Federalism- The doctrine underlying a system of government in which power is divided between the central government and constituent political sub units (Intergovernmental Relations, IGR). Confederation: league of two or more states that unite to achieve certain goals. (NATO, EU).

Unitary System of Government: sovereignty rest in the central government

Enumerated powers, Reserved powers, Concurrent powers

Implied Powers - Article 1:8 “Necessary and Proper Clause or the Elastic Clause” Relationship Between Federal Government and States:Supremacy Clause (Article 6) - McCulloch v. Maryland (1819)- Constitution trumps local law. (Opinion by: John Marshall)

FEDERALIST vs. ANTI-FEDERALIST- 1787 the new Constitution was published in order to be voted upon and ratified by the people. Those in favor of the new constitution were known as the Federalists. Those opposed gained the title “Anti-Federalists.”

- Federalists (John Jay, Alexander Hamilton, and James Madison) argued that a strong central government was needed in order to bring stability. Also, that there would be a distinct checks and balance system (federalism) that would be established between the central government and the states. - Anti-Federalists (Thomas Jefferson and Mercy Warren) argued for state’s rights and a formal Bill of Rights to be added to the Constitution.

- James Madison proposed a 12-amendment Bill of Rights in 1791 and each amendment passed easily.

Marbury vs Madison- this court case gave birth to the judicial review (the right to review acts of Congress and the president and also to decide whether these laws are constitutional or not and to strike down those laws that conflicted with constitutional principles). JR is the most significant power of the Supreme Court. JR has extends to apply to laws passed by state legislatures and executives as well.

Relationships Between the States (horizontal federalism)- Extradition-Privileges and Immunities full faith and credit clause (Article 4 Section 1) - Gay Marriage/ Civil Union

Evolution of Federalism- Dual Federalism (1789-1932): Where the state and federal government operate independently. This system was due out of fear of having a neo-monarchy. Neither knew what the other was doing and this led to overlapping/conflicting agencies, laws, and bureaucracies.

- Cooperative Federalism (1932-1963): A response to the Great Depression (1929). FDR began to impede upon the state’s reserved powers (Intergovernmental transfers) in order to help stabilize the economy.

- Centralized Federalism (1963-1969): LBJ initiated this new form of federalism where the National Govt. imposed their policies upon the states through “strings-attached” grants and funding. Nixon fought this new federalism with “devolution”.