FEDERALISM
In this powerpoint, we will cover The Roots of the Federal System; The Powers of Government in the Federal
System; The Evolution and Development of Federalism; Federalism and the Supreme Court.
The Roots of the Federal System
The _____________worked to create a political system that was halfway between the failed confederation of the
Articles of Confederation and the tyrannical ___________ system of Great Britain. The three major arguments for
federalism are the prevention of _________; the provision for _________in politics; and the use of the states as
___________________for new policies and programs.
Federalism Defined: Federalism is a political system in which power is _______ and shared between the
national/central government and the _______(regional units) in order to limit the power of government.
The distribution of powers in the federal system consists of several parts: ________powers; shared powers
(____________ powers); __________powers; ______________ powers (Article I, sec.8); and ______________
powers (elastic clause)
Article I, Section 8 This article defines the three types of power held by the federal government.
____________Powers: Those specifically mentioned in the Constitution, the enumerated powers of the central
government include the power to lay and collect ______; provide for the national _________ and make regulations
for the military; regulate ____________ with foreign nations, among the states, and with ______ tribes; ____
money and regulate the value thereof; declare war; establish ____ offices; issue copyrights and patents. The
powers of each branch of government are defined. For example, expressed powers of the Legislative Branch are
found in ___________________.
_____________ Powers: The central government may make all laws which shall be ________________ for carrying
into execution the enumerated powers. The necessary and proper clause has often been used to expand the
powers of the national government (____________ clause). This clause allows Congress to make any law necessary
and proper to exercise its powers.
_____________Powers: Powers naturally belonging to the federal governments of sovereign countries.
State Powers: Most State Powers come from the _____________Amendment that says: "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." These are often referred to as Reserve or police powers (affecting health, safety, and morals).
__________________ powers such as the right to tax, borrow money, establish _______, and make and enforce
laws are powers states share with national government.
__________________ Powers
Article I, section ____ lays out powers denied to the central government. For example: give preference to ports of
one state over another
Article I, section ____ lays out the powers denied to the states. For example: enter into treaties, alliances, or
confederations
____________________ laws (laws making an action illegal and enforced AFTER the action has taken place) are
denied to both the federal and the state
Relations among the States
The Framers wanted a single country, not _________ squabbling semi-countries. Article IV requires states to give
“full ________ and ________” to each others’ laws and legal proceedings. States are also required to extradite
criminals if asked by another state. States recognize drivers’ and marriage licenses, custody rulings, etc. The
constitution specifies that state’s citizens are entitled to the ____________ and immunities of citizens in other
states.
The Evolution and Development of Federalism
The _______________________ of powers in our federal system has changed dramatically over the years. The
Supreme Court in its role as interpreter of constitution has been a major player in the redefinition of our Federal
system. _____________v. Maryland (1819); Gibbons v. Ogden (1824); ___________ v. Sandford (1857); McCulloch
v. Maryland (1819) McCulloch was the first major decision by the Supreme Court under Chief Justice John Marshall
about the ______________ between the states and the national government. The Court upheld the _________ of
the national government to establish a national bank and ________ the right of a state to tax the bank. “The power
to tax is the power to _________.” The Court’s broad interpretation of the necessary and proper clause paved the
way for later rulings _______________ expansive federal powers.
___________ v. Ogden (1824) The Gibbons case centered on the conflict between the states and the powers of
Congress. Could New York grant a ______________ concession on the navigation of the Hudson River? The Hudson
River forms part of the border between New York and New Jersey and the U.S. Congress also licensed a ship to sail
the Hudson. The main constitutional question in Gibbons was about the _________ of Congress' authority under
the ___________ Clause (Article I, sec. 8: “to ____________ commerce with foreign nations, and among the
several states, and with the Indian tribes”). In Gibbons, the Court upheld broad ________________ power over
interstate commerce.
