FEDERALISM

Chapter 3

The Founding

Does Federalism protect personal liberties?

--Founders believed that neither the national nor state gov’t would have the authority over the other because, in a federalist system, power derives from the people

--The 10th Amendment was added as an after- thought

--10th Amendment has become a source of constant debate…Nullification Theory & Civil War

The Elastic Clause

Article I of the Constitution: necessary & proper

Alexander Hamilton believed it to be necessary so that the Nat’l gov’ts power remained supreme in competing interests (commerce)

Thomas Jefferson believed supreme power should be w/ the people (sovereignty)

Is this clause necessary?

McCulloch v. Maryland

1st Supreme Court case involving interpretation of the Elastic Clause

Case involved the nat’l bankQuestions:1.Could Congress charter a nat’l bank? YES2.Could states tax a nat’l bank? NOReasons: Elastic Clause & Supremacy Clause

Federal-State Relations

A) Dual Federalism1. Both nat’l & state gov’ts supreme in their

own spheres (mainly seen in Commerce Clause)

2. Police Power v. Supremacy Clause3. Examples of direct democracy: initiative,

referendum, recall

B) Grants-in-AidAllocation of federal money to the statesArgument: what states demanded v. what

federal gov’t deemed importantResult: state & local lobbyingPurpose: get most money possible w/ few

strings attached

C) Types of Federal Money1.Categorical Grants: specific purposes, often

require local gov’t to match contributionGrow quicklyAbout 90% of federal dollarsHead start, food stamps, medicaid

2.Block Grants: devoted to general purpose w/ very few strings attached

General funds to education, law enforcement

3. Revenue Sharing: seeks even distribution

The Division of Power

A) Delegated Powers: Powers of the National Gov’t

Power divided into three areas…1. Expressed—taxes2. Inherent—foreign affairs/rebellions3. Implied—Elastic Clause

Powers include: coin money, regulate interstate & foreign trade, raise & maintain armed forces, declare war, admit new states, conduct foreign relations

B) Reserved Powers: State Powers1.Regulate intrastate trade2.Establish public schools3.License requirements (numerous areas)4.Regulate alcohol5.Conduct elections6.Establish local gov’ts

C) Concurrent Powers

1.Taxes2.Borrow money3.Establish courts4.Define crimes & punishment5.Eminent domain

Regulating National Government

1. Expressly Specifically written as to what the nat’l

gov’t cannot do.2. 10th Amendment (Reserved Powers)3. Federalism4. Checks & Balances

Is Federalism an effective form of gov’t? Explain.

Questions1.“The true essence of federalism is that states as states have legitimate interests which the National Government is bound to respect even though its laws are supreme.” Explain this statement.

2.In examining the Constitution, why did the Founding Fathers believe the Supremacy Clause and the 10th Amendment were vital?

3.Identify & explain 3 areas in which the Constitution limits the power of the National Government?

4.Supposed you are creating a student government for your school. Would it be a federal form? Explain.

Questions

5. Where is sovereignty located in the American political system?

6. How is power divided between the national government and the states in the Constitution?

7. How has America’s federal system changed since the first days of the Republic?

8. Is dual federalism a friend or foe of the following:a. liberty

b. equalityc. political participationd. policy innovation