Chapter 3: Federalism

Lesson Objective
Illustrate the concept of federalism
Identify the powers and responsibilities of federal, state, and local governments
Analyze the Supreme Court case McCulloch v. Maryland
Compare different conceptions of federalism
Discuss the advantages and disadvantages of federalism
Apply the concept of federalism through the analysis of contemporary issues
Discussion

What does the political cartoon suggest about the relationship between the states and
the national government?
I think this cartoon illustrates the constant fight for power between the state governments and the national government. This can
also be seen as the fight between the federation and the confederation. Obviously the national government is bigger, and that is
why it is depicted as one large figure. The states are smaller governments and are trying to hold on to their individual powers.
Division of Power in Federal Systems

There are three ways that power gets divided in government systems.
What is Federalism?
Federalism: a system in which power is divided between local, state, and national
governments

All federal systems establish at least two levels of government, with both levels being
elected by the people and each level assigned different functions.

Insert quick sketch here

Quick Sketch- Federalism

Historical Views on Federalism
1. Summarize John Marshall’s views on
federalism.
He had a belief in a strong union. He wanted to have a more
centralized government as opposed to too much power to
individual states.

2. What event influenced his views on

federalism?
His service as an infantry officer in the American Revolutionary
war. It taught him many life lessons which he would later
implement into politics. In the war he fought for the nation, not
just his state, so he was one of the first to support the congress
rather than his state.
Evolution of Federalism
Views like Marshall's were balanced with views of scholars and politicians who
believed that the federal government should be weak and that most power should
reside in the states.

The Constitution became a compromise document that laid out that division of power.

The way power has traditionally been divided and shared between the states and the
national government has shifted over time.

We will be looking at how power is shared over the next couple of slides
Expressed, Implied, and Reserved Powers
Expressed powers- are powers that are actually stated, or “expressed,”in the
Constitution. Each branch has expressed powers, but you mostly hear this term in
reference to Congress.

Implied powers- not expressly stated in the Constitution. Implied powers of Congress
come from the Necessary and Proper Clause.

Reserved- Any powers not given to the federal government is reserved for the states.
Federalism Classification Activity Click here for directions.

Expressed & Reserved Powers

Implied Powers (State)
(Fed) Concurrent
(Shared) Provide
Print money police and
regulate emergency
maintain an interstate and services
army, navy, foreign
and air force commerce Issue driver’s
licenses establish and
conduct
Declare war maintain
elections Establish schools
Make and local
Establish governments
courts enforce laws
Protect
set rules for
Collect taxes public health
immigration
and safety

Establish a
post office

Check your
work here
Discussion
How did you do on the previous slide sort?
I did alright, I did miss my mark on quite a few though.

Were there any powers that surprised you?

Most of them made sense to me after I saw the right answers, but why does the Federal government have power over establishing
post offices? My guess is because they could be transferring very confidential information, so the federal government doesn’t want
to take any chances.
McCulloch v Maryland 1. Who were the major players in the case?
McCulloch, the bank and its stockholders, state of Maryland, and the
US government.

2. What was at the root of the conflict?

McCulloch refused to pay a tax because he thought he was immune
to it by the US government. This stirred conflict between the US and
state government of Maryland.

3. What did the Court decide in the case of

McCulloch v. Maryland? What reasons did the Court
give for its decision?

Click here to read the background on The court decided that Congress had power over the bank and the
McCulloch v Maryland, and then watch ther state of Maryland can’t tax a federal financial institution like the
bank. The reasons were because this could interfere with the
video and answer the questions. workings of the federal government, and that the bank was a
necessary function of Congress.
 Federalism and the Constitution
The Constitution contains several provisions that direct the functioning of U.S.
federalism:

Article I, Section 8- The Elastic Clause (Necessary and Proper Clause)-Congress can
do what is necessary to run the country.

Article VI- The Supremacy Clause- federal law (The Constitution) is above state laws

Tenth Amendment- “The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States respectively,
or to the people.” Insert quick sketch here Insert quick sketch here

Quick Sketch- The Supremacy

Clause and The Elastic Clause Next Page Next Page
Constitutional Limits on Federalism
The parts of the Constitution that put limits on federal and state authority:

Article I, Sections 9 and 10- prevents measures that cause the deprivation of personal
liberty.

For example, Ex post facto law- bans criminalizing something retroactively.

Bill of Rights- Amendments 1-10 which protect individual liberties

Fourteenth Amendment- All citizens have equal protection (Incorporation Theory)

Civil Rights Amendments (15th, 19th, 26th)- prevent both the states and the federal
government from abridging citizens’ right to vote based on race, sex, and age.

Article IV, Section 1- referred to as the full faith and credit clause, requires the states
to accept court decisions, public acts, and contracts of other states.
Types of Federalism- Dual Federalism
Under this type of federalism, power is divided between the federal and state
governments in clearly defined terms, with state governments acting without
interference from the federal government.

This is also known as Layer Cake Federalism.

Types of Federalism- Cooperative Federalism
Under this type of federalism both levels of government
work together to solve national problems, such as the
Great Depression and the civil rights struggle.

The boundaries between the states and the national

government are not as clear. This is why it is known as
marble cake federalism.

This was the first time the federal government tried to

address national problems such as marketplace
inefficiencies, social and political inequality, and poverty.
Types of Federalism- New Federalism
This type of federalism sought to give certain powers back to the states.

