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Pgs. 70-100
Dual Citizenship
 Americans are both citizens
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of the state in which they
reside in addition to the
United States
Issue of states vs. the federal
government is as old as the
country
Articles of Confederation v.
Constitution
Constitution created a federal
system of government
Federalism: govt. power is
divided between two levels of
govt.; in our case the states
and the US govt.
 “The United State are” vs.
“The United States is”
Trend Setter
 The United States was the
first country to experiment
with a federal system
 Confederacy: central govt.
gets its powers from the
states; rare today (CSA,
EU)
 Unitary system: national
govt. has sole authority ;
other levels of govt. get
power from national govt.
(France)
 The southern states
attempted to establish a
confederacy during the
Civil War
Why Federalism?
 Creates a system of checks
 Founders didn’t want one
and balances; prevents one
level from getting too
strong
 Prevents dominant groups
in a small area from
gaining too much power,
how?
 Help create national
solutions to national
problems that could not be
solved under the Articles
part of govt. to get too
strong
Dividing Power-Federal Govt.
 * get out your copy of the
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Constitution
Enumerated powers:
“expressed”; Article I Section 8
grants the national govt. certain
powers
“necessary and proper clause”
also known as the “elastic
clause”
 Implied powers: can take
action not expressly
authorized but that supports
actions that are; examples?
Article 1 Section 10: things the
states can not do; why not?
Article VI: Supremacy Clause;
national law is supreme over
state law when the national govt.
acts within its limits
Dividing Power- State Govts.
 State powers were an important
consideration; people in
different parts of the country
didn’t always share similar
beliefs and customs
 10th amendment: designed to
protect the powers of state
governments
 Referred to as “reserved powers”
 State powers include dealing
with local governments,
education, public safety, voting
procedures, intrastate commerce
 Has the federal govt. come to
dominate the states?
History of Federalism
 The issue of how to balance state
and federal power remained a
constant issue from the time of the
Constitution’s ratification through
the Civil War
 14th amendment: created to help
protect African Americans from
discrimination by state
governments; limited effect initially,
broad effect today
 Supreme Court consistently ruled
against the use of federal power
throughout the end of the 19th
century until the 1930’s?
 Why the sudden shift?
 This sudden shift led to a rapid
expansion of federal power;
examples?
Federalism Today
 Expansion of federal power
was slowed by Republicans in
Congress and the Supreme
Court in the 1990s
 Changes in funding;
categorical grants vs. block
grants
 Difference? Which do
states prefer?
 Unfunded mandates?
 Divide between states and
the federal government
continues
 Issue remains a continuing
difference between
Republicans and Democrats
Issues of Federalism Today
 Health Care: “Obamacare”
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and Medicare/Medicaid
Immigration: can states
pass their own
immigration laws?
Drug laws: can states have
different drug laws,
medical marijuana?
Abortion laws
Environmental laws: big
issue in KY?