The document discusses the challenges of federalism in the United States. It describes federalism as a system that divides political authority between a national government and state/local governments. It outlines the evolution of federalism in the US from dual federalism in the late 1700s-early 1900s, where states and federal government had clearly defined separate powers, to cooperative federalism from the 1930s onward, where the federal government has intervened more in areas traditionally left to states like education and healthcare. Political cartoons from 2005 criticize the federal and state response to hurricanes Katrina and Rita, questioning the effectiveness of cooperative federalism in addressing national emergencies.

1. The Challenges of ModernThe Challenges of Modern
FederalismFederalism
New York, September 2001
New Orleans, August 2005

2. Federalism is…Federalism is…
 A system of government in whichA system of government in which
political authority is divided between apolitical authority is divided between a
national (or federal) government, andnational (or federal) government, and
its political subdivisions (such asits political subdivisions (such as
states).states).

3. Federalism is…Federalism is…
 A system where national and stateA system where national and state
governments each have definedgovernments each have defined
powers, with some being shared bypowers, with some being shared by
both and some being denied to both.both and some being denied to both.

4. Federalism & theFederalism & the
ConstitutionConstitution
The Federal
Government has
expressed powers
specifically granted in
the Constitution (tax,
regulate commerce,
declare war, etc.)
The Federal
Government has
implied powers from
the necessary & proper
clause or “elastic
clause” (ex: create a
national bank)
The 10th Amendment
reserves powers to the
states (ex: education,
law enforcement, etc.)
The U.S. Constitution
is the supreme law
of the land
(National Supremacy
Clause)

5. Dual Federalism (1789-1932)Dual Federalism (1789-1932)
 Federal and state governments are co-Federal and state governments are co-
equals, each sovereignequals, each sovereign
 Narrow interpretation of the ConstitutionNarrow interpretation of the Constitution
 Federal government only has jurisdiction ifFederal government only has jurisdiction if
clear expressed in the Constitution (ex: coinclear expressed in the Constitution (ex: coin
money, foreign affairs)money, foreign affairs)
 State have greater role and powers (ex:State have greater role and powers (ex:
public education, race relations)public education, race relations)

6. What does duel federalism have
in common with a layer cake?

7. Cooperative FederalismCooperative Federalism
(1933-present)(1933-present)
 National government clearly supreme over theNational government clearly supreme over the
states with wide interpretation of the “necessarystates with wide interpretation of the “necessary
and proper clause” (Article I, Sect. 8 of theand proper clause” (Article I, Sect. 8 of the
Constitution, also known as the “elastic clause.”)Constitution, also known as the “elastic clause.”)
 Federal government intervenes or assists inFederal government intervenes or assists in
some areas traditionally left to the states (ex:some areas traditionally left to the states (ex:
education, health care, civil rights)education, health care, civil rights)
 Began with the New Deal in the 1930sBegan with the New Deal in the 1930s

8. What does cooperative federalism
have in common with a marble cake?

9. Political Cartoon #1 Title: Another Perfect Storm
Artist: Jeff Danziger Date: September, 2005 http://cartoonbox.slate.com/

10. Political Cartoon #2 Title: Disaster Response
Artist: John Trever, The Albuquerque Journal Date: September, 2005

11. Political Cartoon #3 Title: Homeland Security
Artist: Mike Keefe, The Denver Post Date: September, 2005

12. Political Cartoon #4 Title: Cleanup
Artist: Cam Cardow, The Ottawa Citizen Date: September 5, 2005

13. Questions for DiscussionQuestions for Discussion
 What 20What 20thth
Century events contributed to the shift fromCentury events contributed to the shift from
dual federalism to cooperative federalism?dual federalism to cooperative federalism?
 What are the inherent strengths of a federal system inWhat are the inherent strengths of a federal system in
addressing national emergencies? What are theaddressing national emergencies? What are the
weaknesses?weaknesses?
 In both the near future, do you think the trend ofIn both the near future, do you think the trend of
cooperative federalism with the federal governmentcooperative federalism with the federal government
taking a dominant role over the states will continue?taking a dominant role over the states will continue?
Will this trend continue even into the distant future?Will this trend continue even into the distant future?