Federalism

Internet tax, drinking age, local parks, gun zones, marijuana laws…

How are they connected to Federalism?

Make a Three Column Chart

What decisions do you believe your parents or guardians should make for you?

What decisions should you be able to make yourself?

What decisions should be made cooperatively?

Analyze your responses

Did every student in the class have the same perspective about who should make certain decisions?

Have you and your parents or guardians ever had a conflict over who gets to make certain decisions?

Why is it important that some decisions are made exclusively by parents or guardians?

*Federalism – what is it?

Power is constitutionally divided between a central government and regional governments (states)

Federalism…and cake?

Layer Cake Marble Cake

Cooperative vs. Dual Federalism

Based on how the Constitution is INTERPRETED over time

*Dual Federalism

1788 – 1932 (FDR elected) “Layer Cake” Strict, narrow interpretation of Constitution

10th Amendment Supremacy Clause Necessary and Proper Clause

Large powers to states Federal government limited to power

explicitly stated in Constitution

*Cooperative Federalism

1930s – today “Marble Cake” Constitution should be loosely interpreted

Necessary & Proper = “Elastic Clause” Federal and State gov SHARE power

(previously left to states) Education, civil rights, social programs,

national emergencies

How does your Government Grow?

Constitution is vague: both “express” and “implied” powers

Interpreted to allow the federal government “implied” powers

Article I, Section 8 “Necessary and Proper” (Elastic) clause “Commerce” clause (can you think of any commerce

that is carried out solely within one state?) Article VI, Section 1 “Supremacy” clause

Federalism: National, State, and Concurrent Powers

*Evolution of Federalism

20th Century: How has the world changed since 1787?

Technological, Industrial, and Economic Growth required organization and oversight on a national level

Scope of National Government expanded dramatically…why? Great Depression, World Wars, etc.

Federal Grants to State and Local Governments

“Strings Attached” 21 is drinking age

*What are pros and cons to Federalism?

PROS CONS

Federalism and the Supreme Court: Gibbons vs. Ogden 1824

Summary and questions Classifying arguments: who does it support? How has interstate commerce changed over

time? Why should you care?

Commerce Clause

Why would we want the Federal government to regulate commerce?

50 different rules would be inefficient for business Individual rational actions can lead to a collective irrational

outcome; examples? Are we even rational to begin with? Descartes argued reason would lead to enlightenment but

the world is very complex Regulations can reduce uncertainty and complexity i.e. Preemptions prohibit states from regulating certain

activities like the ADA