Federalism divides power between the national and state governments. While states were originally more powerful due to large distances between them, the national government has gained power over time through expansive interpretations of its implied and commerce powers, as well as responding to issues like the Civil War, racial equality, and interstate commerce. However, states still play an important role in policymaking through cooperative federalism programs and the grant system, though mandates can infringe on state autonomy. Overall, the national government has expanded its scope but states remain powerful, especially in areas like education and family policy not addressed in the Constitution.

1. Federalism
Unit #1 Chapter 3 (p.p. 66-94)
LEQ: Was the growth of the national government at the expense of
the states?

2. Defining Federalism
• Federalism (68)
• Unitary Government (68)
• States receive power from Constitution,
not national government
• Confederation

3. Why is Federalism so important?
• Decentralizes our politics, i.e. electoral systems
(states), layers of government, powerful judicial
branch
• States are (still powerful) responsible for most
public policy, Constitution does not give national
government power to deal with most social, family
and moral issues

4. States as Policy Makers

5. The Basics
• Why did Federalism work for early
Americans?
• central government would not work
alone
• great distances between states and
primitive transportation and
communication devices in place

6. The Division of Power
• Table 3.2 (72)
• According to Constitution, how are states
still a vital aspect of government?
• In a dispute between state and national
government, who prevails?
• Tenth Amendment (73)
• 1985 Garcia v San Antonio Metro

7. Why has the Federal Government gained
power relative to the states? (1/4)
• Elaboration of Implied Powers
• McCulloch v Maryland (74)
• as long as national government follows constitution, national policies take
precedence over state policies
• Implied powers (74) go beyond enumerated powers (74)
• “make all laws necessary and proper for carrying into execution...”
• Necessary and proper clause/elastic clause (75)
• as long as Congress uses national power for economic development
through subsidies for business interests

8. Why has the Federal Government gained
power relative to the states? (2/4)
• Commerce Clause
• Gibbons v Ogden (75)
• Supreme Court broadly interpreted Article I section VIII, giving
Congress power to regulate interstate
• One of national government strongest sources of power
• Supreme Court wants to limit (Congress’) commerce power:
• US v Lopez- guns in a school zone, State v Morrison- ’94 Violence
Against Women Act, Printz v US & Mack v US- Brady Handgun
Prevention Act

9. Why has the Federal Government gained
power relative to the states? (3/4)
Civil War

10. Why has the Federal Government gained
power relative to the states? (4/4)
• Racial Equality
• Brown v Board of Ed

11. Why has the Federal Government gained
power relative to the states?
National government is strong within its sphere, but the
sphere for the sates remains a large and important one.

12. Intergovernmental Relations
• Duel Federalism (78)
• Cooperative Federalism (78)
• e.g. National Defense Education Act, federal aid to highways/schools
• Table 3.3
• What are the procedures of cooperative federalism?
• Trend: Reagan & ’90’s Republican Congress push closer to duel
federalism, e.g. deficit reduction, states more say in social/
environmental welfare

13. Intergovernmental Relations (cont’d)
• Fiscal Federalism (82)
• How does the national government
influence states and localities?

14. Grant System
• Catalogue of Federal Domestic Assistance (83)
• Categorical Grants (83)
• direct orders are rare, exception discrimination/Equal Opportunity Act
• Federal regulation accomplished indirectly, give states conditions
• Project Grant (84)
• Formula Grant (84)
• Block Grant (84)

15. Scramble for Federal Money

16. Mandates
• Mandates (85)
• Problems? e.g. ’90 Americans with
Disabilities Act or ’70 Clean Air Act
• How did Congress fix this problem?

17. Federalism and Democracy
• Advantages for democracy in the
federalism system:
• policy making at state/local level
• increases access to government: more
opportunities to vote/run
• diversity of opinion respected
• one party doesn’t dominate everything

18. Federalism and Democracy (cont’d)
• Disadvantages for democracy
• Quality of education differs
• It may not pay to have a good welfare system
• Sheer number of governments makes it hard to
manage
• local interests are able to thwart national majority

19. Federalism & Scope of Government
• Our founders: government got involved in
industrializing the country
• Protection against monopolies
• Urbanization: union, minimum wage, education,
housing, welfare all turn to national government
• Why do people turn to national government
instead of the state for curtain problems?

20. LEQ: Was the growth of the
national government at the
expense of the states?