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FEDERALISM
Federalism
• What is it?
• Confederacy v. Unitary v. Federal
Why Federalism?
• Protecting Liberty
• Moderate Power of Government
• Strengthen the Union
Different Powers
• Enumerated
– 17 powers in I, 8
– Art. VI—Supremacy Clause
• Implied
– I, 8
– “Make all laws which shall be necessary and proper
for carrying into execution the foregoing powers”
• Reserved
– 10th Amendment
Era 1: National Rules (1789-1865)
• McCulloch v. Maryland (1819)
– Jefferson v. Hamilton
– 1791, 1811, 1816
• Gibbons v. Ogden (1824)
• Calhoun and Nullification
• Dred Scott (1857)
– Missouri Compromise
Era 2: Dual Federalism (1865-1937)
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Industrial Revolution  Business
State supremacy with race
Business supremacy with commerce
Plessy v. Ferguson (1896)
Commerce clause problems
– Transportation v. manufacture
• FDR and the New Deal
– 1937 Supreme Court proposal
– Owen Roberts: Switch in time that saved nine
Today: Let’s Eat Cake!
Today
• Trends
– Expansion of national authority
– Devolution
• Cooperative federalism
• Funding, administration, determination
Show Me the Money!
• Grants-in-aid
– Categorical v. block
So How Have We Devolved?
• Republican Revolution
– Reduce unfunded mandates
– Welfare Reform Act (1996)
• United States v. Lopez (1995)
• Printz v. United States (1997)
Questions for Thursday
• How should federal, state, local interact?
• Which level of government do you trust the
most?
• What was Jefferson Davis trying to say?
• What about The Federal Farmer?