• System of rule where power is divided and shared among federal and state governments• Federal Gov has some powers only to itself• State Govs have some powers only to themselves• Federal gov and state govs share some powers

FederalGov

A Federal System

•Divides power between the national and lower-level governments•Each level of government has distinct powers that the other levels cannot override •Examples: Australia, Brazil, Canada, Germany, India, Mexico, and the United States

Federalism – Advantages/Disadvantages• Combines strong states

with a central government strong enough to maintain order• Accommodates the large

geographical size of the country• Allows state governments

to train national politicians and test new ideas• Allows for many political

subcultures

•May let state interests block national plans•May perpetuate inequalities across states•May fuel overactive federal expansion

Inherent Powers=-powers derive from fact that US is sovereign nation and so national govt must be the only one the deals with other nations

-Also thought of as those powers that Congress & President need to get the job done right

1. create and collect taxes, duties, imposts and excises2. pay debts3. provide defense and general welfare4. borrow money5. regulate commerce6. create rules for naturalization…7. create rules for bankruptcies8. coin money9. establish post offices10. post roads11. granting patents and copyrights12. DECLARE WAR13. TO RAISE AND SUPPORT ARMIES14. TO PROVIDE AND MAINTAIN A NAVY15. to call militias (national guard) to uphold the Constitution16. use the national guard to suppress insurrections and invasions17. To make all Laws which shall be necessary and proper for carrying into Execution the

foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof

17. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof

1. create and collect taxes, duties, imposts and excises

2. pay debts3. provide defense and general welfare4. borrow money5. regulate commerce6. create rules for naturalization…7. create rules for bankruptcies8. coin money9. establish post offices10.post roads11.granting patents and copyrights12.declare war13.to raise and support armies $$$14.to provide and maintain a navy15.to call militias (national guard) to uphold

the Constitution16.use the national guard to suppress

insurrections and invasions

• How have each of the following been used to expand federal power: pwr to tax & spend, NP clause & commerce clause:• How have each increased

pwr of fed govt relative to the states?• American with Disabilities

Act• Civil Rights Act of 1964 and• Clean Air Act• Is it or to have this in

the Constitution? Why?

How to answer?• Tax and spend pwr

• Who can exercise the pwr?• Response must describe both the pwr to tax and the pwr to spend

• NP Clause• Who can exercise this pwr?• Response must include what the pwr is

• Commerce clause• Who can exercise this pwr?• Response must include what the pwr is

• For each law: include at least one provision of the law and explain how the provision increased the federal pwr over the states

To make and run post offices?

• To talk to foreign leaders or establish foreign policy?

To provide for and supervise schools?

Who has the Power…

to coin money?

…to tax?

To build and maintain roads?

Concurrent and Prohibited Powers– Concurrent powers: those, like the power to

tax, held by both national and state governments They are mostly implied rather than

enumerated A state’s ability to exercise them is generally

limited to that state’s geographic area– Prohibited powers: those denied to the

national government, the states, or both Examples: national government cannot tax

exports, state governments are prohibited from coining money

• Section 9…Powers denied to Congress• Habeas Corpus shall not be

suspended unless in cases of Rebellion or Invasion and the public safety is in question• no ex post facto Law shall be

passed• no title of nobility will be

granted by the USA

• Section 10…Powers Denied to states• Fixes articles of confed.• First paragraph protections

national powers from state incursions (ie No coining money)• Paragraph 2 – States may

not interfere with international trade of US

• Section 1• Each state required to recognize

the laws and records of other states and to enforce rights in its own courts that would be enforced in other state courts. Give full faith and credit to every other state’s laws. = FF& C Clause

• Section 2• Extradition between states• Extend to every other state’s

citizens the privileges and immunities of its own citizens

SUPREMACY CLAUSE: This Constitution, and the laws in it, will be the Supreme law of the land, and states must follow these laws, even if other parts of Constitution or States laws are contrary to it

Horizontal Check

Vertical Checks

• Federalism can be seen as an additional way to prevent government from growing too strong•Mechanisms like 10th Amendment and reserved powers serve as check on national govt

• History of Federalism can be seen through the Marshall Court, Civil War, New Deal, civil rights and federal grant making

FederalGov

Defining Constitutional Powers – The Early Years• McCulloch v. Maryland (1819)• Gibbons v. Ogden (1824)

• The 2nd BUS was created, and BUS branches spread out throughout the USA (like today)

• States & state banks felt threatened by these new national banks

• Maryland tried to tax any non-Maryland bank…• James McCulloch was the manager of the Baltimore branch

of the 2nd BUS• He refused to pay the tax

• Congress had the power to create the 2nd BUS and have branches…NP Clause

• States have the power of taxation, but not of the Federal Government…(relies on Supremacy Clause)

• So who wins…• McCulloch• Federal Government!!!

