Chapter 6: Federalism:
National, State, and
Local Powers
Grade 7 Civics
*Copy the Venn diagram into your notebook.
*List at least three decisions in each section,
and then answer the questions.
• 1. What types of decisions do your parents
or guardians make for you? What types of
decisions do you make for yourself? What
types of decisions do you make together?
• 2. Why are some decisions shared while
others are not?
• 3. What are the benefits of making
decisions this way? What are the
drawbacks?
• 4. How do you think this system of making
decisions is similar to the way power flows
between national and state governments?
PREVIEW
PREVIEW
• In the Preview, you examined the system of shared decision making in
your family.
• In this lesson, you will learn more about the system of shared powers
between national and state governments. This organization system is
called federalism.
• You will also learn about the roles and responsibilities of different
levels of government.
6.1: Introduction
Page 101
Read Section 1, Introduction, in your books.
• Then respond to these questions:
1. Why did the gray wolf population become a government issue?
2. What were the arguments of the national government?
3. What were the arguments of the state governments?
4. How does power flow through our federal system of government?
6.2: The Establishment
of a Federal System
Pages 102 - 104
• Florida Standards:
• S.S.7.C.3.4
• Identify the relationship and division of powers between the federal government and state
governments.
• S.S.7.C.3.9
• Illustrate the law making process at the local, state, and federal levels.
• SS.7.C.3.14
• Differentiate between local, state, and federal governments’ obligations and services.
• SS.7.C.3.11
• Dealing with levels, functions, and powers of courts will be partially covered (local level) in this
unit, but diagramming (graphic organizer) will done in a later unit entitled, “Courts, Judges,
and the Law”.
• Make sure you complete the Venn diagram in your handout as we go
through the presentation.
The Constitutional Division of Powers
• The U.S. was the first
nation-state founded
with a federal system of
government.
• The U.S. Constitution
divides power between
the national and state
governments.
• These powers are then
divided into three
categories: expressed,
concurrent, and
reserved.
(Venn diagram, page 103)
The Constitutional Division of Powers
• Expressed powers - are powers specifically granted to the national
government by the U.S. Constitution (also known as enumerated or
delegated powers).
• The U.S. Constitution lists only 17 of these specific powers.
• E.g.: coining money and making treaties
• The power to collect taxes is a concurrent power (i.e.: a power shared by
the federal and state governments under the U.S. Constitution).
The Constitutional Division of Powers
• The U.S. Constitution says little about the powers reserved by states
(i.e.: reserved powers - powers kept by the states under the U.S. Constitution).
• It does place some requirements on the states, for example:
• The Full Faith and Credit Clause insists that states recognize, honor, and enforce one
another’s public actions (regulations).
• The Privileges and Immunities Clause says: “states cannot discriminate against residents
of other states.”
• The 10th Amendment states that any powers not specifically delegated to the national
government are reserved to the states, such as:
• Schools
• Regulating business within the state
• Protecting state resources (wildlife, phosphate, water, coastlines)
The Benefits of a Federal System
• There are 4 benefits of a federal system:
1. Federalism protects against tyranny of the majority
• Respects the rights of the minority
• Freedom of choice
2. Federalism promotes unity without imposing uniformity
• Allows for a variety of local preferences (E.g.: states pass the laws that they need)
3. Federalism creates “laboratories” for policy experiments
• Allows states to try a new idea, that if successful, may lead other states to follow
• If the idea fails, only one state loses out (state that conducted the political experiment)
4. Federalism encourages political participation
• Voters can see the direct effect of their political participation by getting involved in the political
process closer to home (E.g.: their neighborhood or county)
The Drawbacks of a Federal System
• The lack of consistency of laws and policies between states (E.g.: each
state has its own different traffic laws. E.g.: credentials for teachers and
other certified careers may be valid in one state but not another)
• The U.S. Constitution does not draw clear lines between national and state
powers (i.e.: who has control over certain issues), such as:
• Wildlife
• Regulating air quality
• Providing health care to those with a low socioeconomic status
• When questions arise over who is in charge, it is often left to the Supreme
Court to draw the line between the state and federal authority.
6.3: The Evolution of
Federalism
Pages 104 - 108
• Florida Standards:
• S.S.7.C.3.4
• Identify the relationship and division of powers between the federal government and state
governments.
• S.S.7.C.3.9
• Illustrate the law making process at the local, state, and federal levels.
• SS.7.C.3.14
• Differentiate between local, state, and federal governments’ obligations and services.
• SS.7.C.3.11
• Dealing with levels, functions, and powers of courts will be partially covered (local level) in this
unit, but diagramming (graphic organizer) will done in a later unit entitled, “Courts, Judges,
and the Law”.
The Evolution of Federalism
• There are approximately 88,000 national, state, and local units of government
in the Unites States.
