1. Federalism
Unit #1 Chapter 3 (p.p. 66-94)
LEQ: Was the growth of the national government at the expense of
the states?
2. Defining Federalism
• Federalism (68)
• Unitary Government (68)
• States receive power from Constitution,
not national government
• Confederation
3. Why is Federalism so important?
• Decentralizes our politics, i.e. electoral systems
(states), layers of government, powerful judicial
branch
• States are (still powerful) responsible for most
public policy, Constitution does not give national
government power to deal with most social, family
and moral issues
5. The Basics
• Why did Federalism work for early
Americans?
• central government would not work
alone
• great distances between states and
primitive transportation and
communication devices in place
6. The Division of Power
• Table 3.2 (72)
• According to Constitution, how are states
still a vital aspect of government?
• In a dispute between state and national
government, who prevails?
• Tenth Amendment (73)
• 1985 Garcia v San Antonio Metro
7. Why has the Federal Government gained
power relative to the states? (1/4)
• Elaboration of Implied Powers
• McCulloch v Maryland (74)
• as long as national government follows constitution, national policies take
precedence over state policies
• Implied powers (74) go beyond enumerated powers (74)
• “make all laws necessary and proper for carrying into execution...”
• Necessary and proper clause/elastic clause (75)
• as long as Congress uses national power for economic development
through subsidies for business interests
8. Why has the Federal Government gained
power relative to the states? (2/4)
• Commerce Clause
• Gibbons v Ogden (75)
• Supreme Court broadly interpreted Article I section VIII, giving
Congress power to regulate interstate
• One of national government strongest sources of power
• Supreme Court wants to limit (Congress’) commerce power:
• US v Lopez- guns in a school zone, State v Morrison- ’94 Violence
Against Women Act, Printz v US & Mack v US- Brady Handgun
Prevention Act
9. Why has the Federal Government gained
power relative to the states? (3/4)
Civil War
10. Why has the Federal Government gained
power relative to the states? (4/4)
• Racial Equality
• Brown v Board of Ed
11. Why has the Federal Government gained
power relative to the states?
National government is strong within its sphere, but the
sphere for the sates remains a large and important one.
12. Intergovernmental Relations
• Duel Federalism (78)
• Cooperative Federalism (78)
• e.g. National Defense Education Act, federal aid to highways/schools
• Table 3.3
• What are the procedures of cooperative federalism?
• Trend: Reagan & ’90’s Republican Congress push closer to duel
federalism, e.g. deficit reduction, states more say in social/
environmental welfare
14. Grant System
• Catalogue of Federal Domestic Assistance (83)
• Categorical Grants (83)
• direct orders are rare, exception discrimination/Equal Opportunity Act
• Federal regulation accomplished indirectly, give states conditions
• Project Grant (84)
• Formula Grant (84)
• Block Grant (84)
16. Mandates
• Mandates (85)
• Problems? e.g. ’90 Americans with
Disabilities Act or ’70 Clean Air Act
• How did Congress fix this problem?
17. Federalism and Democracy
• Advantages for democracy in the
federalism system:
• policy making at state/local level
• increases access to government: more
opportunities to vote/run
• diversity of opinion respected
• one party doesn’t dominate everything
18. Federalism and Democracy (cont’d)
• Disadvantages for democracy
• Quality of education differs
• It may not pay to have a good welfare system
• Sheer number of governments makes it hard to
manage
• local interests are able to thwart national majority
19. Federalism & Scope of Government
• Our founders: government got involved in
industrializing the country
• Protection against monopolies
• Urbanization: union, minimum wage, education,
housing, welfare all turn to national government
• Why do people turn to national government
instead of the state for curtain problems?
20. LEQ: Was the growth of the
national government at the
expense of the states?