Dred Scott v. Sandford (1857) The Supreme Court articulated the idea of dual federalism in which separate but
equally powerful levels of government is preferable, and the national government should not exceed its
__________________ powers. The Taney Court held that Mr. Scott was not a U.S. citizen and therefore not entitled
to sue in federal court. The case was dismissed and Scott remained a __________. Chief Justice Roger Taney
further wrote that Congress had no power to ___________ slavery in the territories and slaves were private
property protected by the Constitution. MO Compromise was ____________________.
The Civil War and Beyond
Dual ________________ remained the Supreme Court's framework for federalism and the prevailing notion in the
Reconstruction and Progressive Eras. Dual federalism finally ended in the 1930s, when the crisis of the Great
Depression demanded powerful actions from the national government.
____________________ Federalism
1930’s-50’s
Prior to the 1930s, many scholars used the analogy of a layer cake to describe federalism. Each layer had clearly
defined powers and responsibilities. By the New Deal, the analogy of a _____________________seemed more
appropriate because the lines of authority were much more mixed. National government becomes major player in
_______________ policy. There is major shift in money from federal government to state/local governments.
Marble cake federalism is often called ________________federalism and has a much more powerful national
government. States have a cooperative role, as did cities. ___________________monies flooded states for public
works projects, work programs, relief agencies (alpabetocracy).
Federal Grant-in-Aid Outlays, 1940-2005 Federal ______________that offer money or other resources to pay for
state or local activities
Creative (Regulated) Federalism 1960’s-70’s
Increase in _______________Grants: allocation of federal money to the states for a specific purpose (e.g., poverty
programs, welfare, environment). Federal leadership saw these grants as a way to _____________individual states
to behave in ways desired by the national government. If the states refused to cooperate with the federal
government, it would ____________________funds (e.g., interstate highway funds & speed limit)
New Federalism:_____________________ Revolution
1980’s-90’s
Drastic cuts in federal __________________programs and income taxes in an attempt to reestablish the primacy of
the states. For the first time in thirty years, federal aid to state and local governments_______________. His idea
was that federal government had gotten too______. States should have more responsibility and_______________.
Issues during 1980’s-90’s
Revenue sharing & matching funds; __________grants: monies allocated to states for broad purpose, such as
education or poverty, with few regulations on administering funds; Unfunded mandates: laws that direct states &
localities to _________with federal regulations, e.g., clean air laws & public access for disabled; State budgetary
constraints: recession, constitutional requirement for balanced budget; Intergovernmental lobby groups: NGA,
USCM
The __________________Revolution
Devolution = delegation of power & responsibility
_____________Era reaction to growth in power of the national government due to Republican majority in both
houses of Congress. President Clinton: responsibility to administer federal programs as chief executive
Goal: roll back scope of federal government and give back of _________ to the states
_____________ with America: shift responsibilities to states; Unfunded ______________Reform Act of 1995
Gore’s Presidential Task Force on Reinventing Government - traditional _______________issue
Federalism and the Supreme Court
Poll after poll showed that ______________began to think that the national government was too big, too strong,
and too distant to understand their concerns. Under Supreme Court Justice William Rehnquist, U.S.
________________,once again, played a role in interpreting this new form of__________. Cases involving abortion,
gun control, environment, use of commerce clause, right to sue.
________________ Court
Reinterpreting Federalism
Generally handing back power to the states; Majority pro-states’ rights; 5-4 decisions; Webster v. Reproductive
Health Services (1989) and Casey v. Planned Parenthood (1992): states can _____________abortion laws; U.S. v.
Lopez (1995): federal law cannot regulate guns within 1000 of a school BUT
______________________ (2000): upheld deadline for selection of electors; struck down FL SC
Summary – Key Points to Remember
Federalism is an important concept of the American system of government meant to _____________the power of
the ________________________________government.
The notion of Federalism has changed drastically since the ______________in the 1930’s.
In the 1960’s and 1970’s the scope of federal ___________________ policies and programs increased steadily.
In the 1980’s Reagan began a __________________of federal funding for programs and funding to states.
In the mid-1990’s Republican Congress promised to reduce the ____________________of the national government
and “return ___________________to the states.”