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I. What is Federalism

I. What is Federalism. A. A way of organizing a nation so that two or more levels of government share authority 1. A rare, but not unique form of government 2. Unitary governments are more common. II. Division of Powers.

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I. What is Federalism

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  1. I. What is Federalism A. A way of organizing a nation so that two or more levels of government share authority 1. A rare, but not unique form of government 2. Unitary governments are more common

  2. II. Division of Powers • The Supremacy Clause says that laws of the national government will remain law of the land. • However the constitution does not specifically state what the limits of the federal government are. • The 10th Amendment provides part of the answer. • The Supreme court has vacillated on the issue.

  3. III. Establishing National Supremacy • McCulloch v. Maryland (implied powers) • Gibbons V. Ogden (Commerce Power) • The Civil War • Brown V. Board of Education State Powers Federal Powers

  4. IV. Full faith and credit • States must give “full faith and credit to public records, and civil judicial proceedings of every other state” 1. Usually not a problem but DOMA (gay marriage) has become a hot button issue.

  5. V. Types of Federalism • Dual Federalism (Layer Cake) -Both the national government and the states remain supreme in their own spheres.

  6. V. Types of Federalism • Dual Federalism (Layer Cake) -Both the national government and the states remain supreme in their own spheres. B. Cooperative/Shared Federalism (Marble Cake) -The federal government becomes more intrusive in what was the domain of the states. (New Deal Era)

  7. V. Types of Federalism • Dual Federalism (Layer Cake) -Both the national government and the states remain supreme in their own spheres. B. Cooperative Federalism (Marble Cake) -The federal government becomes more intrusive in what was the domain of the states (New Deal Era) . C. Creative Federalism -Even more reliance on federal programs • (Great Society)

  8. D. Competitive Federalism/New Federalism Reverses marble federalism, giving more power to the states (Nixon-Bush)

  9. VI. Fiscal Federalism A. How much money is appropriated by the federal government to the states, under what conditions, and what the states can do with these funds

  10. Categorical Grant- Money must spent according to categorical requirements. • Block Grants- less strings attached • Revenue sharing- Federal government gives money directly to the states with no strings attached.

  11. B. Mandates • When the federal government requires that the states do something it is known as a mandate. • Sometimes requires states to do something with out giving them money to do so. • (unfunded mandate)

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