3The Federal System

Trace the roots of the federal system and the Constitution’s allocation of powers between the national and state governments

Determine the impact of the Marshall Court on federalism

3.1

3.2

3Learning Objectives

Describe the emergence and decline of dual federalism

Explain how cooperative federalism led to the growth of the national government at the expense of the states

3.3

3.4

3Learning Objectives

Describe how the federal budget is used to further influence state and local governmental policies

Explore the role of the judiciary as arbiter of federal–state conflicts

3.5

3.6

3Learning Objectives

Roots of the Federal System

National Powers Under the Constitution

State Powers Under the Constitution

Concurrent Powers Under the Constitution

Powers Denied Under the Constitution

Interstate Relations Under the Constitution

Local Governments Under the Constitution

3.1

National Powers Under the Constitution

Enumerated powers Coin money Conduct foreign relations Provide for army and navy Declare war Collect duties and taxes

Necessary and proper clause (elastic) Enact laws for exercising enumerated powers Implied powers

Supremacy clause

3.1

FIGURE 3.1: Where does governmental authority come from?

3.1

State Powers Under the Constitution

State powers not enumerated

Tenth Amendment Reserved powers

3.1

Concurrent Powers Under the Constitution

Overlapping powers Power to tax Borrow money Establish courts Charter banks Spend money for general welfare

3.1

FIGURE 3.2: How is governmental power distributed in the federal system?

3.1

Powers Denied Under the Constitution

No state favoritism

No titles of nobility

Bills of attainder

Ex post facto laws

3.1

Interstate Relations Under the Constitution

Supreme Court settles disputes

Full faith and credit clause

Privileges and immunities clause

Extradition clause

Interstate compacts

3.1

FIGURE 3.3: How many governments exist in the United States?

3.1

a. The states

b. The people

c. The president

d. The federal legislature (Congress)

3.13.1 What is the source of governmental authority in the U.S. federal system?

3.13.1 What is the source of governmental authority in the U.S. federal system?

a. The states

b. The people

c. The president

d. The federal legislature (Congress)

Federalism and the Marshall Court

Defining National Power: McCulloch v. Maryland (1819)

Affirming National Power: Gibbons v. Ogden (1824)

Limiting the Bill of Rights: Barron v. Baltimore (1833)

3.2

Defining National Power: McCulloch v. Maryland (1819) First Court decision to define national

and state government relationship

Could Congress charter a bank?

Could states tax it?

3.2

Affirming National Power: Gibbons v. Ogden (1824)

Congress’s authority under commerce clause disputed Power to regulate just products or commercial activity too?

Ruling: Congress can regulate commercial activity New York had no authority to grant monopoly

3.2

Limiting the Bill of Rights: Barron v. Baltimore (1833)

Due process clause Guaranteed by Fifth Amendment Action by state, not federal, government caused

damages Federal government not at fault for state actions

3.2

3.23.2 Which Supreme Court cases restricted the powers of the national government?

a. Barron v. Baltimore (1833)

b. McCulloch v. Maryland (1819)

c. Gibbons v. Ogden (1824)

d. None of the above

3.23.2 Which Supreme Court cases restricted the powers of the national government?

a. Barron v. Baltimore (1833)

b. McCulloch v. Maryland (1819)

c. Gibbons v. Ogden (1824)

d. None of the above

States Assert Their Powers: Nullification

Nullification States declare federal laws invalid

Alien and Sedition Acts (1798) Unconstitutional

“Tariff of Abominations” (1828)

Southern states use nullification to resist anti-slavery laws

3.3

States’ Rights and the Dred Scott Decision

Dred Scott v. Sandford (1857) Slaves were property, not citizens Congress could not ban slavery in new territories Enhanced states’ power

3.3

Reconstruction and the Transformation of Dual Federalism

Nullification, dual federalism destroyed by Civil War

Reconstruction New state constitutions

Supreme Court limits state power Monopolies outlawed

3.3

How did the relationship between state and federal governments change after the Civil War?

3.3

Amending the National-State Relationship

Sixteenth Amendment Money is power

Seventeenth Amendment (1913) Direct election of senators

3.3

3.33.3 The theory that states can refuse to abide by federal laws violates what clause of the Constitution?

a. Supremacy clause

b. Necessary and Proper clause

c. First Amendment

d. Full Faith and Credit clause

3.33.3 The theory that states can refuse to abide by federal laws violates what clause of the Constitution?

a. Supremacy clause

b. Necessary and Proper clause

c. First Amendment

d. Full Faith and Credit clause

Cooperative Federalism: Growth of National Government Cooperative Federalism

Marble cake versus layer cake

Need for National Action Arises: The New Deal

3.4

Need for National Action Arises: The New Deal

Great Depression

New Deal programs increased federal authority States could not solve these problems on their own

Local government involvement

Constitutional challenges

3.4

3.43.4 What do we call the type of federalism that developed in the 1930s?

a. New Deal federalism

b. Progressive federalism

c. Layer cake federalism

d. Cooperative federalism

3.43.4 What do we call the type of federalism that developed in the 1930s?

a. New Deal federalism

b. Progressive federalism

c. Layer cake federalism

d. Cooperative federalism

Federal Grants to State and Local Governments

Categorical Grants

Block Grants

Programmatic Requests

3.5

Categorical Grants

Grants serve three purposes Provide funds Address national problems like clean air Redistribute funds between rich and poor states

Categorical grants are for specific purpose

3.5

Block Grants

Block grants less restrictive Give states more discretion in spending funds Devolution revolution

3.5

Unfunded Mandates

No Child Left Behind (2001)

Unfunded Mandates Reform Act of 1995

3.5

Who supported scaling back the federal government and increasing the use of block grants?

3.5

Programmatic Requests

Funds earmarked for specific projects within states

Secured by lobbyists or members of Congress for their districts Bringing the pork back home

3.5

3.53.5 How do block grants differ from categorical grants?

a. They provide less money to states.

b. They provide more money to states.

c. They have fewer restrictions on how they are spent

d. They have more restrictions on how they are spent

3.53.5 How do block grants differ from categorical grants?

a. They provide less money to states.

b. They provide more money to states.

c. They have fewer restrictions on how they are

spent

d. They have more restrictions on how they are spent

Judicial Federalism

The Rehnquist Court

The Roberts Court

3.6

The Rehnquist Court

Appointed by Reagan

Committed to states’ rights

Rolled back federal authority U.S. v. Lopez (1995)

3.6

The Roberts Court

Has decided with federal government Immigration Health care reform

3.6

3.63.6 From the New Deal until the 1980s, the attitude of the Court toward federal authority was

a. To expand it

b. To limit it

c. To expand it in one or two areas only

d. To keep the balance as the Framers

intended in the 1780s

3.63.6 From the New Deal until the 1980s, the attitude of the Court toward federal authority was

a. To expand it

b. To limit it

c. To expand it in one or two areas only

d. To keep the balance as the Framers

intended in the 1780s