Unit 2: Federalism

Term: Definition: Illustration:Delegated Powers

Expressed Powers

Concurrent powers

Reserved powers

Supremacy Clause

The Tenth Amendment

The first ten amendments to the U.S. Constitution are also called the Bill of Rights and were added to the Constitution as a compromise between those who favored a strong central government and those who wanted to preserve the rights of the states. Without the addition of the Bill of Rights, the Anti-Federalists, those who supported states’ rights, were concerned that too much power would be granted to the national government.

Read the Tenth Amendment and answer the following questions based on your interpretation:

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,

respectively, or to the people.

1. In your own words, what does the Tenth Amendment say about the rights of the national government? The rights of the states?

2. How does the division of powers between state and federal governments satisfy the concerns about states’ rights?

Government Powers: National, State or Local?

For each of the governmental powers listed below, determine if the power belongs to national, state, or local government. Some services may belong in more than one category. Give an example to support your choice.

N S L Example(s)

1. Determine when, where, and how elections will occur.

2. Collect taxes

3. Provide water and sewage services

4. Coin money

5. Make and enforce laws

6. Declare war

7. Make treaties with foreign countries

8. Provide police protection

9. Establish noise ordinances (regulations)

10. Remove trash

11. Run public schools

12. Set standards for public schools

13. Maintain a military

14. Regulate commerce (trade) within a state

15. Regulate commerce between states

16. Regulate commerce with foreign nations

17. Establish courts

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Federalism

In this lesson we will identify and describe:

1. The Roots of the Federal System2. The Powers of Government in the Federal System3. The Evolution and Development of Federalism4. Federalism and the Supreme Court

The Roots of the Federal System:

The Framers worked to create a political system that was

The three major arguments for federalism are:

o

o

o

Federalism Defined: Federalism is a __________________ ___________________ in which -

___________________ is divided and ____________________ between the national/central

government and the _____________________ (regional units) in order to _________________ the

power of ______________ government. Now there are ____________ governments.

The Powers of Government in the Federal System

The distribution of powers:

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1.

2.

3.

4.

5.

6.

Denied Powers:

o Article 1 Section 9 _________________________ certain powers to the ________________

government

o I.E. cannot suspend writ of habeas corpus or

o Article I, ______________________ denies certain powers to ____________________

o I.E. cannot declare war or

Relations Among the States:

o The Framers wanted a single country, not 13 squabbling semi-countries (REMEMBER THE

ARTICLES DID NOT WORK!)

o Article IV requires states to:

o Give “full faith and credit” to each others’ laws and legal proceedings (i.e.

________________________________________________________________

________________________________________________________________)

o ___________________________ those accused of crimes in other states

o Guarantee ____________________________ & __________________________ to all

citizens in all states (i.e. __________________________________________________

_____________________________________________________________________

_____________________________________________________________________)

2 C’s (something cool and something confusing):

Cool:

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Confusing:

FEDERALISM NOTES CONTINUED

#3: The Evolution & Development of Federalism

The _____________________, or division, of powers in our federal system has

_______________________ dramatically over the years.

The Supreme Court, in its role as _________________________ of the Constitution, has been a major

player in the __________________ of the federal system.

Some early cases that addressed federalism include:

o _______________________________________

o _______________________________________

o _______________________________________

McCulloch (1819) : was the first major decision by the Supreme Court under Chief Justice

____________________________________ about the _____________________ between the states

and the national government.

o The Court _________________ the power of the national government to establish a

_________________________ and _______________ the right of a state to _________ the

national bank. “The power to tax is the power to destroy.”

o The Court’s ____________________________________ of the necessary and proper clause

(or “needed and appropriate”) paved the way for later rulings

______________________________________________.

The Gibbons (1824) case also focused on the relationship between the states and the powers of

Congress.

o Could New York grant a ____________________ of ________________________ to a

company on the Hudson River?

o The Hudson River forms part of the ____________ between New York and New Jersey.

o U.S. _____________________ had also ______________________ a ship to sail the Hudson.

