Federalism: Part 1 Principles of GPA. Copyright © Texas Education Agency 2011. All rights reserved....

Federalism: Part 1Principles of GPA

Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission. 2

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What are the Federalist Papers?

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• A series of 85 articles

• Written under the pseudonym “Publius”

• Authors: Alexander Hamilton, James Madison, and John Jay

• Began appearing in October 1787 in New York newspapers and were reprinted in the 13 states


Why are the Federalist Papers Important?

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• The U.S. Constitution needed to be ratified by 9 of the 13 states

• Not everyone supported the Constitution

• A battle was erupting between supporters (Federalists) and non-supporters (Anti-Federalists)


Why are the Federalist Papers Important? (continued)

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• Anti-Federalists were not being unpatriotic

• They feared a loss of freedom from a national government

• The Federalist Papers were written to defend and explain the Constitution and argue for its ratification

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• Still an important commentary on the framers’ beliefs

• Remain an authoritative and profound explanation of the Constitution

• The single most important piece of American political philosophy ever produced

Why are the Federalist Papers Important? (continued)

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What did the Federalist Papers say?

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• Federalist 10 – James Madison– Warned against divisiveness of rival

political parties– Liberty is safest in large republics with

diverse views among the people– The best government is formed from

different interests coming together to form an alliance

– Government should protect property rights, not equalize property ownership

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• Federalist 51 – James Madison‒ The coalitions formed in a large republic would be

more moderate than those formed in a small republic because the large republics represent a greater variety of interests

‒ The national government should maintain distance from the people and their passions; people do not always want to do the right thing

‒ Liberty is threatened more by public passions than by strong governments

‒ The government’s goal is to prevent both politicians and people from using it for unjust purposes

What did the Federalist Papers say?(continued)

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• Federalist 28 – Alexander Hamilton

– Two levels of government: federal and state

• Federalist 39 – James Madison

– The constitution is a combination of federal and state government


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• Federalist 46 – James Madison

– Both federal and state government have certain powers; neither has supreme authority over the other

• Federalist 78 – Alexander Hamilton

– The judicial branch has no power of commander-in-chief and no power to appropriate money; only the power of judgment


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Division of Power: National vs. State

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• Dual federalism – the states and the national government remain supreme in their own spheres

– The early days of U.S. history

– People did not think of themselves as Americans first; they were fiercely loyal to their states

– The Constitution would never have been ratified if it had tried to abolish state governments

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Division of Power: National vs. State (continued)

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• Cooperative federalism – shared power between the states and national government

– Blurred distinctions of power between the two

– A better description of the way federalism operates in the U.S. today

– Allows for independent decisions in each state while enabling the states to draw on the strength of the nation

– Most political scientists today argue that dual federalism is outdated

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• The 10th Amendment states• Designates

separate powers for national and state governments

• Each has its own field of authority over the same people and the same territory at the same time

• This division allows local action for local concerns and national action in matters of wider concern

• Local traditions and needs vary between states – federalism allows for different decisions among the states while enabling those states to draw on strength from the union


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• Supremacy clause (Article IV of the Constitution)

‒ The Constitution, national laws, and treaties are supreme over state laws…as long as the national government is acting within its constitutional limits


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• The national government cannot usurp state powers

• Powers not designated to the national government by the Constitution nor prohibited to the states by the Constitution are reserved for the states

• The Supreme Court has ruled that states do not have power superior to that of the national government for activities not mentioned in the Constitution

• Federal courts can order states to obey the Constitution or federal laws and treaties

• The 11th Amendment prohibits individual damage suits against state officials and protects state governments from being sued by private parties in federal courts


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• Powers of the National Government

• Coin money

• Conduct foreign relations

• Regulate interstate commerce and commerce with foreign nations

• Regulate immigration and deport aliens

• Provide an army and a navy

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• Powers of the National Government (continued)

• Declare war

• Establish courts inferior to the Supreme Court

• Establish post offices

• Acquire territory

• Make laws necessary to carry out these powers

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• Powers Denied the National Government (by the Constitution)

• Taxing items exported from one state to another

• Violation of the Bill of Rights

• Changing state boundaries

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• Powers of the State Government

• Establish local governments

• Regulate commerce within the state

• Conduct elections

• Ratify amendments to the federal Constitution

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• Powers of the State Government (continued)

• Take measures for public health, safety, and morals

• Decide whether those guilty of certain crimes in that state can be put to death

• Exert powers the Constitution does not delegate to the national government or prohibit the states from using

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• Powers Denied the State Government (by the Constitution)

• Tax imports or exports

• Coin money

• Enter into treaties

• Impair obligations of contracts

• Abridge the privileges or immunities of citizens or deny due process and equal protection of the law (14th Amendment)

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• Powers Shared by National and State Government

• Tax and borrow money

• Establish courts

• Make and enforce laws

• Charter banks and corporations

• Spend money for the general welfare

• Take private property for public purposes, with just compensation

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• Powers Denied National and State Government (by the Constitution)

• Grant titles of nobility

• Permit slavery (13th Amendment)

• Deny citizens the right to vote because of race, color, or previous servitude (15th Amendment)

• Deny citizens the right to vote because of gender (19th Amendment)

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Resources• 9780133656329, Macgruder’s American Government, McClenaghan, W.,

Pearson, Prentice Hall, 2008. (Ch. 4)• 9780205806584, Government in America: People, Politics, and Policy,

Edwards, G., Wattenberg, M., Lineberry, Pearson Education, Inc., 2011. (Chs. 2 & 3)

• 9780078799822, United States Government: Democracy in Action, Remy, R., McGraw Hill, Glencoe, 2010. (p. 454)

• 9780495898054, American Government: Institutions and Policies, 12th ed., Wilson, J., Dilulio, J., & Bose, M., Wadsword, Cengage Learning, 2011. (pp. 33-35, p. 53 & 431)

• http://www.constitution.org/fed/federa10.htm• http://history.hanover.edu/courses/excerpts/111fed.html• www.oyez.org

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http://www.constitution.org/fed/federa10.htm

http://history.hanover.edu/courses/excerpts/111fed.html

http://www.oyez.org/

Federalism: Part 1 Principles of GPA. Copyright © Texas Education Agency 2011. All rights reserved....

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