarizing the trend in Federalism,
presentations should use 2 Supreme Court decisions or acts of legislation to support your findings. Each
group must complete 1 Supreme Court case brief. See the example below.
THE CONSTITUTION AND FEDERALISM – Our government is rooted in our Constitution, a document that
gives our government its shape and specifies its power. As such, the Constitution outlines powers
reserved for the Federal Government, the State, and those Concurrent powers. The language can be
confusing, so I want you to put the following in your own words.
Reserved Powers:
Article 1 Section 8
Necessary and Proper Clause
16th and 17th Amendment
Article VI
State Powers:
10th Amendment
Article IV
Concurrent Powers:
Article IV
Article 1 Section 10 Clause 3