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Note 1: With court cases, you abbreviate “versus” with only a “v.,” NOT “vs.” (It’s not a UFC match.) In a case between Ms. Ottenberg and Dakota Fanning, the case would be referred to as “Ottenberg v. Fanning.”

Note 2: If you are going to refer to the Supreme Court as just the “Court,” then you capitalize. If you see “Court” in your notes, it means the Supreme Court.

o The main ___________________________ question in Gibbons was about the ____________

of Congress’ authority under the ____________ _______________________ (Article I, Section

8, clause 3: “to regulate commerce with foreign nations, and _______________ the several

_______________, and with the Indian tribes.”)

o In Gibbons, the Court upheld ________________ congressional power over

___________________________________, giving ______________ authority to grant an

operational license to Congress.

Dred Scott v. Sandford ( 1857) : The Supreme Court ______________________ the idea of

__________________________________ in which separate but equally powerful __________ of

government is preferable, and the national government _______________________________ exceed

its enumerated powers.

The Court held that Mr. Scott was not a U.S. citizen, nor were any people of African descent, and

therefore not entitled to sue in federal court and Scott remained ________________________.

Chief Justice Roger Taney also wrote that Congress had no power to ________________ slavery in

the territories and slaves were ______________ __________________ protected by the

______________ Amendment: “…no person…shall be deprived of life, liberty, or ____________,

without due process of law.”

This was a __________________ interpretation of the power of the federal government.

The Civil War and Beyond:

______________________________________ remained the framework for federalism in

Reconstruction and Progressive Eras. States actually believed they could __________________ (void)

federal laws they disagreed with.

Dual federalism finally ended in the 1930s and ___________________________

______________________ began when the crisis of the Great Depression demanded

___________________ actions from the federal government. The federal government needed the

_______________ to _________________ numerous New Deal policies and so the relationship

changed. _____________, in turn, needed _______________ from the federal government.

Post FDR- Today:

____________________ Federalism replaced the idea of ___________ federalism.

Because of New Deal policies, the federal government became more ________________ in domestic

______________ and __________________.

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States are required to carry out, or implement, laws and therefore, they rely on the federal government

for money.

Cooperative federalism is sometimes referred to as ______________________ federalism. The

federal government, states, and even ____________ have roles that overlap and ________ together.

Grants-in-aid money flooded states for ______________ works projects, work _________________,

relief agencies, and ________________________ programs. (For instance:

_________________________________________

_____________________________________________________________.)

Creative (Regulated) Federalism; 1960s-1970s

General ____________________ Sharing (they can choose where to spend the money) &

________________ grants (money for a specific purpose, like schools or roads) were general,

___________ funds that gaves states money for their needs (i.e. education, transportation, urban

development, etc.), but the ___________________________ and _____________ expenses of the

Cold War, as well as _____________________________________ under President Lyndon B.

Johnson (“LBJ”) caused the government to become more __________ about how states used money.

They had begun to _______________ more __________ than they brought in (________________

spending).

Increase in ______________________ grants: allocation of federal __________ to the states for a

______________________ purpose (i.e. aid to parents with dependent children, airports, highways,

technology in schools)

Federal leadership saw these grants as a way to ________________, or force, individual states to

________________ in ways _______________ by the federal government. If the states ___________

to _____________ with the federal government, it would ____________________ funds (e.g. interstate

highway funds and speed limit or drinking age)

New Federalism

Drastic ___________________________ in federal _______________ programs and income taxes in

an attempt to ____________________ the ________________ of the states. For the first time in thirty

years, federal aid to state and local governments _________________________. The idea was that

federal government had gotten _______ big. States should have more _______________________

and ___________________.

Today, this trend has _____________________ to some degree. ___________ and

___________________ components of categorical grants are more common and

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______________________, or legislation requiring states to carry out certain measures, are another

way for the federal government, to put responsibility on the states

#4: Federalism & SCOTUS

By the early 1900s, ________________________________ polls reported that Americans began to

think that the ____________________ government was too ___________, too ___________, and too

________ to understand their concerns or meet their needs.

SCOTUS, once again, played a role in _______________________ the ideas surrounding federalism.

