Definition Why have a federalist system? How It Works Yeah...Nullify This! Historic Influences Conflict…

Definition

Why have a federalist system?

How It Works

Yeah...Nullify This! Historic Influences

Conflict

How Could You Oppose the Constitution?

Stages of federalism

Systems

Federalism:Federalism is the

division of power between a national government and state governments.

1. Federal government has very specific powers listed in the Constitution. (expressed or ennumerated powers) Ex: war, print $.

2. Federal government also has powers that are “necessary and proper” to carry out expressed powers. (inherent powers) See McCulluch v. Maryland

3. Supremacy Clause: Article VI: Constitution is the highest law in the land.

1. Separate and balance:Federal LevelLegislative Executive Judicial

State LevelLegislative Executive Judicial

3 Branches, 2 Levels

1. Madison wanted to prevent factions (groups) from gaining too much power.

2. Prevents tyranny by spreading power between not only fed-states, but also between the branches.

3. Historical influenced had a tremendous impact on this.

1. King George III: afraid of another strong central authority.

2. Articles of Confederation: too decentralized; no judicial branch; nothing got done.

3. McCulloch v. Maryland: federal government can create a bank, because it is “necessary and proper” to carry out the power to tax.

Reserved Powers (10th Amendment) “The powers not delegated to the United States by

the Constitution, nor prohibited by it to the States, are reserved to the States.”

1. States traditionally take care of voting, marriage, education, interstate commerce, etc.

2. Some powers, however are shared. (concurrent powers) See Chart

What the Federalists Were For1. A powerful central government.2. Government “filtered” from popular control.3. A potentially expansive central government

that could govern a large country.What the Anti-Federalists Were For

1. The retention of state sovereignty and strength.

2. More popular control of state-run governments.

3. Fidelity to traditional notions of republicanism.

The Civil War: 1789 to 1865Federal vs. state control: slaveryNullification: states felt they could

ignore laws they did not like. Um…no: states have no judicial review power.

Dual Federalism and Laissez-Faire Capitalism: 1865 – 1933

The Great Depression: 1930s – 1960sMassive federal control: attempt to fix

the economy

Devolution: 1980s to presentReturning power back to the states (sort of)

Dual Federalism Definition: A system of government in

which both the states and the national government remain supreme within their own spheres, each responsible for some policies. More state control.

Like a layer cake. Each layer had clearly defined powers and responsibilities.

Ended in the 1930s: Great Depression (FDR)

Cooperative Federalism Definition: A system of government in

which powers and policy assignments are shared between states and the national government.

Shared costs Shared administration States follow federal guidelines

Cooperative FederalismThe national government would ensure

state cooperation with federal policies by offering grants-in-aid.

Block grants are given to states for general purposes and allow state officials greater discretion over how funds will be spent.

Categorical grants are given to states for more specific purposes and most of the discretion remains in the hands of federal officials.