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  • 1. FEDERALISM Wilson Chapter 3 AP Government - Mr. Cambou
  • 2. Objectives
    • Explain the differences between federal and centralized systems of government
    • Show how competing political interests at the Const. Convention led to the adoption of a federal system that was not clearly defined.
    • Outline the ways in which national and state powers have been interpreted by the courts
    • Distinguish between categorical and block grants
  • 3. Federalism
    • Definition:
    • Constitutional division of power between the national government and state governments. Both get their power from a Constitution, not each other.
  • 4. Reasons for Federalism in US
    • Unitary system (central govt. not Constitution delegates power) was undesirable
    • Confederate structure undesirable
    • Allows for unity, but not uniformity (allows differences among the states)
    • More suitable to large nation
    • More likely to check tyranny (ie Shay’s rebellion)
    • Encourages experimentation
    • Keeps govt. closer to the people - multiple points of access for citizens
  • 5. The Founding
    • A bold plan to protect personal liberty
      • People control the government and will balance power between the state and federal govts.
      • 10th amendment limits power of the fed govt.
    • Elastic Clause - Article 1
      • - All laws “necessary and proper”
      • - Emphasized national supremacy- used to grant new powers (change the Constitution)
  • 6. Historical Developments
    • Supreme Court speaks:
      • McCulloch vs. Maryland (1819)
      • National bank was necessary and proper
      • States cannot tax a federal bank - national powers were supreme
      • Nullification - states can declare acts of federal government unconstitutional. Court ruled against this.
    • Dual Federalism (through 1937)
      • States and Federal govt. remained supreme in their own spheres
      • Powers and policies were distinct to their layer of government - like a layered cake
  • 7. Historical Developments
    • Cooperative (“Marble Cake”) federalism
      • Since 1937
      • Mingling of responsibilities; share powers
      • National government powers should be interpreted broadly
    • New Federalism (Nixon, Reagan)
      • Power back to states
      • Use of Block grants
      • States’ exert more control - Initiative, Referendum and Recall; Police powers
  • 8. Structure of American Federalism
    • National Powers (Delegated)
      • Expressed or enumerated
      • Implied (importance of elastic clause)
      • Inherent (necessary as a national govt.)
    • State Powers (Reserved- Amendment 10)
      • - Establishing voting requirements, running elections, licensing professionals)
    • Concurrent Powers (Shared)
      • - taxing, borrowing, establishing court system)
    • National Supremacy (Article 6)
    • Obligations of National Government
    • Obligations of State Government
  • 9. Federal- State Relationships
    • P. Diddy summed it up best - its all about the Benjamins!
    • Growth of federal government has necessitated the funding of local government for the purpose of administering federally funded programs
    • - Dollar amounts have consistently risen over the last several decades, though the % of federal expenditures have varied
  • 10. Federal-State Relations
    • Why was federal money so attractive to the states?
    • - Availability and political gains
    • Purposes of Federal grants:
    • Reduces federal bureaucracy
    • Supplies local govt. with funds
    • Establishes federal standards
    • Equalizes reources among rich and poor states
  • 11. Types of Grants
    • CATEGORICAL- For specific programs (roads, housing, airports)
    • BLOCK - Granted to support a collection of general programs = more state leeway in spending (104th Congress favored)
    • REVENUE SHARING - General grants of money to states to spend as they please (Nixon and Reagan favored)
  • 12. CASE STUDY: Welfare Reform of 1996
    • Welfare block grants replaced welfare categorical grants
    • Federal “strings” attached (very few):
    • No funds to recipients who had not worked in past 2 years
    • No funds to recipients who had received fed. $ for more than 5 years
    • States must spend at least 75% of what they had previously spent on welfare
  • 13. MANDATES
    • A federal order imposed upon states:
    • Americans with disabilities act
    • Environmental Acts
    • Individuals with Disabilities in Education Act
    • Purpose is to meet a goal of the federal govt.
  • 14. MANDATES
    • Impact on States:
      • Financial burden (unfunded mandates)
      • Federal intrusiveness
      • Heavy penalties
      • Federal blackmail (don’t comply in one area, funds withheld in another)
      • Excessive power of Federal government
  • 15. Devolution Revolution
    • Push by the Republican Congress of 1994 (104th) to pass federal functions on to the states.
    • Central to the “Contract with America”
    • Promised:
    • -restrictions on unfunded mandates
    • more block grants
    • Continue the “New Federalism” of Nixon that was favored by Reagan, and the Bushes.
  • 16. The Results
    • Clinton declared the “end of big government”
      • Welfare Reform bill
      • Repeal of 55 mph speed limit
      • Restrictions on unfunded mandates
      • More block grants
      • Bush Tax cuts
  • 17. However,
    • National criteria for state-issued drivers’ licenses
    • National registration of mutual funds
    • More national food safety standards
    • More national crimes
    • Patriot Act
    • No Child Left Behind
  • 18. Finally
    • What is better?
    • Decentralist (states’ rights approach)
    • Vs.
    • Centralist (nationalist approach)