They took more cases involving __________________, gun control, the environment, and the use of

the __________________________________.

Rehnquist Court- Reinterpreting Federalism:

Generally, under Chief Justice Rehnquist, SCOTUS gave ___________ power to the

_______________; the ________________ of power swung in power back to the states.

Webster v. Reproductive Health Services (1989) and Planned Parenthood v. Casey (1992): states can

pass _________________________ measures on _________________.

U.S. v. Lopez (1995): federal government ___________________ pass Gun Free Drug Free School

Zone Act based on _____________________________; ___________________ and safety laws have

traditionally been left up to the states.

U.S. v. Morrison (2000): federal government ___________________ pass Violence Against Women

Act based on interstate commerce clause; __________ ________ dealing with assault have been in

the states’ ____________________.

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WORD:

Revenue SharingDefinition: Example (picture or sentence)

WORD:

Full Faith & Credit ClauseDefinition: Example (picture or sentence)

WORD:

Interstate CommerceDefinition: Example (picture or sentence)

WORD:

Dual Federalism or Layer Cake Federalism

Definition: Example (picture or sentence)

WORD:

Cooperative Federalism or Marble Cake Federalism

Definition: Example (picture or sentence)

11COOPERATIVE FEDERALISM:

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COOPERATIVE FEDERALISM:

FEDERALISM

13 Federalism -

Characterics of American Federalism

You’ve got a blank space, baby.

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Key Events in the History of American Federalism

I. Dual Federalism

1801-1835 Nationalist Period. The Marshall Court dramatically increased the power of the federal government in relation to the states. McCulloch v. Maryland (1819) landmark court case establishing Congress’s establishment of a national bank using the “elastic clause.”

1835-1861 Dual Federalism and Nullification. Strong emphasis on states’ rights (Ex.: South Carolina’s Doctrine of Nullification re: the tariff and slavery. The Supreme Court becomes increasingly uncomfortable with the issue of federalism and slavery (Dred Scott Decision, 1857).

1861-65 American Civil War. The North’s victory determines that the federal government and constitution will reign supreme. However, the war does not resolve the conflict between federal and state authority. Battles will be fought over authority in voting eligibility, school desegregation, and caring for the nation’s poor. Morrill Act (1863) - 1st federal grants for land grant universities (e.g. VA Tech)

1876-1954 Jim Crow Laws. According to the original Constitution, states could determine voting eligibility. Southern states denied blacks their voting rights for many years until the federal government enforced the 14th, 15th amendments with force. Plessy v. Ferguson (1896) legalizes segregation.

II. Cooperative Federalism

1933-1939 Introduces FDR the “New Deal.” In response to widespread poverty and unemployment, Roosevelt Administration responds through a series of sweeping national programs such as social security, public works programs, etc. The Supreme Court eventually confirmed FDR’s right to actively intervene in areas traditionally left to states on the basis of the federal government’s Constitutional Right to regulate interstate commerce (Article I, Section 8 - “elastic clause”).

1954 Brown v. Topeka Board of Education. The Supreme Court mandated school integration. The southern states decry what they see as the federal government’s intrusion on traditional states’ rights.

1957 Little Rock, Arkansas. Arkansas Gov. Orval Faubus orders State National Guard to prevent black students from enrolling at all white Central High School. President Eisenhower responds by ordering federal troops to protect the black students and to enforce the Supreme Court’s Brown decision.

1964-1968 LBJ and the “Great Society.” Johnson administration introduces a far-reaching domestic program to fight poverty and civil rights violations. LBJ administration enacts Medicaid and other programs which involve Federal oversight of state governments.

1970 Nixon Administration Builds on “Great Society.” New federal programs continue the expansion of the federal power over states and localities. Clean Air and Water Acts are enacted in the form of direct orders. Others are funded through “block grants” which give states more discretion over spending.

1980s Reagan and “New Federalism.” Reagan attempts to limit the powers of the federal government to impose its policies on state governments -- Devolution. However, as the budget deficit begins to soar, the ability of the national government to fund state programs becomes limited. Mandates like the Americans with Disabilities Act are unfunded.

