Federalism

A.P. Government

Unit I

Lecture 4

Objective:

What is Federalism?

Government in the U.S.

Federal Government 1 States 50 Counties 3,034 Municipalities 19,429 Townships or Towns 16,504 School Districts 13,506 Special Districts 35,052

(i.e., Water, Parks, etc.) TOTAL 87,576

What is Federalism?

Federation: Authority is divided between the central and state or local

governments. (US, Canada, Germany)

Confederation: Authority held by independent states and delegated to the

central government. (US under Articles)

Unitary System: Authority is centralized with state and local governments

administering authority delegated from the central government. (France, UK, Japan)

Federal & State Powers in the U.S. FEDERAL:

Exclusive Powers (war, money, treaties,

etc.) Regulation of Interstate

Commerce Power to Tax and Spend

(to promote general welfare)

Elastic Clause Federal Supremacy

STATE: Create state and local

governments Conduct elections Regulate commerce

within state Protect public health,

safety, morals All powers not delegated

to federal government or denied to states (10thAmendment)

Concurrent Powers and Interstate Relations CONCURRENT:

Levy Taxes; Borrow and Spend Money

Charter Banks and Corporations

Pass and Enforce Laws (Policing and Courts)

Take Property (Eminent Domain)

INTERSTATE RELATIONS: Full Faith and Credit

Clause Privileges and Immunities Extradition Settlement of Disputes

Federalism In Practice

Dual Federalism (early 1800s-1930s) McCulloch v. Maryland (1819) Dred Scott v. Sandford (1857) Plessy v. Ferguson (1890)

Shared (“cooperative”) Federalism (1930s-1970s) New Deal (1930s) and Great Society (1960s) Nationalization of public policy

“New Federalism” (1970s-Present) U.S. v Lopez (1995)

Federal Gun Act deemed unconstitutional