Under the Nixon and Reagan administration there was a push for a “Devolution
Revolution” and return some powers and responsibilities back to the states.

This was done through the use of block grants which eased restrictions on how states
could use federal money for federal programs.
Intergovernmental Relations- Carrots
Carrots (Grants)- Positive incentives to get states to work toward national goals.

Categorical Grants – funds for some specific closely defined purpose.

-Like money for school lunches
-Usually have strings attached

Block Grants – funds for much more broadly defined purposes

-Fewer strings attached, more freedom for state/local to decide how to spend money

Project Grants – funds for specific organizations or governmental bodies

-For research, job training programs, etc.
Intergovernmental Relations- Sticks
Sticks (Mandates)– The federal government forces compliance of federal mandates by
threatening to withhold funding or enforcing penalties for noncompliance.

Unfunded Mandates – Federal govt. requires a state agency to perform functions but
they don’t have the funds to do so and money is not provided.

Coercive Federalism – Federal govt. tells the state what they have to do in order to
receive funds.

Insert quick sketch here

Quick Sketch- Coercive
Federalism
The following narrative contains 8 underlined examples of local, state, and Federal government
power. Use the key to highlight each example as a state, local or federal power/responsibility.
The best part of getting your driver’s license (1) is the day you finally get to drive to
school(2). I grabbed the car key from a basket by the front door and walked nervously out
to the driveway. “Hold it,”called my dad. “I had to renew the vehicle registration (3).
Please put the new sticker on the windshield for me.”
Driving down my neighborhood street (4) I felt free. This was much better than riding a
bike or waiting for the school bus (5). Several traffic lights (6) later I was driving down
FM 969 (7), when I got stuck behind a stopped commuter bus. I finally got onto I-35 (8)
and thought, “I can make to school on time if there are no more stops.”
Discuss how you did and a key takeaway from this activity? Were there any actions that were
Key surprising? Check your work here.
Local I actually got them all right! My takeaway was that this activity was used to demonstrate how local,
State state, and Federal government come together in our everyday lives. We don’t realize most of thsi
Federal stuff but it is all integrated!

Concurrent
Advantages of Federalism
States can use their constitutional authority to try out new policies that might
eventually be used in other states and at the national level.

There are 2 levels of government with the capacity to take action. If a desired policy or
goal fails at one level, then it is possible to take action at the next level.

The system of checks and balances often prevents the federal government from
imposing uniform policies across the country. This gives state and local governments
authority to implement policy based on the needs of its citizens.
Disadvantages of Federalism
Race-to-the-bottom dynamics (i.e., states compete to attract business by lowering taxes
and regulations)

Economic disparities among the states.

There are also huge disparities in school funding across states. In 2013, New York spent
$19,818 per student for elementary and secondary education, while Utah spent $6,555

Health-care access, costs, and quality vary greatly across states.

Federalism has tended to obstruct national efforts to effectively even out social
disparities.
Final Discussion In contemporary politics who might agree with John Marshall's beliefs on
federalism? Who might disagree with them?
I would say former President Trump would probably agree with John Marshall’s beliefs. I
think they both like the supremacy of the federal government over the state, considering he
even caused a government shutdown. Someone who would disagree is probably governor
Greg Abbott. During the COVID-19 pandemic, he enjoyed enforcing his own mandates like
opening things back up faster than the rest of the country, and getting rid of masks sooner.

What do you see as the upcoming challenges to federalism in the next decade? Choose an issue and outline
how the states and the federal government could respond (Response should be at least 150 words).
If we face another pandemic, one even worse than the one we are in right now, it can definitely cause issues. With so many striking
opinions it is hard to come to a solution across the country. Many red states for example wanted to wanted to get rid of masks
sooner, where in states like New York, people mostly disagreed. At the same time, citizens of some states wanted to ease restrictions
so the economy can stabilize and bring jobs back, while other states were prioritizing the quarantine and keeping the virus under
control. To make a decisions on subjects like this are highly variable, and may cause interference between state and Federal
governments. If the Federal government enforces a nationwide lockdown, most people of some states may disagree, and would rather
have the state enforce it a different way. This is definitely a possible entanglement of the future.
 Any Questions?
Not at the moment.
 Answer Key
The following narrative contains 8 underlined examples of local, state, and Federal government
power. Use the key to highlight each example as a state, local or Federal power.
The best part of getting your driver’s license (1) is the day you finally get to drive to
school(2). I grabbed the car key from a basket by the front door and walked nervously out
to the driveway. “Hold it,”called my dad. “I had to renew the vehicle registration (3).
Please put the new sticker on the windshield for me.”
Driving down my neighborhood street (4) I felt free. This was much better than riding a
bike or waiting for the school bus (5). Several traffic lights (6) later I was driving down
FM 969 (7), when I got stuck behind a stopped commuter bus. I finally got onto I-35 (8)
and thought, “I can make to school on time if there are no more stops.”
Key
Local
State
Federal
Concurrent
 Expressed & Implied Reserved Powers
Answer Key
Powers (Fed) (State)
Concurrent
conduct
(Shared)
elections
Print money
Protect establish and
Declare war public health maintain
and safety schools
Establish a
post office Collect taxes Issue driver’s
licenses
set rules for Make and
immigration enforce laws Establish
local
regulate
Establish governments
interstate and
courts
foreign
Provide
commerce
police and
maintain an emergency
army, navy, services
and air force