Download Chapter 3 Federalism Objective: To have an understanding of

Chapter 3 Federalism
Objective: To have an understanding of federalism and contrast it to other ways of organizing a nation.
Activities: Discuss and illustrate the different systems. Students will be quickly be put into groups to
draw, sketch a system of government.
Confederation
Unitary System
Federalism
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Federalism does not appear in the Constitution. Madison looked at 5 parts of the Constitution to
answer “Did the Framers create a federal (confederal) system or a national (unitary) system?
1. Ratification: States ratified the Constitution (federal system)
2. Sources of national power: number of representatives a state had was determined by its
population. This made a representative a national officer.
Each state has an equal number of senators. People are not represented in the senate, states are a
national system. This made the Senate characteristic of a federation.
The source of the president’s power was the Electoral College. Since it was based on a state’s
representation in Congress, it had the characteristics of both a federal and a national system.
3. Operation of government: The central government may act directly on the citizens of the states.
Since Congress, under the Constitution, will be able to act directly on the citizens, for example
by taxing them, the government characterizes a national system.
4. Extent of power: In a national system, the powers of the central government are indefinite.
Since the powers of Congress are enumerated in Article I, Section 8, the system represents a
federal system.
5. Amending the Constitution: Article V describes two ways of proposing amendments to the
Constitution and two ways of ratifying the Constitution. Ratification of amendments are done
by states and in that sense it federal. But the methods of proposal used to amend the
Constitution are through the Congress. Since the House is national and the Senate federal,
proposal of amendments has both national and federal traits. Madison wrote his conclusion
“The proposed Constitution is neither a national nor a federal Constitution, but a combination of
both.” There was not a name for this system but it later became was called federalism.
When the Constitution was first adopted most American thought of themselves in terms of states--Virginian, New Yorker, etc. Because of the failure of the Articles of Confederation the founders wanted
to develop a stronger national government.
Reasons they formed a federal system rather than a unitary system:
1.
Historical: The colonial roots led to diverse forms of state government. With the role of the
different state governments and the failure of the Articles they compromised with a middle way
between the centralized political authority of a unitary system and the decentralized political
authority of a confederation.
2. Theoretical: The idea of separation of powers was not limited to dividing political power among
three branches of government at the national level. The founders also wanted to pit “ambition
against ambition” by dividing political authority between the national and state governments,
creating a “double security” in which the layers of government control one another.
3. Practical: Founders were motivated by federalism because more people were allowed to
participate in the political system, made the government more efficient and responsive
Federalism is a system to divide power between the national government and state governments by
enumerating powers delegated to the national government and acknowledging that the remaining
powers are retained by the states.
1. Read the 10th amendment - reserved powers
2. The most important powers granted in the Constitution are the power to levy taxes and the
power to regulate interstate and foreign commerce.
3. The move from the Articles of Confederation was not one from a central government of no
powers to one with all powers; rather, it was a shift from one with fewer powers to one with
more powers.
What if…
1. The United States had adopted a unitary system of government instead of federalism at the
Constitutional Convention? How would politics and policies in the United States be different?
2. We would have retained the confederal system that existed under the Articles of Confederation,
how would the system be different?
3. Why should a system be unitary, federal, or confederal? If the United States were to have
another Constitutional Convention, would we keep a federal system or change it? Why?
Objective: To understand the constitutional basis for the division of power between national and state
governments, the establishment of national supremacy and states’ obligations to each other.
Delegated, enumerated powers: powers specifically granted to _________________________. What
section in the Constitution grants 17 powers to the US Congress? Give 5 powers granted
Implied powers: Find the clause in Article I, Section 8 that grants this power. These powers stem from
what powers?
National Supremacy Clause, Article VI of the Constitution: What does this clause say about the national
government?
Concurrent powers: These are powers that? Give 4 powers
Reserved powers, 10th Amendment: Include criminal law, education, the enforcement of contract law
Prohibited powers: The Constitution prohibits states from undertaking power afforded the national
government. Such as? Other powers are denied to both the states and the national government. Since
the ratification of the 14th amendment in 1868, this has included the power to abuse individual rights.
Dual federalism: the national and state governments collaborate even when they have separate areas
of responsibility and authority
Create a list of the ways in which government affects their daily lives. Think about the level of
government that influences or regulates that activity.
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Are you more influenced in your daily life by the national or state and local governments?
What would daily life be like in the United States if we had a unitary system where most
decisions were made by the national government? Could such a system function effectively in
the United States? Why?