This document outlines key aspects of the US federal system of government, including the separation of powers among the legislative, executive, and judicial branches at the federal level. It also discusses key features of federalism such as the division of powers between the national and state governments. Over time, the relationship between the national and state governments has shifted, moving from a "layer cake" model to a more cooperative "marble cake" approach. Contemporary issues discussed include immigration, tribal sovereignty, and privacy laws.

1. POL 318
Spring 2020

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

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

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

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

20.  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

23. What is the supremacy clause?

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

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

29.  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)

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

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

37. 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...”

39. (1789-1933)

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

42. ROGERTANEY DRED SCOTT

43. (1933-1964)

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

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

46. (1964-1980)

47. Federalism in the White House

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

49. (1980-2002)

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

52. (2002-Present)

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

60.  Indian Gaming Regulatory Act (IGRA)
 Conflict between SeminoleTribe and Florida
 Amicus curiae briefs – Other States
 Eleventh Amendment Rights
 What is Sovereign Immunity?

62.  Congress did intend to deny states'
sovereign immunity under the IGRA
 Do NOT have this authority
 States are sovereign under 11th Amendment

64.  Arizona Legislature and SB 1070
 Does law take away federal government’s
power to regulate immigration?
 Main Provisions of SB 1070:
 Unlawful Presence
 UnlawfulWork Authorization
 CitizenshipVerification
 Warrantless Arrests

67.  State DMV Requirements-Personal Info.
 Name, Address, Phone Number, etc.
 Driver's Privacy Protection Act of 1994 (DPPA)
 Conflict with South Carolina law
 SC Attorney General files suit