The Challenges of Modern Federalism
New York, September 2001 New Orleans, August 2005
1. The Roots of the Federal System
• The Framers worked to create a political system that was halfway between the failed confederation of the Articles of Confederation and the tyrannical unitary system of Great Britain.
• The three major arguments for federalism are: 1. the prevention of tyranny; 2. the provision for increased participation in politics; 3. and the use of the states as testing grounds or
laboratories for new policies and programs.
The Federal Government has
expressed powers specifically granted in the Constitution (tax, regulate commerce,
declare war, etc.)
The Federal Government has
implied powers from the necessary & proper
clause or “elastic clause” (ex: create a
national bank) The 10th Amendment
reserves powers to the states (ex: education, law enforcement, etc.)
The U.S. Constitution is the supreme law
of the land (National Supremacy
Clause)
What does duel federalism have in common with a layer cake?
What does cooperative federalism have in common with a marble cake?
Political Cartoon #1 Title: Another Perfect Storm
Artist: Jeff Danziger Date: September, 2005 http://cartoonbox.slate.com/
Political Cartoon #2 Title: Disaster Response
Artist: John Trever, The Albuquerque Journal Date: September, 2005
Political Cartoon #3 Title: Homeland Security
Artist: Mike Keefe, The Denver Post Date: September, 2005
Political Cartoon #4 Title: Cleanup
Artist: Cam Cardow, The Ottawa Citizen Date: September 5, 2005