1. Ch 4
“Federalism”
You’re Not the Boss of Me!
(Oh, wait . . . . . well, . . .
. . . . . Maybe you are.)

3. How is living at your house like Federalism?
• You have a ________ within
the family’s house
• Who makes the "rules" for
YOUR room? ________
• Whose decisions outweigh
your decisions? _______
• Your parents don't usually let
you “go anywhere” without
asking you to “do” something
first … examples …
• What are your chores?" Do
you get paid?

4. • States are smaller
units within the
country
• "Laws" for the state
are made by the state
• Federal laws is
supreme to the state
laws
• Allowances from
federal government
usually come with
strings attached (if

5. • Both you and your parents have assigned
responsibilities, what are your responsibilities
around the house? (Parental expectations)
• How does your family "share" the work-load?
• What do you and your parents argue about?
• Each room has different "rules" attached to it.
What are the "rules" in each room?
• Can you think of any time when you came up with
a solution and the family implemented it?

6. • Federal and State governments have separate
responsibilities
– (Federal gov’t protects the country/economy
– each state gov’t protects general welfare of the people
w/in their state)
• A lot of programs are "shared" by both the federal
Gov’t & the state Gov’t
• Both levels are constantly seeking to maintain their
own "power“
• Every state makes laws that "fit" their state/people
(snow chains in some, not in others).
• States try new programs, if they work at state level,
they are brought up to the federal level.

7. Federalism
System of government in which powers are
divided and shared between a central or
national government and its sub-divisional
governments at different “levels”

8. Understanding Federalism

9. Why Federalism Matters
• Gay marriage
• Death penalty
• Welfare reforms
• Immigration policies
• Leave no child behind
• Abortion
• Medical Marijuana
• Money! (unfunded mandates)
• Minimum wage issues
• Hurricane Katrina
(where’s FEMA?-blame-
federal/state/local?)

10. Title: Another Perfect Storm
Artist: Jeff Danziger Date: September, 2005 http://cartoonbox.slate.com/

11. States
have
their own laws…
check these laws out 

12. Federalism in practice
State Laws on the books today…
 It is illegal for a driver to be blindfolded
while operating a vehicle.
 It is illegal to wear a fake mustache
that causes laughter in church.
ALABAMA

13. Federalism in practice
State Laws on the books today…
 Animals are banned from mating
publicly within 1,500 feet of a tavern,
school, or place of worship.
 It is a misdemeanor to shoot at any
kind of game from a moving vehicle,
unless the target is a whale.
CALIFORNIA

14. Federalism in practice
State Laws on the books today…
 Prohibits shooting rabbits from a
motorboat.
KANSAS
 It is illegal to rob a bank and then
shoot at the bank teller with a water
pistol.
LOUISIANA

15. Federalism in practice
State Laws on the books today…
 It is illegal to take more than three sips of
beer at a time while standing.
 It is illegal to drive without windshield
wipers but a windshield is not required
 It is illegal for one to shoot a buffalo from
the second story of a hotel.
 It is illegal to milk another person's cow.
TEXAS

16. So What is Federalism?
System of government in which powers are
divided and shared by a central government
and its sub-divisional governments

17. What is Federalism?
• Defining Federalism: the
distribution of power between
a central and sub-divisional
governments
– the central government
– the states
– the local government
• all share power to make, enforce,
and interpret laws

18. What is Federalism?
• Both the state and federal
governments have
substantial power and
responsibility
– including the power to tax
and enforce laws that
regulate conduct of
individuals.

19. What is Federalism?
• Mere existence of
state and federal
governments does not
make it a federal
system.
• Both the federal
government and the
state government get
their power from a
common source - the
constitution.

20. Alternatives to Federalism
Unitary Systems:
• Puts all governmental power in the central
government
• Britain, France, Israel, and the Philippines.
Confederations:
• Sovereign nations create a constitutional compact
but carefully limited the power of the central
government
• Articles of Confederation, The United Nations,
European Union

21. Why did they choose Federalism?
• “Confederation”- tried and failed.
• “Unitary” government? Was out-of-the-
question!!! Founding Fathers were too
attached to state governments (It was too
much like England’s gov’t)
• Federalism allows “Unity without
Uniformity”
– National politicians do not have to iron out every
difference on every issue that divides us. Issues
are debated in the state legislatures, county
courthouses, and city halls.

22. Why did they choose Federalism?
Federalism
“Encourages
Experimentation”-
State gov’s are
“laboratories” for
public policy
experimentation.
Negative effects are limited if
programs fail. If they
succeed, they can be
implemented elsewhere.

23. Why did they choose Federalism?
• Federalism “Keeps Government closer
to the People”
• We serve on boards and associations and
on planning commissions locally.
• Keeps us close to the issues and gives us
firsthand knowledge of what needs to be
done.
• May be more responsive to the problem
than experts far away in Washington.

24. Powers of the National Government
“Delegated Powers”
• Expressed powers –
Spelled out in the
Constitution for the
3 branches of our
federal gov’.
– Declare war
– Mint money
– Regulate trade
between states
– Etc…

25. Powers of the National Government
“Delegated Powers”
Implied powers
powers that we infer from other
powers
• the founders could not
have enumerated …
– Electricity
– Air travel
– Internet
– Drug trafficking
– etc…???
• “necessary & proper”
clause (elastic clause)

26. Powers of the National Government
• Inherent powers -
Powers the federal
gov’t has simply
because we are a
gov’t recognized by
other world powers.
– Examples include: to
tax, defend & acquire
territory and deport
undesireable aliens.

