Federalism Slide 2 Federalism Section 1: Dividing Government
PowerDividing Government Power Section 2: American Federalism:
Conflict and ChangeAmerican Federalism: Conflict and Change Section
3: Federalism TodayFederalism Today Chapter 4: Federalism Slide 3
Federalism Section 1 at a Glance Dividing Government Power After
much debate, the Framers designed a federal system that they hoped
would strengthen the national government and protect states rights.
The Constitution divides power between two levels of government:
national and state governments. The Constitution delegates certain
powers to the national government. Slide 4 Federalism Section 1 at
a Glance (contd.) Dividing Government Power (contd.) The powers
granted to state governments are called reserved powers. Concurrent
powers may be exercised by the national and state governments.
States must give full faith and credit to the laws of other states.
Slide 5 Federalism Main Idea The Framers of the Constitution
established a federal system that divides powers and responsibility
between the national and state governments. Dividing Government
Power Reading Focus Why did the Framers choose federalism? What
powers does the national government have? What powers do state
governments have? Slide 6 Federalism Reading Focus (contd.) What
powers are shared by both the national government and the state
governments? How does the Constitution limit the powers of the
state and national governments? How does the Constitution guide the
relationships between the nation and the 50 states? Dividing
Government Power Slide 7 Federalism Federalism in Action Slide 8
Federalism American federalism was invented in Philadelphia in
1787. When delegates to the Constitutional Convention met to
consider strengthening the national government, federalism was an
obvious choice. Why Federalism? New nation struggled to function as
confederation Without power to raise funds, national government not
strong enough to deliver stability or economic unity Unitary
ruleall power held by strong central authorityout of the question
Founders suspicious of powerful central government, like British
monarchy Framers sought to forge republic Relied on philosophers
who advocated self-rule and limited government Hobbes, Rousseau,
Smith Slide 9 Federalism Slide 10 Federalism 1748: Spirit of the
Laws, Baron de Montesquieu Dividing power best way to defend
peoples freedom from too powerful government Framers thoroughly
absorbed this idea Framers faced difficult balancing act National
government addresses needs of nation Preserve states rights Ensure
republican government Framers devised plan with authority balanced
between nation and states Carefully divided power between two
levels of governmentstate, national All powers dealing with states
common interestsnational defense, control over currencyassigned to
national government All other powers remained with states Why
Federalism (contd.) Slide 11 Federalism Slide 12 Federalism
Identifying Supporting Details Why did the Framers choose
federalism? Answer(s): to establish a stronger national government
without removing too much power from the states Slide 13 Federalism
The Constitution outlined a federal system that would provide
strong national government and protect states rights. In the U.S.
federal system, some powers belong to the national government,
others are reserved for the states, and still others are shared by
both. Expressed powers: powers granted to national government by
Constitution Article I, Section 8: expressed powers of legislative
branchpower to issue money, collect taxes, pay debts, regulate
trade, declare war, raise and maintain armed forces Expressed
powers of other two branches listed in Articles II, III Article II
gives president power to command armed forces, conduct foreign
relations Article III gives judicial branch power to rule on
constitutional issues, cases involving U.S. government, disputes
among states Expressed Powers National Powers Slide 14 Federalism
Inherent Powers Inherent powers: historically recognized as
naturally belonging to all governments that conduct business of
sovereign nation U.S. government has inherent powers simply because
it is a national government Power not specifically granted by
Constitution: power to acquire new territory, conduct foreign
affairs Implied Powers Implied powers: not specifically listed but
logical extensions of expressed powers Article I, Section
8:necessary and proper clause Also referred to as elastic clause;
used to stretch powers of Congress Building highways, regulating
food, mechanism for collecting taxes Slide 15 Federalism
Contrasting How do expressed, implied, and inherent powers differ
from one another? Answer(s): Expressed powers are enumerated in the
Constitution. Implied powers are not enumerated, but are logically
suggested by expressed powers. Inherent powers have been recognized
as belonging to all sovereign nations Slide 16 Federalism State
Powers Constitution has less to say about state powers James
Madison: national powers few and defined, state powers numerous and
indefinite 1791: Bill of Rights reserved powers clausepowers not
delegated to the United Statesreserved to the States respectively
Reserved powers belong to states because they are not delegated to
national government, nor prohibited from states Regulate health,
public safety, morals, general welfare of state citizens Other
reserved state powers: ability to regulate marriage, form local
governments, control public school systems, establish and enforce
laws Power to regulate businesses operating within borders, issue
licenses to doctors, lawyers, barbers, hairdressers Slide 17
Federalism Slide 18 Federalism Summarizing What powers does the
