This document provides an overview of the US system of federalism. It outlines the three branches of government and their roles, as well as key powers and limitations of federal and state governments. It also summarizes the evolution of federalism over time from a dual "layer cake" model to a more cooperative "marble cake" approach, and discusses factors that have shifted power between the national and subnational levels such as the expansion of federal power during the New Deal and Great Society eras versus the devolution of power during Reagan's presidency.

1. PO 202
Spring 2017

4. Legislative
Branch:
Legislate
Executive
Branch:
Execute
Judicial
Branch:
Interpret

7.  No power to draft
soldiers or pay for military
 No power to regulate
commerce
 No power to tax

16.  Protects AgainstTyranny
 Dispersion and Diffusion of Power
 Increases Participation
 Improves Efficiency
 Ensures Policy Responsiveness / Innovation
 Reduces Conflict

17.  Creates Confusion & Reduces Accountability
 Increases Conflict
 “NIMBY,” Impact on National Unity
 Creates Inequality
 Money, Economic Inequality, Law and Justice

19.  Grants specific powers
to national government
 Limits on powers
granted to federal
government and states
 Lays out relationships
among states and
between states and
federal government

22. What is the supremacy clause?

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

26.  Known as “elastic clause”
 Grants Congress power to pass laws “which
shall be necessary and proper for carrying
into execution the Foregoing powers”

28.  TenthAmendment
 What is the “police power?”
 Guarantee Clause (Article IV, Section 4)
 “The United States shall guarantee to every state in
this union a republican form of government…”
 Federalist 39 (Madison)

33.  “Writ of Habeas Corpus”
 Latin for “have you the body”

34.  States cannot enter treaties or alliances
 14th and 15th Amendments to Constitution
 14: Due Pr0cess, Equal Protection Clauses
 15:Voting Rights

36. RELATIONSHIP BETWEEN
NATION AND STATES
 Supremacy Clause
 ArticleVI, Clause 2
 “This Constitution, and the
Laws of the United States…
shall be the supreme law
of the land…”
RELATIONSHIP
BETWEEN STATES
 Full Faith and Credit Clause
 Privileges & 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...”

38. (1789-1933)

39.  “Layer-Cake”
 National and state
governments have
separate influence
 Hamilton vs. Calhoun

41. ROGERTANEY DRED SCOTT

42. (1933-1964)

43.  “Marble-Cake”
 National and state
government work
together for Americans

44. The shift from dual to cooperative federalism occurred
due to federal govt. expanding its rule over time.

45. (1964-1980)

48. Federalism in the White House

49. Signing the Civil Rights Act
Categorical grants helped fund
LBJ’s “War on Poverty”

50. (1980-2002)

51.  Increase in devolution to subnational units (states)
 Categorical Grants
 Money given for specific purposes or categories
▪ Examples:Transportation, Health Care, Education, Employment
 Nixon Administration
 General Revenue Sharing
 Money spent however states wanted
 Reagan and Block Grants
 Money given for broad purposes
 Local areas decide how to spend money
 Reduced size and power of federal govt.

53. (2002-Present)

54.  Choosing national or subnational supremacy
President
Barack Obama
Governor
Mark Sanford