27. Powers of the States
• Reserved powers
– powers not granted
to the national
government are
reserved for the
states.

28. Concurrent Powers
• Concurrent powers
– powers that are shared
by both federal and state
governments.
• Examples include:
– To tax
– To define laws
– To punish criminals
– Many others…

29. Expansion of Federal
Government
• National Supremacy Article
– “The constitution is the Supreme Law of the
land” even if it conflicts with some state law
• Officials of the state as well as the nation
are bound by constitutional oath to
support the Constitution.
• States may not use their reserved
powers to override national policies.
• NO to Nullification

30. Expansion of Federal
Government
• War Powers:
• National government
(specifically
President) has the
power to wage war
and do whatever is
necessary and
proper to do so
successfully.

31. Expansion of Federal Government
Power to Regulate Interstate &
Foreign Commerce- Commerce
includes production, buying, selling,
renting, and transporting goods,
services, and properties.
Few aspects, if any of
our economy today
affect commerce in
only one state . . . .
thus little is outside
the scope of national
government’s
authority

33. Expansion of Federal Government
• Power to Tax and Spend-
Congress lacks constitutional power
to regulate education or agriculture
directly, yet it does have the power
to appropriate or withhold money to
say… support education or to pay
farm subsidies.
• By attaching conditions to its grants
of money, Congress regulates what
it cannot directly control by law.
• For example, they often require the
states to do certain things and
sometimes do not supply the money
to do so- this is called a federal

34. Federalism and the Scope of Government-
Why has the Federal Gov’t.
grown so much?
• As the U.S. has evolved from agriculture to industry, new
demands for government arose.
• The national gov‘t answered with a national banking
system, subsidies for railroads,
& airlines, corporate tax breaks
and a host of other policies
created to encourage expansion
of the national economy.

35. Federalism and the Scope of Government-
Why has the Federal Gov’t. grown so much?
• The formation of large corporations led
to abuses and many interests asked the
national government to step in & to
regulate and encourage open competition.
• Farmers also sought services such as price
supports
Unions sought better working conditions,
better pay, and a wide range of social
policy.

36. Federalism and the Scope of Government-
Why has the Federal Gov. grown so much?
• As we urbanized, we’ve had new
problems in housing, education,
transportation, & the environment.
• The states lack the resources
and authority to deal with such
enormous problems.
• if the states were responsible for
something like social security, then
how do you deal with pensions for
people who move from state to
state?
• We, the American public have
demanded that the national
government take up the issues of
the country because we know that
the federal government has the
resources to do so.

37. Guarantees
of the National gov’t to the States
(Article 4 of the Constitution)
• Republican form of
government- at least
one representative in the
house and 2 Senators.
• Protection from
invasion- both foreign
and domestic
• Territorial integrity- can
not divide the state-must
recognize boundaries.

38. Interstate Relations
(Article 4 of the Constitution)
• Full Faith and Credit-accept
the other states a public record
as valid-licenses divorce
decrees, judicial settlements.
• Interstate Privileges and
Immunities-right to engage in
occupations, access to the
courts, freedom from
discriminatory taxes, freedom
from unreasonable residency
requirements

39. Interstate Relations
(Article 4 of the Constitution)
• Extradition-no state can
hold fugitives from other
states.
• Interstate Compact-
interstate agencies to
handle interstate
problems-most need
congressional approval.
Typically a state belongs
to 20 compacts
(environment, crime, water
rights)

44. The Role of the Federal Courts-
Umpires of Federalism
• McCulloch V. Maryland
(1819)- Maryland levied
tax again the Baltimore
branch of the Bank of the
United States.
• McCulloch, the cashier of
the Bank refused to pay
Md. on the grounds that
the state could not tax an
the national government.

45. McCulloch V. Maryland
• State argued that the US
Bank is not absolutely
necessary to the exercise
of any of the delegated
powers, and that
Congress had no
authority to establish it.
• Also the power to tax is a
reserved power, . . . and
the state may use it
however they may see fit.

47. McCulloch V. Maryland
• Federal government argued- that the implied
power means Congress has the authority to
enact any legislation convenient and useful for
carrying out its delegated national powers.
They used the bank as a means for collecting
taxes, borrowing money, and caring for the
property of the United States.
• The Decision- John Marshall: established the
doctrine of national supremacy. No state
can use its reserved taxation power to tax a
national instrument because the power to tax
involves the power to destroy.

48. An Expanding Role for the
Federal Courts-
• Authority of the courts has
grown through modern
judicial interpretation of the
13, 14, and 15th
amendments and
congressional legislation
enacted to implement them.
• Recently, the Court has
returned to the states
several some very explosive
political issues. EX:
(Webster and Casey) both
abortion cases.

52. Federalism and Use of Grants
• Congress authorizes programs and appropriates funds-they
have deeper pockets than the states.
• Their most potent tool for influencing policy at the state level
has been through grants.

53. Federalism and Use of Grants
• Categorical grants-
Congress
appropriates money
for specific
purpose.
• They also provide
for federal
supervision.

54. Categorical Grants continued
• Most common is the Project
Grant- awarded on the basis of
competitive applications (research
universities)
• Formula Grants- distributed
according to a formula-based on
some factor such as population,
per capita income, percentage of
rural population, etc.
– Most common formula grant are those
for Medicaid, child nutrition grants,
sewage treatment, public housing and
community development.

55. Federalism and Use of Grants
• Block grants- broad
grants given to states for
prescribed activities-
few strings attached,
but when the money for
any fiscal year is gone,
there is no more
money. The money is
given in a lump sum!

56. Federalism and Use of Grants
• Conditional grants - Congress appropriates the money BUT
with conditions attached.
• Can’t have the money unless you match the amount they are
giving. (Raise the drinking age if you want your federal funding)