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Chapter Introduction
  1. The 1996 WelfareReform Act
  2. The chapter's main points:
    1. Power of government must be equal to its responsibilities
    2. Federalism was the result of political bargaining
    3. Federalism is not a "fixed principle" but has changed with the times
    4. Contemporary federalism tilts toward national authority
Federalism: National and State Sovereignty
  1. Introduction
    1. Federalism divided sovereignty (the ultimate authority to govern) between national and state governments
    2. Until 1787, United States had been a confederacy (states had sovereignty)
    3. The Constitutional convention devised a governing system that came to be known as federalism.
    4. A unitary system vests sovereignty solely in the national government
  2. The Argument for Federalism
    1. Protecting Liberty
    2. Moderating the Power of Government
    3. Strengthening the Union
  3. The Powers of the Nation
    1. Enumerated Powers-specifically given to national government
      1. Seventeen powers listed in Article I, Section 8
      2. Article VI grants supremacy clause (national law is supreme to states)
    2. Implied Powers-powers of the national government not specifically granted to it
      1. Stem from "necessary and proper clause" or elastic clause
      2. Important so as not to restrict government's adaptation to change
  4. The Powers of the States
    1. Antifederalists feared consequences of a strong national government
    2. Madison observed that states could retain many governing functions
    3. Tenth Amendment grants reserved powers to the states
    4. Reserved Powers: the authority of the states
Federalism in Historical Perspective
  1. Introduction
    1. Framers avoided details; brief phrases gave government flexibility
    2. Constitution does not define difference between interstate and intrastate commerce
  2. An Indestructible Union (1789-1865)
    1. The Nationalist View: McCulloch v.Maryland (1819)
      1. Jefferson and Hamilton clashed over issue of a national bank
      2. John Marshall ruled in favor of the bank (implied powers)
      3. Marshall also strengthened supremacy clause (Maryland could not tax the national bank)
    2. The States' Rights View: The Dred Scott Decision (1857)
      1. Calhoun's "nullification doctrine"
      2. The Supreme Court ruled that slaves were "property" and and could not sue for their freedom
      3. Lincoln campaigned for gradual abolition of slavery
  3. Dual Federalism and Laissez-Faire Capitalism (1865-1937)
    1. Dual federalism assumed a precise state-federal separation of powers
    2. Industrial revolution raised questions about dual federalism
    3. The Fourteenth Amendment and State Discretion
      1. Fourteenth Amendment intended to protect citizens from discrimination by state governments
      2. Supreme Court rulings undermined the amendment
    4. Judicial Protection of Business
      1. In the 19th Century, the Supreme Court was dominated by adherents of the doctrine of laissez-faire capitalism
      2. Court narrowly interpreted commerce power (weakened regulation)
      3. In Hammer v.Dagenhart (1918), Court ruled that child labor was a state matter
    5. National Authority Prevails
      1. The Great Depression demonstrated that America had a national and interdependent economy
      2. After FDR's "court-packing plan," theCourt began supporting New Deal
    6. Toward National Citizenship
      1. Idea that all Americans are equal in their rights has become pervasive
      2. Important differences remain in citizens' rights, privileges, immunities
Federalism Today
  1. Introduction
    1. Since the 1930's, the relation of the nation to the states has changed fundamentally
    2. Two major trends changing American federalism
      1. a long term expansion of national authority, beginning in the 1930's and for the next half century
      2. a more recent trend of contraction of national authority know as "devolution"
  2. Interdependency and Intergovernmental Relations
    1. Economy is now national and international in scope
    2. Cooperative federalism-a "marble cake," not a " layer cake"
    3. Levels of government now cooperate more than ever-before
  3. Government Revenues and Intergovernmental Relations
    1. Fiscal Federalism-the expenditure of federal funds on programs that run in partthrough state and local government
    2. Categorical and Block Grants
      1. Categorical grants are the more restrictive; they can be used only for a designated activity
      2. Block grants are less restrictive; the federal government specifies the general area in which the funds must be used, but state and local government can select specific uses
  4. A New Federalism: Devolution
    1. Budgetary Pressures and Public Opinion
      1. Federal budget pressures led to unfunded mandates and cuts in grants to states and localities
    2. The Republican Revolution
      1. Republican-controlled Congress pushed for greater state/local control, fewer unfunded mandates
    3. Devolution, Judicial Style
The Public's Influence: Setting the Boundaries of Federal-State Power
  1. FDR's welfare and public jobprograms attracted public support
  2. LBJ's Great Society programs reflected Americans' desire for government services
  3. The public's role in defining the boundaries between federal and state power would come as no surprise to the Framers of the Constitution





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