chapter 3 federalism. learning objectives copyright © 2014 cengage learning 2 define federalism and...

CHAPTER 3CHAPTER 3FederalismFederalism

Learning ObjectivesLearning Objectives

Copyright © 2014 Cengage Learning2

Define federalism and compare it to other forms of government, including confederations and unitary systems of government

Explain how the Constitution differentiates between federal government powers, state government powers, and concurrent powers

Describe the powers accorded to Congress under Article I



Explain the significance of the supremacy clause, the preemption doctrine, and the full faith and credit clause of Article IV in distributing sovereignty

Define the five eras of American federalism and assess the role played by the Supreme Court in articulating state-federal relations during each era



Evaluate different forms of federalism (layer-cake federalism versus marble-cake federalism) in the modern era

Identify the advantages and disadvantages of federalism in terms of fairness and accountability

Congress and the Issues: Congress and the Issues: Then and NowThen and Now


State interests often spur legislation

Then: Slavery

Now: Immigration

What is Federalism?What is Federalism?


Federalism: political system in which power is divided between a central authority and constituent political subunits

Must sustain this division of power by whatever means possible



Greatest challenge is sovereignty Supreme political power of a government to

regulate its affairs without outside interference Sovereignty resides in the central

government, and also within each of the subunits



Comparing Federalism to Other Systems of Government

Confederation (“confederacy”) A league of two or more independent states that

unite to achieve certain specified common aims Unitary system

Sovereignty rests in the central government alone

Comparing Systems of GovernmentComparing Systems of Government




Government Powers in a Federal System Enumerated: powers delegated to Congress

under Article I Necessary and proper clause

Reserved: powers retained by the states

Concurrent: powers shared by the federal and state governments



Supremacy clause The Constitution and laws passed by Congress

shall be “the supreme law of the land” Overrides state constitutions or state laws Doctrine of preemption

The Powers of the Federal and State The Powers of the Federal and State Governments under the ConstitutionGovernments under the Constitution




Relations between the States Full faith and credit clause, Article IV

Each state must abide by the decisions of other state and local governments

Assures stability in relations beyond state borders

Privileges and immunities clause, Article IV protects the rights of citizens to

Travel through other states

Reside in any state

Participate in trade, agriculture, and professional pursuits



Article III, Section 2 Gives the U.S.

Supreme Court the authority to decide disputes between states

Gay marriage ceremony in Massachusetts.

Ellis Island.

The History of American FederalismThe History of American Federalism


Concept of federalism has changed over time 5 eras of American Federalism

State-centered federalism: 1789–1819 National supremacy period: 1819–1837 Dual federalism: 1837–1937 Cooperative federalism: 1937–1990 The “new federalism”: 1990–present



State-Centered Federalism (1789-1819) Each state managed its

own affairs National Supremacy

Period (1819-1837) Marshall’s national

supremacy doctrine Key court cases

McCulloch v. Maryland Gibbons v. Ogden

Admission of States to the UnionAdmission of States to the Union




Dual Federalism (1837-1937) State authority acts as a limit on congressional

power under the Constitution Cooperative Federalism (1937-1990)

Shift from layer-cake to marble-cake federalism Positive aspects: grants-in-aid and block grants Negative aspect: protective conditions



The “New Federalism” (1990-Present) More attentive to state’s rights Reagan’s focus on increased state responsibilities Set the stage for reforms in the future

Has the Federal Government Has the Federal Government Gotten Too Big?Gotten Too Big?


Why Federalism? AdvantagesWhy Federalism? Advantages and Disadvantages and Disadvantages


Advantages of Federalism Accommodation of diversity Strengthening of liberty through the division

of powers Encouragement of laboratories of democracy

Why Federalism? AdvantagesWhy Federalism? Advantages and Disadvantages and Disadvantages


Disadvantages of Federalism Fiscal disparities among the states Lack of accountability

chapter 3 federalism. learning objectives copyright © 2014 cengage learning 2 define federalism and...

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