These are the POL 140 Lecture Slides for Chapter 4, "Federalism and the U.S. Constitution."

1. POL 140
Fall 2014

4. Congress:
Legislate
President:
Execute
Judiciary:
Interpret

10.  Congress had no power
to draft soldiers or pay
for military recruits
 Congress had no power
to regulate commerce
between states and
foreign powers
 Congress had no power
to tax individuals

12.  Significantly
strengthen power of
national government
 Shifted Convention
deliberation from
amending Articles to
drafting new
Constitution

15.  Same people and territory are included in
both levels of government
 National constitution protects units at each
level of government from encroachment
 Each unit is in a position to exert some
degree of leverage over the other

18.  Permits diversity, diffusion of power
 Local governments can handle local problems
 More access points for political participation
 Protects individual rights
 Fosters experimentation and innovation
 Suits large country with diverse population

19.  Makes national unity difficult to achieve and
maintain
 State governments may resist national
policies
 May permit economic inequality, racial
discrimination
 Law enforcement and justice are uneven
 Smaller units may lack expertise and money

21.  “Layer-Cake”
 National and state
governments each
have separate sphere
of influence
 Dominant from
Founding Era to first
third of 20th century
(~1930s)

22.  “Marble-Cake”
 National and state
government both
supply services to
American citizens
 Dominant in U.S. govt.
since FDR and New
Deal era (1930s)

24.  Grants specific powers to
the national government,
reserving all other powers
to the states or people
 Limits on both powers
granted to the federal
government and those
reserved to the states
 Lays out relationships
among states as well as
between states and federal
government

26.  Article I, Section 8
 Enumerated Powers
 Examples:
 Coin money
 Regulate interstate and
foreign commerce
 Tax imports and exports
 Make treaties
 Declare war

27.  Known as “elastic clause”
 Congress does NOT get ultimate authority to
do whatever it wants
 Grants Congress power to pass all laws “which
shall be necessary and proper for carrying
into execution the Foregoing powers”

28.  10th Amendment
 Reserved Powers
 “Police Power”
 States may regulate
behavior and enforce
order for general
welfare, health, safety,
and morals of citizens

29.  Guarantee Clause (Article IV, Section 4)
 “The United States shall guarantee to every state in
this union a republican form of government, and
shall protect each of them against invasion; and on
application of the legislature, or of the executive
(when the legislature cannot be convened) against
domestic violence.”
 Madison: Federalist #39

30.  Concurrent Powers
 Taxing
 Borrowing and
Spending Money
 Establishing Court
Systems
 Regulating Elections

33.  “Writ of Habeas Corpus”
 Latin for “have you the body”
 Individuals convicted of a crime, arrested, and
jailed the right to go before a judge
▪ Cannot “lock you up, and throw away the key”

34.  States cannot enter any into treaties or alliances
with foreign powers, pass titles of nobility, etc.
 Limited by 14th and 15thAmendments to
Constitution
 Fourteenth: States cannot deny someone due
process and equal protection under law
 Fifteenth: States cannot deny voting rights on
account of race, gender, or previous condition of
servitude

36. RELATIONSHIP BETWEEN
NATION AND STATES
 Supremacy Clause
 Article VI, Clause 2
 “This Constitution, and the
Laws of the United States
which shall be made in
pursuance thereof; and all
treaties made, or which shall
be made, under the authority
of the United States, shall be
the supreme law of the land…”
RELATIONSHIP
BETWEEN STATES
 Full Faith and Credit
Clause
 Privileges and Immunities
Clause
 “The Congress shall have
power to make all laws which
shall be necessary and proper
to secure to the citizens of each
state all privileges and
immunities of citizens in the
several states...”

40. Did Congress have power to charter a national bank?

42. ROGER TANEY DRED SCOTT

47. Federalism in the White House

48.  Johnson: Categorical Grants
 Money from Congress marked for certain
categories

49. Federalism in the White House

50.  Johnson: Categorical Grants
 Money from Congress marked for certain
categories
 Nixon: General Revenue Sharing
 Money from Congress spent however states wish

51. Federalism in the White House

52.  Johnson: Categorical Grants
 Money from Congress marked for certain
categories
 Nixon: General Revenue Sharing
 Money from Congress spent however states wish
 Reagan: Block Grants
 Grants go to local communities who decide how
to spend money

53. Federalism in the White House

54.  Johnson: Categorical Grants
 Money from Congress marked for certain categories
 Nixon: General Revenue Sharing
 Money from Congress spent however states wish
 Reagan: Block Grants
 Grants go to local communities who decide how to spend
money
 Clinton: Devolution and Mandates
 Legal requirements Congress imposes on states
 States forced to bow to federal government