Download - Federalism Essential Question How does power flow through our federal system of government? Federalism Activity.

Federalism

Essential Question

How does power flow through our federal system of government?

Federalism Activity

Defining Federalism

What is Federalism? A way of organizing a nation so that

two or more levels of government have formal authority over the land and people.

Division and sharing of power between levels of government

Intergovernmental Relations The workings of the federal system- the

entire set of interactions among national, state and local governments.

Defining Federalism

Types of POWERS

Expressed (enumerated)Implied (necessary and proper)Inherent “assumed” (acquisition of territory,

foreign affair)Reserved (States only)Concurrent (shared)

Why is Federalism So Important?

Decentralizes our politics More opportunities to participate Electoral system

Decentralizes our policies Which government should take care of

which problem? States can solve the same problem in

different ways.

The Constitutional Basis of Federalism

The Division of Power Supremacy Clause (VI) The U.S. Constitution Laws of Congress Treaties State Constitutions State Laws

What gives the federal government more power!

10th Amendment: State’s Rights


Establishing National Supremacy Implied Powers Commerce Powers The Civil War The Struggle for Racial Equality


States’ Obligations to Each Other Full Faith and Credit Clause

Defense of Marriage Act 1996 (not included) Extradition

Privileges and Immunities

Federalism Group Activity

Get in groups of 3Task: Your group will examine three case

studies in which either the national government or a state government faced conflict in exercising its powers.

After examining the facts and arguments, your group will determine whether, according to the U.S. federal system, a legitimate use of power exists.

Case Study # 1: Federalism and Gun Control Laws

What interesting details do you see?

What federalism issue do you think this photograph represents?

Do you think the national government or the state governments should have the power to control guns near schools?


Read the Case Study.

Discuss within your groups and answer the questions at the bottom.

Do you think the national government has the power to prohibit the possession of firearms near schools? Why or why not?

Case Study # 2: Federalism and Tobacco Advertising Laws



Do you think the national government or the state governments should have the power to regulate cigarette advertising?


Read about federalism and tobacco advertising laws on Student Handout B.

Do you think Massachusetts has the power to regulate tobacco advertising within its borders?

Case Study # 3: Federalism and Air Pollution Laws



Do you think the national government or the state governments should have the power to limit air pollution?


Read article and discuss questions with group!


Outcome of Alaska Department of Environmental Conservation v. EPA

On January 21, 2004, the Supreme Court decided that the Environmental Protection Agency had the power to regulate air pollution in Alaska. In a 5-4 decision, the Court stated, the Clean Air Act gave the EPA

the authority to override a state’s decision.

• the EPA had enough evidence to reject Alaska’s claim that the state had required the best control technology available.

Post-Activity Discussion

Intergovernmental Relations Today

Dual Federalism A system of government in which both the states and

the national government remain supreme within their own spheres, each responsible for some policies.

Like a layer cake Ended in the 1930’s


Cooperative Federalism A system of government in which powers and policy

assignments are shared between states and the national government.

Shared costs Shared administration States follow federal guidelines


Fiscal Federalism The pattern of

spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments.

$600 Billion

Figure 3.2


Federal Grants to State and Local Governments (Figure 3.1)


The Grant System Categorical Grants: grants used for specific

purposes with strings attached. Types of Categorical Grants

1. Project Grants: based on merit , competition (most common)

2. Formula Grants: amount varies based on formulas

Block Grants: Federal grants given more or less automatically to support broad programs.

Grants are given to states & local governments


Fiscal Federalism continued The Scramble for Federal Dollars

$400 billion in grants every year Universalism - a little something for everybody

The Mandate Blues Mandates direct states or local governments to comply

with federal rules under threat of penalties or as a condition of receipt of a federal grant.

Unfunded mandates are requirements on state & local governments - but no money

Understanding Federalism

Advantages Increasing access to

government Local problems can be

solved locally Hard for political

parties / interest groups to dominate ALL politics

Disadvantages States have different

levels of service Local interest can

counteract national interests

Too many levels of government - too much money

What are the benefits and drawbacks of a federal system?


State Welfare Benefits (Figure 3.3)


Spending on Public Education (Figure 3.4)


Federalism and the Scope of Government Which level of government is best able to solve the

problem? Which level of government is best able to fund

solutions to the problem?