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1990s Clinton Administration Declares “The era of big government is over.” Clinton and a Republican dominated Congress shift the responsibility of welfare away from the federal government to the states in the form of block grants with strings attached.

2000s George W. Bush and the “9-11 Era.” Greater federal control over law enforcement, education, and security (examples No Child Left Behind Act, USA Patriot Act).

On a separate sheet of paper, select at least ONE (1) topic below and create a visual aid to represent the era. This may be a collage, poster, or brochure.

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Whose Problem is it - Federal, State or Local Government?

The problems faced by all levels of government in modern life can be staggering and even overwhelming. Below are four scenarios that are based on real life situations. You groups task is to address the problems and decide which level of government or combination thereof, would best handle the problem.

Directions: Read each scenario carefully and address the following: 1. Identify what tasks need to be carried out to address the problem.2. Identify what level(s) of government, federal, state or local, is responsible and/or best equipped to

resolve the problem.3. Provide clear rational for each of your choices.

Scenario 1 The Chattahoochee river near Atlanta, Georgia has become polluted from industrial pollution, human waste and debris. The city has so far been unable to effectively clean the river. As a result, the fish are dying, the river is trash infested, water has turned a brownish color, and stench from the river has caused nearby residents to complain. This polluted water has begun to contaminate drinking water in the city. Whose problem is it?

Scenario 2 The District of Columbia's public school buildings are in poor condition. Buildings are old and falling apart, roofs are leaking, air, heat, and sewer systems need repair. The problem is so bad, schools did not open on time. National standardized test scores of DC students are some of the lowest in the country, and many of the District’s schools are in non-compliance with No Child Left Behind. Yet because of the building problems, curriculum development and improvement is now last on the priority list for DC public schools. Whose problem is it?

Scenario 3In many American cities , the AIDS crisis continues with a disproportionate number of new infections greatest among the poor. The African-American community in particular has been hit hard by the AIDS epidemic (41% of all AIDS cases in the U.S.), with Black women emerging as the highest at risk group. AIDS is the second leading cause of death for Americans between the ages of 25 and 44. Whose problem is it?Source: http://www.mba.wfu.edu/futurefocus/winter2001f9.html

Scenario 4A major earthquake has erupted near Los Angeles, California causing widespread damage. Sections of major freeways collapsed, parking structures and office buildings collapsed, numerous apartment buildings suffered irreparable damage, over 1 million people without power and water, with hundreds feared dead or injured. Whose problem is it?

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Artist: Jeff DanzigerDate: September 6, 2005

Source: http://cartoonbox.slate.com/1. Describe what’s going on in the political cartoon. (Who? What? When? Where?)

2. Identify any symbols (ex: an elephant to represent the Republican Party) portrayed in the cartoon and analyze what they represent.

3. What is the artist’s message in the cartoon? What do you think is its purpose?

4. Do you agree or disagree with the cartoonist's message? Explain your answer.

5. What does this cartoon say about federalism and crisis management?

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Federalism “Mini” Quiz Study Guide1. Be able to define the following terms: federalism, dual federalism (“layer cake”),

cooperative (“marble cake”) federalism, concurrent powers, and reserved powers.a. Federalism:

b. Dual Federalism:

c. Cooperative (“marble cake”) federalism:

d. Concurrent powers:

e. Reserved powers:

2. What is the “full faith and credit clause?”

3. What is the “necessary and proper clause?”

4. Know the significance/outcome of each of the following Supreme Court cases:a. McCulloch v. Maryland:

b. Gibbons v. Ogden:

c. Dred Scott v. Sandford:

d. Webster v. Reproductive Services:

e. US v. Morrison:

f. US v. Lopez:

A Case Study: Terrorist Attacks on September 11Federalism and Crisis Management

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Directions - The awesome and terrible events of September 11, 2001 in New York and Washington elicited a multitude of responses from the federal, state and local governments. This activity will allow you to get a real sense of the "marble cake" image of federalism as well as to develop an understanding of the choices that government leaders have to make. Particularly in crisis situations, the levels of government must sometimes depend on each other. As a class, we will brainstorm all the tasks the governments at the local, state and federal levels are facing in the wake of this tragedy, and devise strategies to attack the crisis.

