1. Pre Class
Decisions Parents or Decisions Teenagers and Decisions Teenagers
Guardians Might Make Parents/Guardians Might Make
Might Make Together

3. F
E
D
E
R
A
a way of
L organizing
a nation so
I that all
S power
resides in
M the central
government
Example:
a “loose” Great Britain
friendship with
limited central
gov’t…
*Think: Articles of
Confederation or
the UN!

4. Who has the power?
 Directions: For each statement, indicate if you think it is a
power of the National government, power of the state
governments, or power that is shared between the two.
 N = national (federal) power
 S = state power
 C = concurrent power – shared by state and national
government

5. Pre Class
Finish filling in your federalism
chart from yesterday!

7. The common person (such as artisans, shopkeepers, and
farmers) should take an active role in government.
It is important to challenge the government, even if it
leads to revolution.
The presidency should be a position that meets the wants
and needs of the people.
The Supreme Court should have the ability to interpret
laws passed by the federal and state governments.

8. What does the Constitution say?
The laws & treaties of the national govt are
SUPREME (SUPREMACY CLAUSE)
BUT
10th amendment - the national govt. cannot
usurp state powers!!

9. National Powers
 Delegated Powers – powers in the Constitution that are given
to the national govt
 Expressed/enumerated powers
 Implied powers – not specifically listed
 Ie. Draft people into the armed forces
 Based on necessary and proper clause (elastic clause)
 Inherent Powers – powers exercised simply because it is a
govt
 Control immigration, establish relations with other
countries

10. State Powers
 Reserved powers – those which are reserved for the
states, though not written in the Constitution
 Powers “not delegated to the US by the Constitution,
nor prohibited by it to the states”
 States have authority over matters not in the
Constitution (ie. Public education)

11. Concurrent Powers
 Those which are shared between the national and
state govts

13. supremacy clause – state laws
cannot conflict with national law;
bound to the US Constitution
What happens when states go
against federal law??

14. Reaction to Brown v. Board:
The Little Rock Crisis
 AK’s gov. sends
Natl Guard to
keep students
out of Central
High
 Eisenhower’s
response:
 AK National
guard and
paratroopers
sent to Central
High to escort
students
Members of the 101st Airborne escort the Little Rock 9 into school.

15. Eckford didn’t
receive the call
from the NAACP
stating they
would provide
transportation;
she set out alone
to desegregate
Central High.
As white students jeer her and Arkansas National Guards look on, Elizabeth Eckford
enters Little Rock Central High School in 1957

16. Denied Powers
 things the govt CANNOT do
 National Govt CAN’T
 Tax exports
 interfere with states’ ability to carry out
responsibilities
 State Govts CAN’T
 Makes treaties/alliances with foreign countries
 States MUST
 Have approval of Congress to collect import/export
taxes or make inter-state compacts

17. Guarantees to the States
 Republican form of govt – all states must have a
representative government; each time a member of
Congress takes their seat, this is reinforced
 Protection – from domestic unrest and foreign invasion
 Territorial integrity – national govt cannot take a piece of
the state’s territory when creating new states

18. Pre Class
 What is the difference between
delegated and reserved powers?
 Give an example of each!

19. Interstate Relations
Responsibilities of states:
 Full faith and credit – must respect each other’s civil laws (ie.
Marriages, wills, birth certificates)
 Privileges and immunities – right to pass through or live in a
state, use the courts, make contracts, buy, sell and hold
property
 Extradition – must return criminals/fugitives who flee across
state lines to escape justice
Interstate Compacts – agreements between states
Lawsuits between States heard by Supreme Court

20. Growing National Government
Remember the ELASTIC CLAUSE allows Congress
to STRETCH its powers!!
 War Powers – natl govt can be active in education
and the economy in order to carry out national
defense
 Commerce Power – producing, buying, selling,
transporting goods, Civil Rights Act 1964 –
banned discrimination in hotels, restaurants, etc.
 Taxing Power – income tax (1913), ; Social
Security tax, sin taxes (ie. Tobacco)

21. A Sin Tax at work - cigarettes
 2009 – tax on cigarettes rises 65 cents per pack
 55 percent of smokers are considered to be "working poor."
 One in four smokers lives below the poverty line.
 On average, smokers, whose median income is a little more
than $36,000, make about 30 percent less than non-smokers.
 Using numbers from the 2000 census, there are approximately
218 million people age 18 and over in the United States. If 21
percent of those people smoke one pack of cigarettes per day,
the federal government will collect an additional
$10,360,014,000 per year.
 Congress created this tax to pay for the expansion of the State
Children's Health Insurance Program (SCHIP), a program
originally designed to provide aid to impoverished children.