Gibbons v. Ogden• Issues? What were they?• Holdings? What did Marshall say?

• Commerce=includes all commercial interaction & business dealings (broadens definition)• Congress could regulate commerce

within a state, unless exclusively intrastate• Pwr to regulate commerce

exclusive pwr, NOT concurrent

• Significance?

States’ Rights and the Resort to Civil War

•The Shift Back to States’ Rights•Jacksonian era (1829-1837)•Regulation of commerce major issue•1861: Confederate States of America form

Civil War

States Rights!!

Result? Increase in

fed pwr

• Doctrine that emphasizes a distinction btwn federal and state spheres of authority• Federal govt top layer of cake,

state govt bottom layer• Constitutional basis?• 10th Amendment

Cooperative Federalism• What is it?

• State and fed govt cooperate in solving problems

• Great Depression – • Hoover’s approach?• Roosevelt’s approach and the New Deal?• What did the New Deal provide? Why/how

was this a change?• Shifted federalism toward nationalism by

regulating and financing state action and programs

• How did SC respond? • Johnson’s war on poverty – another

example shifting fed toward nationalism

Implementing Cooperative Federalism

•Block Grants• Fed programs that provide funds to states or local govts for

general areas. •Categorical Grants• Fed grants to states or local govt for specific programs or

projects• Federal Mandates•Requirements in federal legislation that force states to

comply with certain rules• Unfunded vs. Funded -- problems with unfunded?

Implementing Cooperative Federalism

• Federal Mandates•Requirements in federal legislation that force states to

comply with certain rules• Unfunded vs. Funded -- problems with unfunded? • Federal policies are attached to mandates that states may

have to fund entirely• States are forced to administer policies to which they might

object• States often have no choice but to accept rules the mandates

impose• They reduce state authority

• How can cooperative federalism cause issues?• Think back to debate at Con Convention with AOC and

Constitution. Do the tensions between decentralized and centralized power continue to exist? Is it the same fight?

FederalGov

“New Federalism”• Devolution of pwr:• Transfer of pwr from national govt

to state or local govt

• Nixon’s New Federalism-• Categorical grants to block grants-

how did this increase power of states?

• How do grants reflect cooperative federalism?

• How do grants & mandates increase pwr of fed govt?

• How do block grants give more pwr back to states?(devolution)

The Politics of Federalism•Federalism in the Twenty-First Century•Welfare reform•Education reform•Affordable Care Act

Federalism and the Supreme Court Today•Reining In the Commerce Power•United States v. Lopez•United States v. Morrison•Affordable Care Act

Federalism and the Supreme Court Today• State Sovereignty and the Eleventh Amendment• The Tenth Amendment Issues• Other Federalism Cases• Supreme Court not consistent in support of states’ rights• Legalization of marijuana, right to life issues, immigration

Federalism & SC

• Plays big role in determining state v. fed power• Marshall Court approach? Who won – state or fed? Examples? The

Supreme Court interpreted Congress’ powers under the __________ broadly which resulted in an increase in fed powers• SC since 1990 – gradually tailoring national government’s powers

under the commerce clause. Court also given increased emphasis to state powers under the ____________ and _______ Amendments. • Point?? Has sent mixed messages, at time seems to favor states rights

at times federal pwr

United States v. Lopez• Gun-Free School Zones Act-

banned possession of guns within 1000 feet of any school• SC held unconstitutional bc

attempted to regulate an area that had “nothing to do with commerce or any sort of economic enterprise”• SC limited Congress’ pwr under

commerce clause

United States v. MorrisonViolence Against Women Act 1994-provided a federal remedy for gender-motivated violence like rapeCourt said aggregate effect on interstate commerce is not enough to justify national regulation of noneconomic, violent criminal activity

Affordable Care Act (Obama Care) Requires individuals to have health insurance through an employer or by purchasing it, if they don’t they are finedGovt argued constitutional under its pwr to regulate commerceSC found constitutional, but under pwrs to tax

State Sovereignty & the 11th Amendment 11th Amendment ? • One state cant be sued in federal court by a citizen of a different state,

or by a foreigner, without consent!• Interpreted more broadly • States enjoy immunity from being sued for violations of federal laws, unless the

states consent to be sued

State Sovereignty under the 10th Amendment • 10th Amendment says?• NY v. United States – requirements

imposed on NJ under a federal law regulating radioactive waste was unconstitutional and inconsistent with 10th Amendment• Printz v. US – Court struck down

provisions of the federal Brady Handgun Violence Protection Act that required state employees to perform background checks on handgun purchasers