Tenth Amendment give to the states? Answer(s): It gives states
those powers that are neither given to the United States nor
prohibited to the states. Slide 19 Federalism In addition to their
reserved powers, states may also share powers with the national
government. If the Constitution does not specifically state that a
power belongs exclusively to the national government, then the
states may exercise that power, too. Shared Powers Power to collect
taxes is a concurrent power: power held by national government,
state governments at same time Both levels of government can
establish courts, make and enforce laws, build roads, provide
education, borrow and spend money Citizens subject to two levels of
authority; must follow state and national laws Framers considered
situation where national, state laws come into conflict Article VI
supremacy clause: national laws and treaties form the supreme law
of the land Judges have to obey Constitution even if it contradicts
state laws Slide 20 Federalism Slide 21 Federalism Identifying
Supporting Details Name three powers that are held by both the
national government and the state governments. Answer(s): possible
answerany three of the following: collect taxes, establish court
systems, make and enforce laws, build roads, provide education,
borrow and spend money Slide 22 Federalism U.S. Constitution denies
certain powers to national, state governments Framers believed
strongly in limited government Placed limits to prevent tyranny and
protect individual liberties Limits on State Governments Article I,
Section 10: denies specific powers to state governmentsto coin
money and to tax imports and exports from other states States may
not have own armies, engage in wars, enter into treaties Limits on
National Government Article I, Section 9: government cannot deny
right to trial by jury, grant titles of nobility, tax exports
between states May not exercise powers reserved to states or limit
basic freedoms Powers Denied to Both Levels Neither can deny people
accused of crimes right to trial by jury or grant titles of
nobility Neither can pass ex post facto laws The Limits of Power
Slide 23 Federalism Summarizing What limits did the Framers place
on state governments? Answer(s): States may not coin money, tax
imports/exports, have armies, or enter into treaties. Slide 24
Federalism The Nation and the Fifty States Constitution divides
government power, describes responsibilities of national and state
governments to each other Article IV, Section 4: national
government only officially recognize representative state
governments National government responsible for protecting states
from foreign invasion and domestic uprisings The Nation and the
Fifty States National government responded to terrorist attack in
New York on 9/11 Constitution ensures states be treated as equals
by national government States must have equal representation in
Senate Nation cannot tax people of one state more than another
Nation and State Relations National government can admit new
states, but it cannot split up states that already exist, or change
state boundaries in any way. Slide 25 Federalism Constitution gives
states right to manage affairs within borders Encourages
cooperation between states States required to extradite persons
charged with crime to state where offense committed Article IV:
full faith and credit clause Requires states give full faith and
credit to public acts, official records, judicial proceedings of
every other state Contract signed in one state honored by officials
in another state Article IV, Section 2: privileges and immunities
clause Citizens of each state receive all privileges and immunities
of any state New Yorker visiting North Carolina will enjoy same
police protection as North Carolinians Many exceptions, including
in-state college tuition to residents and lower fees for services
funded by taxes Relations between the States Slide 26 Federalism
Native American Sovereignty Article I, Section 8: national
government has power to regulate commerce with Indian tribes; used
power to make treaties with Native American nations In most cases
treaties resulted in loss of land, sovereignty, and individual
rights for native peoples Native Americans not granted full
citizenship until 1924 What about Local Government Creating local
governments is a power reserved to the states. Relationship between
state and local government different from that of national and
state governments State government has power to reorganize local
government at any time to better address state needs Slide 27
Federalism Summarizing How does the full faith and credit clause
affect relations among states? Answer(s): It compels each state to
recognize public acts, official records, and judicial proceedings
of other states.. Slide 28 Federalism Section 2 at a Glance
American Federalism: Conflict and Change Federalism has changed
over time to meet new political needs. The Supreme Court acts as a
referee in the division of power between the national and state
governments. Before the Civil War, American federalism was guided
by the principle of dual federalism, or the idea that the national
and state governments were equal in authority. Over the course of
U.S. history, American federalism has experienced a steady
expansion in national power. In recent years, a trend in American
federalism called devolution has attempted to return power to the
states. Slide 29 Federalism Reading Focus What role does the
Supreme Court play in American federalism? How was government power
divided in dual federalism? What events caused the expansion of
national power in the twentieth century? What is new federalism?