• Because of this, relations among the different levels of government have
evolved and changed over time.
•Complete the timeline in your handout, and
place each of these terms along it as we go
through the presentation:
• Dual federalism
• Cooperative federalism
• Regulated federalism
• New federalism
• For each term, include:
• 1) The approximate dates that this type of federalism existed.
• 2) A brief explanation of how national and state powers were
defined during each period.
• (Pages 104 – 108)
Dual Federalism: A Layer Cake of Divided Powers
• The framers agreed that the
powers of the national
government were to be “few
and defined” and that the
powers of the states “numerous
and indefinite.”
• From 1790 to 1933, the
national and state governments
maintained a fairly strict
division of powers.
Dual Federalism: A Layer Cake of Divided Powers
• Dual Federalism (layer cake) - The two levels of government (national
and state) are part of a whole, but each has its own responsibilities.
• McCulloch v. Maryland (1819) - Set the supremacy of the national
government over the states.
• Gibbons v. Ogden (1824) - Set the precedent that the national government is
responsible for interstate commerce.
• Interstate Commerce - Trade among states (controlled by national
government).
• Intrastate Commerce - Trade within the borders of a state (controlled
by state).
Cooperative Federalism: A Marble Cake of Mixed Powers
• The Great Depression of the 1930s led to a different conception of
federalism.
• As the Depression deepened, the efforts of state governments to feed
the hungry and revive the economy proved inadequate.
• In desperation, Americans turned to the national government for
help.
• In 1933, President Roosevelt launched legislation called the New
Deal, marking the beginning of new era of shared power among the
national, state, and local governments; working together as allies.
Cooperative Federalism: A Marble Cake of Mixed Powers
• Cooperative Federalism (marble cake)
- A federal system with considerable
sharing between national, state, and
local governments.
• Key ingredient of marble cake
federalism was a mix of grants-in-aid
programs.
• Grants-in-aid - Funds given by the
federal government to state and local
governments for specific programs
(E.g.: aid to unemployed).
Dual v. Cooperative Federalism
Regulated Federalism: More Money with More
Strings Attached
• In the 1960s, President Lyndon Johnson expanded on the New Deal by
creating legislation called the Great Society.
• The Great Society was a set of programs designed to end poverty, eliminate
racial injustice, and improve the environment.
• Like Roosevelt, Johnson gave grants-in-aid to the state and local governments
in order to fund the programs but they came with strict regulations on how
the money was to be spent. This is known as regulated federalism.
• Regulated federalism - A federal system dominated by the national
government; tightly controlled grants and unfunded mandates are key
elements of regulated federalism.
Regulated Federalism: More Money with More
Strings Attached
• These regulations were sometimes
unfunded mandates.
• Unfunded mandates (1960) – a
regulation or policy imposed by the
federal government on state and local
governments without adequate federal
funds to carry out the policy.
• With regulated federalism, the federal
government became much more involved
in state and local affairs.
New Federalism: Returning Power to the States
• The rapid expansion of federal power in the 1960s alarmed the people who
valued state and local control.
• While running for President in 1968, Richard Nixon sought to minimize the
federal government and bring in New Federalism (devolution).
• New Federalism (devolution) – a federal system guided by a policy of
returning power to the state and local governments (i.e.: The national and
state governments shared fewer powers as devolution returned power to the
states).
• New federalism occurred during the 1970s and 1980s during the Nixon and
Reagan administrations.
New Federalism: Returning Power to the States
• Devolution picked up speed in 1994, when
Republicans gained control of Congress for the first
time in 40 years.
• The new Republican majority enacted the Unfunded
Mandates Reform Act (1995).
• Unfunded Mandates Reform Act - was meant to stop
Congress from burdening states with responsibilities
without providing adequate funds.
New Federalism: Returning Power to the States
• A year later, Congress pushed devolution further when it overhauled
the nation’s welfare system.
• In the past, federal officials closely regulated how states gave out
welfare payments to needy families but the Personal Responsibility
and Work Opportunity Reconciliation Act (1996) returned control of
welfare systems to the state governments.
• The federal government provided the necessary funds to the state
governments in the form of block grants.
• Unlike the unfunded mandates, Block Grants are unregulated grants
that leave states free to decide how best to spend the money they
received.
Regulated v. New Federalism
Support for Devolution from the Supreme Court
• In recent years, the Supreme Court has contributed to devolution
with a series of decisions limiting federal power.
• This happened with the Gun-Free School Zones Act of 1990 and the
U.S. v. Lopez decision.
Lopez appealed arguing
that Congress lacked
authority to regulate
guns in a school zone.
The Court struck down
the law as an
unconstitutional
expansion of federal
power.
6.4: State Governments in a
Federal System
Pages 108 - 113
• Florida Standards:
• S.S.7.C.3.4
• Identify the relationship and division of powers between the federal government and state
governments.