1. The class will be divided into small groups. Each group will represent one level of government: national, state, and local.

2. We will then divide into "government level" groupings. The original groups, representing the various levels of government will then merge. At this point, the government level groups will discuss the tasks to be performed and produce a chart with five headings:

a. Prioritized list of tasks (before, during, and after the attacks)b. Responsible agencies and organizationsc. Private or non-profit organizations involved or neededd. Resources requirede. Anticipated problems and recommendations to fix them

3. Presentations: Each government group will present their findings to the rest of the class. Other groups may ask questions and make comments.

4. Debriefing: After the presentations, the class will discuss the questions below.a. Identify the tasks that most be shared by all three levels of government. How should coordination

occur to carry out these tasks (i.e. who’s in charge)?b. Identify the tasks that could/should only be carried out by the local, state or federal governments.c. What generalizations can you make regarding a domestic terrorist attack and it’s impact on

American federalism?d. As an “expert” representing your level of government, if you were asked to testify before Congress,

what recommendations would you make to assist in America’s preparedness in the future for a terrorist attack?

Government Agencies Responding to a Domestic Terrorist Attack

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Federal Government (includes the President, White House Staff, Cabinet Secretaries, Congress, Independent Agencies)

Bureau of Alcohol, Tobacco and Firearms and Explosives – Investigates and enforces federal laws and regulations regarding firearms, explosives and arson.

Central Intelligence Agency – Obtains and analyzes information about foreign governments, corporations, terrorist cells and individuals.

Department of Defense – Coordinates military response and assists FEMA and National Guard after a terrorist attack for security.

Department of Health and Human Services - Deploys U.S. Public Health Service Officers to effected areas on standby for deployment to support medical response.

Department of Homeland Security – Protects American people from harm and its property from damage, and manages federal assistance and provides resources to effected areas.

Department of Labor – provides disaster unemployment assistance and National Emergency Grants and assists in job recovery programs.

Department of State – Communicates with other countries and international organizations like the U.N. to coordinate assistance and foreign cooperation through diplomatic channels.

Federal Bureau of Investigations – Acts as the federal police force whose primary purpose to detect and investigate crimes against the United States.

Federal Emergency Management Agency (FEMA) – Provides supplies, equipment, financial assistance to victims and Disaster Medical Assistance Teams to areas domestic terrorist attacks.

National Security Agency – Collects and analyzes message communications. Secret Service – Provides primary protection for the President, Vice-President and high ranking government officials. U.S. Coast Guard – Provides aircraft, patrol boats and cutters to conduct search, rescue and humanitarian aid

operations.State Government (includes the Governor, State Legislatures and Agencies)

National Guard – Though a federal entity, may be called by governors to provide search and rescue, assisting local law enforcement, and supplies to victims.

State Department of Health – assists in disease control, and management of public health crisis in effected areas. State Emergency Management Agencies – helps to coordinate shelters, supplies, health care, transportation for

recovery efforts. State Police – state law enforcement.Local Government (includes Mayors, Municipal or County Boards or Councils, Agencies)

Local Emergency Services – first responders to medical emergencies. Local Fire Department – first responders to carry out search and rescue operations. Local Law Enforcement – police, sheriff departments with primary law enforcement responsibility. Local Public Transportation (buses, trains, subways) – transportation for possible evacuation. Social Services – provides assistance to families, individuals in need.

Private or Non-Profit Organizations

American Red Cross – provides temporary shelter, supplies, relief workers and support to disaster victims. The Salvation Army - provides services (food, clothing, etc.) to survivors and first responders in the effected areas.