Main Idea Over the past 200 years, conflicts over the balance of
power between the national and state governments have led to
changes in American federalism. American Federalism: Conflict and
Change Slide 30 Federalism Crisis at Fort Sumter Slide 31
Federalism Gave Supreme Court power to resolve conflicts between
nation and states Article III gives judicial branch authority to
hear cases involving Constitution, U.S. laws, disputes between
states Supreme Court acts as referee, sorting out conflicts between
nation, states Courts make decisions based on rules in Constitution
Article VI includes supremacy clause: Constitution, national laws,
treaties made by national government supreme law of the land Courts
rulings have gradually increased power of national government
American federalism continually changed to meet needs of new
generations Changes understood in four terms: dual federalism,
cooperative federalism, creative federalism, new federalism Long
before the Civil War, the Framers anticipated the government they
created might lead to conflicts between the states and the national
government. How did they plan to resolve such conflicts? Role of
the Supreme Court Slide 32 Federalism Summarizing How does the
Supreme Court serve as a referee in the federal system? Answer(s):
by settling disputes between the national government and the states
Slide 33 Federalism The first era of American federalism, dual
federalism, lasted from about 1789 to the 1930s. Both state and
national government were equal authorities operating within their
own spheres of influence, as defined by a strict reading of the
Constitution. Dual Federalism The Great Debate Nationalists:
advocates of strong, centralized national government Proponents of
states rights held national government should not unduly intrude in
state affairs Secretary of Treasury Alexander Hamilton asked
Congress to create national bank, argued government had
constitutional power to regulate currency, therefore implied power
to create bank Congress refused to renew charter when it expired 20
years later 1816: dispute resurfaced with charter of Second Bank of
the United States Slide 34 Federalism A House Divided U.S. became
bitterly divided over issue of slavery Debate wrapped up in
arguments about states rights and national power Southern slave
states resisted national measures to outlaw slavery in new states
and territories Held states sovereign, could make decisions for
themselves The Marshall Court 1819, McCulloch v. Maryland: bank
dispute reached Supreme Court Court ruled in favor of nations
authority to start bank Chief Justice John Marshall argued charter
justified by Constitutions necessary and proper clause Bank would
help nation properly execute powers to regulate commerce and
currency Dual Federalism (contd.) Slide 35 Federalism A House
Divided (contd.) Doctrine of nullification: some southern
politicians believed states had right to nullify national laws that
contradicted or clashed with state interests According to doctrine,
if state challenged national law, three-quarters of other states
would have to ratify amendment allowing Congress to enact law State
could either choose to follow law or secede from Union Doctrine of
secession: idea that states had right to separate from Union 1860:
Issue of sovereignty came to a head after election of Abraham
Lincoln Lincoln believed issue of slavery was divisive South
Carolina first to secede; followed by 10 other states 1861: U.S.
divided by Civil War, waged for 4 years; bloodiest war in U.S.
history Slide 36 Federalism After the Civil War 1865: Confederacy
surrendered; Union restored Defeat of Confederacy settled matter of
slavery War profoundly changed relationship between states,
national government War firmly established national supremacy Put
to rest most radical interpretations of state sovereignty Led to
expanded constitutional powers of national government 13th, 14th,
15th Amendments (Reconstruction Amendments) passed Abolished
slavery, defined citizenship, prohibited states from denying
citizens rights, extended voting rights to African American men In
time national government would use new constitutional powers to
protect rights of African Americans, women, and others Slide 37
Federalism Slide 38 Federalism Slide 39 Federalism Identifying
Cause and Effect How did the Civil War resolve the issue of
secession? Answer(s): Union victory in the Civil War firmly
established national supremacy. States could no longer claim the
right to secede. Slide 40 Federalism Landmark Supreme Court Cases
McCulloch v. Maryland (1819) Why It Matters: In McCulloch v.