22. How does the national govt. influence
the policies of the states?
 By providing federal grants of money
 By mandating, or requiring, state and local govts to follow certain
policies
 Federal grants – money that comes from federal tax dollars that
is allocated (given) to the states for specific purposes
 Help reduce inequality among wealthy and less wealthy states
because wealth is redistributed
 **come at a price – states have to meet certain conditions in order
to get the money!!
 Preemption laws – when the federal govt takes over the function
of a state govt

23. Can limit states’
powers
OR can mandate that
states do certain
things

24. “He who pays the piper calls the tune”
Why is the national drinking age 21??
The short answer to this question is because Congress passed
the National Minimum Drinking Age Act of 1984 (Title 23
U.S.C. §158) which essentially said to the states:
 If you (states) want the federal money you’re entitled to
for your roads and transportation systems, then you will
raise your minimum drinking age to 21 years old.
 This is an example of an unfunded mandate – requires
state govts to perform a certain action with no money
provided for fulfilling the requirements

25. Where does the money go in PA?

26. Use our study of federalism to list advantages
and disadvantages in a chart like the one below.
Advantages Disadvantages
 Limits abuse of power because • It is difficult to
power is divided between communicate in cases of
national, state and local govt emergency – ie. Hurrican
 Gives more power to Katrina
minorities • Voters become fatigued –
 States/local govts have a say don’t understand all of the
 National govt can use states as
positions they are voting
“laboraties” to test out what for at the local, state and
works – ie. marijuana national level
 National govt can focus on big • Promotes selfishness
issues – not Wawa’s in among the states
Abington!

27. STOP HERE!
We didn’t go any further in our
notes

28. Fishbowl Directions
 Each group will spend time in the “fishbowl” discussing
their topic, while the rest of the class observes
 The class should record notes on their handout while each
group discusses
 At the end of the conversation, the rest of the class may
join in the discussion
 Topics:
 Medical marijuana
 Physician assisted suicide
 National School Test

29. Medicinal Marijuana
 Monson's Argument: Under California's 1996 Compassionate Use Act, Monson
argued that it was legal for her to grow and smoke marijuana with her doctor's
permission. Monson claimed that the federal government's intervention exceeded
its constitutional power. California had the right to legalize the use of marijuana
for medical purposes grown within the state and not sold to anyone. In addition,
she argued that the state has the right to monitor the health and well-being of its
citizens. She also stressed that her activities were noneconomic, and therefore the
Commerce Clause did not apply.
 Federal Government's Argument: The federal government took the position that it
had the right to intervene because of its constitutional power to regulate
interstate commerce. The Bush administration felt that medicinal marijuana use
could affect the price and quantity of the substance on the black market. As a
result, the government must strongly regulate the use of the drug to protect the
public's health and safety.
Court's Decision: In a 6-3 decision, the Supreme Court ruled in favor of the federal
government's right to regulate marijuana. The case was Gonzales v. Raich.

30. Physician Assisted Suicide
 Oregon's Argument: There are two main arguments for the state of
Oregon. In 1997, the Supreme Court declined to decide if there was a
constitutional right to physician-assisted suicide after hearing arguments
for two "right to die" cases that year. Through the Court's ruling, it was
suggested that the issue should be left to the states. Oregon also argued
that it is within its rights to regulate the medical community within the
state, including how drugs are prescribed under the national Controlled
Substance Act of 1971.
 Federal Government's Argument: The federal government suggested that
Congress never envisioned that the Controlled Substance Act of 1971
would be used as a tool for assisted suicide. In addition, the federal
government has the right to regulate controlled substances under the act,
and any state laws must yield to the national guidelines set forth.
Court's Decision: In a 6-3 decision, the Supreme Court ruled in favor of
Oregon, stating that the Controlled Substances Act did not dictate how a
doctor prescribed medicine.

31. National School Test
 State Governments' Argument: Some Republicans have argued
that federalism grants the right to establish educational
standards to the states. States should be able to determine
content standards, methods of instruction, and assessment
tools.
 Federal Government's Argument: Those in support of a
nationally mandated test argue that it would not impinge on
federalism, but would only alter the application of the concept.
States would still have influence on their educational system,
just under national guidelines.
Court's Decision: As of 2006, the idea of a national test was still
in the discussion stage. No law has been passed or tested in the
courts.

32. Video – US v. the States
 What would our national government look like today if it
possessed only the enumerated powers?
 What kinds of powers should be held by the states alone?

33. Ex: Jim Crow (segregation) laws –
in the original Constitution, states
could determine voter eligibility.
Southern states used poll taxes
and literacy tests to deny blacks
the right to vote until the 1960s.
In 1896, Plessyv. Ferguson
legalized segregation (“separate
but equal”). After Brown v. Board,
states had to desegregate.
Dual Federalism (“Layer cake”)
•National and state governments
are co-equal
•National govt only has a say if the
Constitution grants it
•Most power goes to the states

34. Ex:
Brown v. Board (54) – states said national
govt took away their rights by striking down
segregation
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).
Cooperative Federalism (“marble cake”) - 1930s –
present
•National govt is supreme over the states and
intervenes in areas that were traditionally left to the
states
•Loose interpretation of Constitution
•National and state govts share power and costs:
education, social programs, transportation, civil
rights, response to national emergencies
•States follow federal guidelines

35. What does dual and
cooperative federalism
have in common with layer
and marble cakes?

36. 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. You will be given
four scenarios that are based on real life situations. You group’s
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:
 Identify what tasks need to be carried out to address the problem.
 Identify what level(s) of government, federal, state or local, is
responsible and/or best
 equipped to resolve the problem.
 Provide clear rational for each of your choices.

37. Understanding Federalism

38. Understanding Federalism

39. Understanding Federalism

41. Fiscal Federalism
 Definition: The pattern of
spending, taxing, and
providing grants in the federal
system; it is the cornerstone
of the national
government’s relations with
state and local governments

42. Summary
 American federalism is a governmental system in which power
is shared between a central government and state
governments.
 The United States has moved from dual to cooperative
federalism
 Federalism leads to both advantages and disadvantages to
democracy.