Federalism refers to the division of power between the national and state governments. The national government has express, implied, and inherent powers granted by the Constitution. State governments have reserved powers not given to the national government according to the 10th Amendment. Some powers, like taxation and lawmaking, are concurrent between the two levels. The Supremacy Clause establishes that federal law overrides conflicting state law. Federalism takes different forms, from a strict division of powers between levels to more cooperative relationships where governments work together.

1. FEDERALISM

2. • Federalism – national and state level
gov’ts share power over a common area
of people
– Some powers are given ONLY to the
national gov’t and some ONLY to the state
gov’ts (and some powers they SHARE)

3. Powers of the National
Gov’t
• the national gov’t ONLY has the powers
the Constitution gives it
• *3 types*:
– Expressed Powers
– Implied Powers
– Inherent Powers

4. Expressed Powers
• Powers of gov’t that are expressed, or
actually written word for word in the
Constitution
• Ex: Art. I Sec. 8 (Congress can declare
war)

5. Implied Powers
• Powers of the national gov’t that are
“hinted at”
• Ex: The Necessary and Proper
Clause - Congress has the power to
make laws that are needed and
appropriate to carry out its constitutional
powers
• Ex: McCulloch v. Maryland

6. Inherent Powers
• “Inherent” = a characteristic of
something
• Powers that ALL governments have
• Ex: regulate immigration and acquire
territory

7. State Powers
• Reserved Powers - The powers the
national gov’t can’t have belong to the
states (as long as the Constitution doesn’t
say “no”)
• Powers that are “saved for” or “left over”
• Found in the 10th Amendment
• Ex: marriage laws, liquor laws, speed
limits, schools, etc.

8. • Concurrent Powers - powers that are
SHARED between the national and
state gov’ts
– ex: both levels tax, make laws, enforce
laws, borrow money, est. courts

10. The Supremacy Clause
• The Constitution is the HIGHEST law of
the land
– No state or national law can override it
– when the national gov’t and state gov’ts
conflict, the national gov’t always wins

11. Types of Federalism
• Dual federalism - the national and
state gov’ts each have their own areas
of responsibilities (think “layer cake”)
– Ex: states control national elections, education,
build roads
– National gov’t coins money, declares war, runs
post offices

12. Cooperative Federalism
• the national and state gov’ts sometimes
work together  think “marble cake”/
“mixed” partners in gov’t
– Ex: both can work together to investigate
crimes, get involved in healthcare,
education, maintaining highways, etc.

13. The National Gov’t to the
States
• Protect the states from invasion
• Can step into conflicts within state if the
state can’t handle them
• Must respect state territory boundaries
(and have them represented in
Congress)

14. How a Territory Becomes
a State
• Only Congress has the power to admit
new states
• 1.) People in the territory ask Congress
for permission to become a state
• 2.) Congress tells the people to make a
state constitution
• 3.) State sends Congress their state
constitution for approval

15. Fiscal Federalism
• Grants-in-aid - the national gov’t gives
state gov’ts money to help them
function
– Categorical grants - money for a specific
purpose (ex: school lunches)
• Project grants - money for research and job
training
– Block grants - money for a broader group
of programs (ex: healthcare, infrastructure,
etc.)  states have more of a choice in
how to use this $$$

16. The States to the
National Gov’t
• States conduct national elections
• Naturalization (becoming citizens)
occurs in state courts
• State can catch and hold federal
prisoners

17. Full Faith and Credit
Clause
• States must respect the laws, rulings,
and decisions of other states
• BUT:
– Cannot enforce the laws of another state
– Maintain their own residency rules
• Ex: Some divorces won’t be recognized
because of state residency requirements

18. Extradition
• If a criminal flees one state to another,
he must be brought back to the first
state for trial and punishment
– States are responsible for sending
criminals back to the state where they
committed the crime

35. Create a Political Cartoon
• Choose a topic we’ve discussed in this unit
• Illustrate a cartoon that criticizes that part of
government, or how people see it vs. how it
really is, or your view of it
• Feel free to exaggerate features, draw people
as animals or other objects to make a point,
and use humor
• Be sure to label the subjects in your cartoon
(what does each thing represent?)
• Use your space wisely! (no tiny cartoons)