Maryland the Supreme Court had the first of many opportunities to
influence the division of power in the federal system. The Courts
decision led to the expansion of national power. Slide 41
Federalism The Civil War reinforced the supremacy of the national
government over the states. In the years following the war, new
challenges continued to shift the balance of power in favor of the
national government. Expanding National Power Turn-of-the-Century
Reforms End of 19 th to start of 20 th century was time of
tremendous change in U.S. New technology: railroads, telegraph,
industrial machinery Unprecedented growth: population more than
doubled from 1870 to 1916 Social and economic problems: overcrowded
cities, rising crime rates, dangerous working conditions
Corporations developed great economic influence at expense of
working- class Americans Difficult to address problems at state
level Slide 42 Federalism Turn-of-the-Century Reforms (contd.)
National government passed legislation to reform social, business
conditions 1887: Interstate Commerce Act regulated the railroad
industry Set restrictions on rates railroads could charge 1890:
Sherman Antitrust Act prevented monopolies: exclusive control of a
good or service in a particular market Encourage fair competition
in all industries Early 1900s: used to break up large monopolies
such as American Tobacco New laws expanded national governments
power to regulate business Court cases limited reach of national
power 1895, United States v. E. C. Knight Company: sugar refining
companies operated locally, could not be regulated by national
government Slide 43 Federalism Slide 44 Federalism 1929, stock
market crashed, led to Great Depression Poverty and unemployment
widespread Local organizations unable to respond adequately Major
change in role of national government National and state
governments worked together to meet crisis Federalism under New
Deal known as cooperative federalism 1933: President Franklin D.
Roosevelt introduced New Deal Series of national programs to
address needs of Americans Some assisted unemployed, elderly Others
provided jobs Major shift caused court challenges Opponents argued
constitutional powers to tax and regulate commerce did not give
power to enact many New Deal programs Supreme Court upheld most New
Deal legislation The New Deal Slide 45 Federalism Slide 46
Federalism 1960s: President Lyndon Johnson expanded powers of
national government Great Society program: initiatives aimed at
eliminating poverty and social inequity Creative federalism:
released federal funds to states to achieve national goals 1965:
Medicaid provides free health care for poor If national government
determines states not fully cooperating, funding withheld Threat of
losing money powerful tool Grant system increased size, cost of
national government Urban renewal grants increased from $212
million (1964) to more than $1 billion (1970) The Great Society
Slide 47 Federalism Summarizing How did New Deal and Great Society
programs change federalism? Answer(s): They marked a major change
in the role of the national government, leading to cooperative
federalism, which encouraged the national and state governments to
work together to provide services that had previously been provided
by state or local governments. Slide 48 Federalism Throughout much
of U.S. history, the powers of the national government expanded.
Beginning in the 1980s, many political leaders worked to reverse
this trend by returning authority to state governments. This era is
known as new federalism. 1980s: President Ronald Reagan supported
returning power to the states Believed national government less
effective than state governments in providing services to people
Reagan worked to reduce size of government by cutting national
grant money to states The Reagan Years 1994 elections: Contract
with AmericaRepublican campaign promise to achieve specific goals
Central idea: devolution returning power to states Reduce size and
power of national government by eliminating costly federal programs
The Devolution Revolution New Federalism Slide 49 Federalism
Identifying Supporting Details How did Ronald Reagan attempt to
reduce the influence of the national government? Answer(s): by
cutting national grant money to states and by working to define
less specifically how federal money could be used by states Slide
50 Federalism Debating the Issue: Federalism and Hurricane Katrina
What roles should local, state, and national governments play in
responding to natural disasters such as Hurricane Katrina? In
August 2005 Hurricane Katrina devastated New Orleans, Louisiana,
and the Gulf Coast. As the storm approached, officials at all
levels of government prepared. Mayor Ray Nagin of New Orleans
ordered a mandatory evacuation of the city. The governors of
Louisiana and Mississippi declared a state of emergency. The
national government authorized the Federal Emergency Management
Agency to respond to the storm. On August 29, Katrina made landfall
as a strong Category 4 storm. The results were catastrophic.
Katrina and storm-related flooding took more than 1,800 lives and
caused an estimated $81 billion in damages. In the storms
aftermath, there was widespread debate over government response to
the disaster. Slide 51 Federalism Debating the Issue Slide 52
Federalism Section 3 at a Glance Federalism Today Fiscal federalism
is a system in which the national government uses grants and
mandates to influence state policy to achieve national ends.