• S.S.7.C.3.9
• Illustrate the law making process at the local, state, and federal levels.
• SS.7.C.3.14
• Differentiate between local, state, and federal governments’ obligations and services.
• SS.7.C.3.11
• Dealing with levels, functions, and powers of courts will be partially covered (local level) in this
unit, but diagramming (graphic organizer) will done in a later unit entitled, “Courts, Judges,
and the Law”.
State Constitutions: Long and Much Amended
• Most state constitutions require a quorum to be present for the legislature to
vote on bills.
• Quorum – is a fixed number of people, often a majority, must be present for
an organization to conduct business.
• The purpose of a quorum is to prevent an unrepresentative minority from taking
action in the name of the full organization.
• The U.S. Constitution requires every state constitution to support a
“republican form of government,” but each state can organize its
government as its citizens choose.
State Constitutions: Long and Much Amended
• State constitutions show that both the national and state
governments have power to govern in our federal system.
The national government has limited power and reserves a
good amount of power for the states.
• The U.S. Constitution has approximately 7,400 words.
• The average state constitution has over 36,000 words.
Unlike the U.S.
Constitution, state
constitutions tend to
change frequently.
Today, only 5 states still
have Constitutions
written before 1850.
The state of Florida has
amended its Constitution
over 100 times.
(Page 109)
State Constitutions: Long and Much Amended
• State constitutions are amended in one of two ways:
1. The state Legislature proposes an amendment, which is then passed on to
the citizens (voters) for approval.
• About ¾ of amendments proposed by legislatures win voter approval.
• Or,
2. Citizens can petition for a public vote on a proposed amendment through
the initiative process.
• About ½ of the amendments proposed by citizen initiatives are enacted by voters.
The Role of State Legislatures: Laws, Budgets,
and Redistricting
• Like the U.S. Congress, state legislatures are responsible for enacting
laws, levying taxes and creating budgets.
• In all states, lawmakers are elected by popular vote.
• State lawmakers enact laws on a wide range of issues, for example:
• The creation of state parks
• Establish graduation requirements for high school
• Regulate business activities within the state
• They also pass tax laws and draw up budgets to fund everything from
state prisons to community colleges
The Role of State Legislatures: Laws, Budgets,
and Redistricting
• State lawmakers are responsible for apportionment
(i.e.: the distribution of seats in the U.S. House of
Representatives and in the state legislatures).
• The U.S. Constitution apportions seats in the House of
Representatives to the states based on population.
• Congress does not have the power to say how those seats should
be distributed within a state. That decision is left up to each state.
The Role of State Legislatures: Laws, Budgets,
and Redistricting
• For much of our history, state
legislatures varied in how they
approached apportionment.
• Often, lawmakers tried to draw
boundaries in a manner that benefited
themselves or other members of their
party.
• This is known as gerrymandering,
(i.e.: drawing the legislative district
with the intent of giving one party or
group a significant advantage).
The term gerrymander was created
in 1811 to describe a salamandershaped legislative district in
Massachusetts.
Elbridge Gerry, the governor of
Massachusetts, had created the
oddly shaped district to help
members of his party.
This 1812 cartoon shows the
salamander-like shape of
Massachusetts legislative district
created by governor Elbridge Gerry.
(Page 111)
The Role of State Legislatures: Laws, Budgets,
and Redistricting
• Frustration with the issue of gerrymandering led to a group of
citizens, led by Charles Baker, to sue Tennessee’s Secretary of State in
1959.
• Tennessee hadn’t redrawn its district lines since 1901. During that time, many
rural families had migrated to cities. As a result of the legislature’s inaction,
Baker’s urban district had 10 times the population as some rural districts.
• Baker v. Carr (1961) - Changed precedent, making redistricting (i.e.:
the redrawing of voting districts to reflect population changes), a
state and federal court issue based on the 14th Amendment’s right to
“equal protection under the laws.”
The Role of State Legislatures: Laws, Budgets,
and Redistricting
• Baker v. Carr had far reaching implications as 36 states filed lawsuits
over the issue of redistricting.
• Reynolds v. Sims (1964) - State legislatures across the U.S. were
forced to redraw their legislative districts following the principle of
“one person, one vote.”
• Today, redistricting occurs every ten years after the national census is
published.
• A few states have turned over this task of redrawing district lines
based on census data to an independent commission.
• In most states, however, redistricting is still done by lawmakers.
The Role of State Governors: Managing the
Executive Branch
• In all states, governors are elected by popular vote.
• Almost all serve four-year terms. In many states, they are limited to two
terms.
