• “Local, state and federal emergency agencies had been planning for years how to respond before and after this kind of emergency. They even had practice drills where every kind of relief issue was reviewed -- food, water, security and health -- and who was responsible for delivering those services was specifically laid out in numerous plans.

But many of those plans fell apart in Katrina's aftermath. Despite warnings of a worst-case scenario, bureaucratic wrangles prevented soldiers from getting to the scene, the plan for emergency communications left police in the dark and helpless, and truckloads of emergency supplies ended up hundreds of miles away. Four days after Katrina hit, it was still unclear who was in charge of the relief effort”

• In a special report on All Things Considered, NPR's Laura Sullivan and Daniel Zwerdling examine how the disaster called Hurricane Katrina unfolded.

• MORE: Katrina: What Went Wrong?• 4:58 p.m. EDT | Sept. 9, 2005 |

Central Govt

StatesStates

CitizensCitizens

What is it?

• Decentralizes Politics• Decentralizes Our Policies

Fed Govts.- Canada, India, Germany, US

Unitary Govts.- France, Britain, Italy

Federalism- political system with local government units, as well as the national government, that can make final decisions regarding some governmental activities and whose existence is protected.

Unitary-all local govts. Subservient to national govt., local govts., can be altered or abolished, local govts. have no final authority over any significant govt. activities.

• I’ll give $20 to the first person to find the word federalism in the Constitution

• It Is absent but State and National Power clearly defined in Article 1, Section 9 and 10

• Declare War• Coin Money• Tax• Regulate commerce w/ foreign

nations and among states

• Conduct elections• Ratify amendments• Regulate Commerce w/in a

state• Take private property for public

purposes, w/ just compensation

Dual Federalism- both supreme in their own sphere.

• NATIONAL• NATIONAL• BOTH• NATIONAL

• STATE• STATE• STATE

• BOTH

Who wins?????

Supremacy Clause! but…..This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

• Advocates of state’s rights believe this means the national govt has only those powers specifically assigned by the constitution

1) Implied Powers:• McCulloch v. Maryland

o Elastic Clause- “necessary and proper”-Could Congress charter a national bank? Yes, even though not

explicitly explained in Constitution-Could states tax the federal bank? No, national powers were

supreme and therefore immune to state challenge

Supreme Court Strengthens States’ rights-

• U.S. v. Lopez-guns in school• Printz v United States –background

checks on gun purchasers

-also strengthened 11th Amendment protecting states from suits by citizens of other states or foreign nations

3) Civil War: -Struggle over not just slavery but between states and national govt

-Settles the “Nullification” questionDo states have the right to “nullify” the Constitution”?

-Grants in aid- categorical and block

-Mandates- Civil Rights, Environmental Protection, No Child Left Behind

• Jack and Jill got married in Maine and moved to Michigan for the weather. Are they still married?

• Susie gets her driving license in Texas. Can she get pulled over in MI for not having a MI license?

• Yes, Full Faith and Credit Clause

• No, Full Faith and Credit Clause

Article IV Sec. 1

Defense of Marriage Act?

• John Dillinger is fleeing Wisconsin after robbing banks and has made it down South to MI. The officials know where he his.

• Return him to Indiana…..

     Extradition

Article IV Sec. 2

• Sam is visiting PA from MI and has to pay 9% sales tax (he’s not to happy since MI is only 6%….). Does he have to pay?

• Yes, Privileges and Immunities

Article IV Sec. 2

• Federalism ALSO involves relationships among states

• Dual:o Pre national govt.

dominanceo Each remain supreme

w/in their own sphereso Layer Cake Analogy o Powers of National

Govt. interpreted narrowly

• Cooperative:o Share responsibilities

for public policy o Marble Cake Analogyo Mingled resp. and

blurred distinctions o Historically starts w/

New Deal, Great Society

o Involve shared costs, federal guidelines, shared administration

A Devolution Revolution?

-returning power to the states?-do we cut entitlements?