Grants-in-aid from the national government to the states have
increased the influence of the national government. Today American
federalism continues to evolve in the face of new issues. Slide 53
Federalism Reading Focus What is fiscal federalism? How does the
national government use grants and mandates to influence state
policies? What issues most influence American federalism today?
Main Idea Today the balance of power between the states and the
national government is characterized by a system of grants and
mandates, as well as by a number of key policy areas. Federalism
Today Slide 54 Federalism A Need for National Power Slide 55
Federalism The beginning of the twenty-first century marked yet
another shift in relations between the states and the nation. In
the wake of the September 11, 2001, terrorist attacks, the need for
increased national security led to an expansion in the powers of
the government. Fiscal federalism: power of federal government to
influence state policies within context of spending, taxing, and
providing aid in federal system Goes back to Land Ordinance of
1785, took shape during 1900s National government gave land to
states for establishing schools Roots in Confederation 20th
century: power of national government expanded with increased use
of grants-in-aid Includes money, other resources national
government provides to pay for state and local activities
Low-income housing, community arts programs, energy assistance,
disaster preparedness Latest Trend Fiscal Federalism Slide 56
Federalism Making Inferences How might grants-in-aid increase the
national governments power? Answer(s): When grants are issued with
mandates they are the national governments chief tool for aiding
and influencing states and communities. Slide 57 Federalism
Categorical Grants Most federal aid is distributed to states in
form of categorical grants Can only use for specific purpose, such
as building new airport, crime-fighting in certain areas Used to
provide money to areas affected by natural disaster Block Grants
Block grants: federal grants given for more general purposes, broad
policy areas Welfare, public health, community development,
education States prefer block grants; designed to allow state to
spend money as it sees fit Grants and Mandates In the 1980s,
President Reagan used block grants in an attempt to decrease the
size and influence of the national government. Slide 58 Federalism
Federal Mandates State and local governments are usually pleased to
receive money from the national government, but the national
government often distributes money with strings attached. Grants
and Mandates (contd.) Federal mandates: demands on states to carry
out certain policies as a condition of receiving grant money
Particularly important in enacting civil rights and environmental
policies School busing, desegregation, affirmative actionresults of
federal mandates Environmental regulations come from national
government as well Clean Air Act of 1970: national mandate
requiring states to meet national air- quality levels In exchange
for grant money, states required to create programs to reduce
pollution or risk losing federal funding Slide 59 Federalism Slide
60 Federalism Making Generalizations What types of federal aid do
the states generally prefer? Why? Answer(s): block grants, because
they are provided for general purposes Slide 61 Federalism New
issues challenge American federalism. Political debates over how to
best address key policy areas drive new changes in our federal
system. Issues in Federalism Today Poverty 1996: Congress passed
welfare reform law, gave states authority to manage own systems
Since reforms, number of people on welfare has decreased Some
credit decrease to flexibility, creativity when handled by states
Others say decrease represents strong economy, question whether
states will be able to continue to meet needs of poor Homeland
Security Department of Homeland Security formed after 9/11
terrorist attacks Local and state governments worked alongside
Homeland Security to respond to Hurricane Katrina In aftermath of
storm, some question whether better leadership and cooperation
between levels of government might have saved more lives Slide 62
Federalism Environment Many reasons why efforts to protect
environment seen as responsibility of national government Congress
has been asked to limit reach of EPA in favor of local efforts
Immigration National government handles policies, citizenship,
border protection Several states have international borders and
take immigration-related responsibilityeducation costs, health and
social services, low-cost housing Health Care Americans turning to
state, national governments for solutions to rising costs Some
think U.S. may be on the verge of health care crisis Which level
should take lead on issuesstate or national? Issues in Federalism
Today (contd.) Slide 63 Federalism Making Inferences Why do you
think some people seek a federal solution to poverty? Answer(s):
possible answerThey dont think the states will be able to continue
to meet the needs of the poor. Slide 64 Federalism Laboratories of
Democracy From health care to taxes and education, the states have
a high degree of control over policy areas that affect the daily
lives of their citizens. In American federalism, the states are
often testing grounds for new approaches to meeting the needs of
the people. Over time, many state policies have influenced national
policy. Why have the states been called laboratories of democracy?
What democratic methods have been tested in the states? How have
states experimented with innovative environmental policies? How
have the states contributed to health care initiatives? We the
People: The Citizen and the Constitution