• The Governor is the head of the Executive branch and has the power to:
•
•
•
•
•
•
•
Help establish the legislature's agenda
Prepare the state budget
Veto bills and budgets approved by the legislature
Appoint state officials
Grant pardons or reduce a criminal’s sentence
Command the state National Guard
Issue executive orders
The Role of State Governors: Managing the
Executive Branch
• An executive order is an order issued to a government agency to
accomplish a specific task or carry out a specific policy.
• (E.g.: create a task force or advisory group to study problems as diverse as
foster care, recycling, juvenile justice, water management, etc.)
• Governors may also serve as ambassadors for their state and play a
major role in promoting its economic development.
The Role of the State Court Systems: Settling
Legal Disputes
• The majority of legal cases in the United States are handled at the
state and local level. Only cases that have a bearing on federal law are
heard in federal courts.
• There are two main kinds of courts in state judicial systems:
1. Trial courts – handle most cases that affect the daily lives of citizens.
2. Appeals courts – handle cases that are appealed, or requested to be
reviewed in order to reverse the decision of a trial court. They look at how
was the law applied to the facts of a case.
The Role of the State Court Systems: Settling
Legal Disputes
• There are two levels of trial courts:
A. Lower level,
1.
2.
municipal courts - deal with traffic tickets, adoptions,
divorces, and minor violations of law; and
small claims courts – settle disputes involving small amounts
of money (usually less than $5,000)
B. Higher level,
1.
trial courts - (also called: superior court, county courts, and
district courts) deal with major criminal cases and lawsuits.
6.5: Local Governments
Pages 114 - 117
Local Governments
• Despite their importance, local
governments are not mentioned
in the U.S. Constitution.
• It is up to each state to establish
local units of government for its
citizens.
• Local governments have the most
effect on citizens’ everyday life.
• Complete this table in your
handout by briefly describing
the organization and purpose
of each local government
system.
• You may use the information found in
this presentation to fill out your table
or pages 114 to 117 in your textbook.
Counties, Parishes, and Boroughs
• The original purpose of counties was to provide government services
to rural residents. These services may include:
•
•
•
•
•
Law enforcement
Courts
Road construction and maintenance
Public assistance to poor
Recording legal documents
• Many counties have expanded to provide health protection, hospitals,
libraries, parks, fire protection, and agricultural aid.
Counties, Parishes, and Boroughs
• County governments were traditionally
headquartered in the county seat, which is often
the most centrally located town in the county.
• County Seat – the town or city in which a county
government is based. (E.g.: County headquarters
in Polk County = BARTOW)
• Most county governments are headed by an
elected board of commissioners or board of
supervisors. Other elected officials typically
include the county sheriff, treasurer, tax assessor,
and judges
• Appointed officials may include the fire marshal
and the county coroner.
Towns and Cities
• The oldest form of city government is a mayor council system.
• Mayor-council system - The voters elect both city council members
and a mayor.
• The mayor is the chief executive of the city.
• The city council is the lawmaking body of the city.
• The purpose is to govern a city. The mayor’s powers vary from city to
city.
• Some cities have strong mayors, others have weak mayors.
• This worked well in the 1800s.
Mayor-Council System
(Page 115)
Towns and Cities
• Due to natural disasters that occurred along the Gulf Coast in the early 1900s, the mayorcouncil system of government was abandoned and replaced with a board of
commissioners (commission system).
• Commission System – a form of city government led by a group of professional
commissioners chosen (by the voters) for their skills and expertise.
Commissioners enact ordinances.
• This system worked well to repair cities like Galveston, TX, which were ruined due to
natural disasters that occurred in the early 1900s.
• The purpose is to govern a city. Commissioners also serve as department heads
to carry out duties.
• One criticism of the system was that it was undemocratic.
• Elections were held where commissioners were still elected based on their skills and
expertise.
Commission System
(Page 115)
Towns and Cities
• In the 1950s and 60s, many cities switched to a third form of local
government known as the council-manager system.
• Council-Manager System - Citizens elect a city council (often led by a
weak mayor), but the day-to-day job of running the city government
is handled by a hired city manager.
• The purpose is to govern a city. This system combines the democratic
rule of a city council with the professional management expertise.
• Today, council-manager system is the most popular form of local
government in the United States
Council-Manager System
(Page 115)
Special-Purpose District
• Some functions of government are so specialized that citizens create
separate units of government to deal with them.
• Special-Purpose Districts - Government entities that may overlap
geographic boundaries of cities and counties, but they operate
independently from those other local units of government.
• These districts may have their own elected leaders and taxing
authority.
• They usually carry out one specialized function, such as providing fire
protection, running a hospital, or providing education.
Special-Purpose District
(Page 116)
The Challenges Facing Local Governments
• Local governments are more closely watched by citizens because they
affect their everyday lives.
• Most local governments depend on citizens who are willing to
volunteer their time.
• Most government positions pay little to nothing.
• Finding volunteers can be difficult.