A Case Study: Hurricane Katrina and Its Aftermath

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Federalism and Crisis ManagementDirections - The awesome force and powerful destruction of Hurricane Katrina on August 29, 2005 left much of the Gulf Coast in ruin and precipitated an almost unprecedented national emergency, particularly in the city of New Orleans. The events before, during and after the hurricane elicited a multitude of responses from the federal, state and local governments. This activity will allow you to get a real sense of the "marble cake" image of federalism as well as to develop an understanding of the choices, sometimes very difficult ones, that government leaders have to make. Particularly in crisis situations, the levels of government must sometimes depend on each other. As a class, we will brainstorm all the tasks the governments at the local, state and federal levels are facing in the wake of this tragedy, and devise strategies to attack the crisis.

5. The class will be divided into small groups. Each group will represent one level of government: national, state, and local.

6. We will then divide into "government level" groupings. The original groups, representing the various levels of government will then merge. At this point, the government level groups will discuss the tasks to be performed and produce a chart with five headings:

f. Prioritized list of tasks (before, during, and after the attacks)g. Responsible agencies and organizationsh. Private or non-profit organizations involved or neededi. Resources requiredj. Anticipated problems and recommendations to fix them

7. Presentations: Each government group will present their findings to the rest of the class. Other groups may ask questions and make comments.

8. Debriefing: After the presentations, the class will discuss the questions below.e. Identify the tasks that most be shared by all three levels of government. How should coordination

occur to carry out these tasks (i.e. who’s in charge)?f. Identify the tasks that could/should only be carried out by the local, state or federal governments.g. What generalizations can you make regarding a natural disaster and it’s impact on American

federalism?h. As an “expert” representing your level of government, if you were asked to testify before Congress,

what recommendations would you make to assist in America’s preparedness in the future for a natural disaster?

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Government Agencies Responding to a Natural Disaster

Federal Government (includes the President, White House Staff, Cabinet Secretaries, Congress, Independent Agencies)

National Hurricane Center – Tracks, names and predicts the likely behavior of tropical storms and hurricanes and issues appropriate watches and warnings to the public.

Department of Homeland Security – Manages federal assistance and provides resources to effected areas.\ Federal Emergency Management Agency (FEMA) – provides supplies, equipment, financial assistance to victims

and Disaster Medical Assistance Teams to areas hit by natural disasters. U.S. Coast Guard – provides aircraft, patrol boats and cutters to conduct search, rescue and humanitarian aid

operations. U.S. Army Corps of Engineers – Plans, designs, builds and operates dams, levees and other civil engineering

projects. Department of Health and Human Services - deploys U.S. Public Health Service Officers to effected areas on

standby for deployment to support medical response. Department of Transportation - dispatches trucks deliver millions of meals ready to eat, water and supplies, mobile

homes, generators, etc. to effected areas; assists in long-term repair/rebuilding of roads and other transportation infrastructures.

Department of Agriculture - coordinates damage assessments to area crops, livestock, and other agriculture-related operations.

Department of Defense - Assists FEMA and National Guard after disaster declarations are issued for assistance in security, clean-up,

search and rescue. Department of Labor – provides disaster unemployment assistance and National Emergency Grants and assists in

job recovery programs.

State Government (includes the Governor, State Legislatures and Agencies)

National Guard – though a federal entity, may be called by governors to provide search and rescue, assisting local law enforcement, and supplies to victims.

State Department of Health – assists in disease control, and management of public health crisis in effected areas. State Emergency Management Agencies – helps to coordinate shelters, supplies, health care, transportation for

recovery efforts. State Department of Education – help displaced school children and teachers integrate back into other schools. State Police – state law enforcement.

Local Government (includes Mayors, Municipal or County Boards or Councils, Agencies)

Local Law Enforcement – police, sheriff departments with primary law enforcement responsibility. Local Fire Department – first responders to carry out search and rescue operations. Local Emergency Services – first responders to medical emergencies. Local Public Transportation (buses, trains, subways) – transportation for possible evacuation. Social Services – provides assistance to families, individuals in need.Private or Non-Profit Organizations

American Red Cross – provides temporary shelter, supplies, relief workers and support to disaster victims. The Salvation Army - provides services (food, clothing, etc.) to survivors and first responders in the effected areas.

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