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Federalism: Forging a Nation Chapter 3 Federalism: National and State Sovereignty The argument for federalism Authority divided into two levels: national and regional Protects liberty Moderates government power by sharing Strengthens the union © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 2 Federalism: National and State Sovereignty The powers of the nation and states National: enumerated powers Seventeen powers, including measures for secure defense and stable commerce Supremacy clause National: implied powers “Necessary and proper” / “elastic” clause: make laws in support of enumerated powers © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 3 Federalism: National and State Sovereignty The powers of the nation and states Tenth Amendment established reserved powers: powers not delegated to the national government are reserved for the states © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 4 Federalism as a Governing System: Examples of National, State, and Concurrent Powers © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 5 Federalism in Historical Perspective An indestructible union (1789-1865) The nationalist view: McCulloch v. Maryland (1819); clear ruling in favor of national power and supremacy clause The states’-rights view: the Dred Scott decision (1857); ruling for states rights in conflict over legality of slavery © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 6 Federalism in Historical Perspective Dual federalism and laissez-faire capitalism (1865-1937) Dual federalism: separation of national from state power The Fourteenth Amendment and state discretion Judicial protection of business: Supreme Court limited national power National authority prevails after 1937 © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 7 Federalism in Historical Perspective Toward national citizenship Equal civil rights across all states Fourteenth Amendment Brown v. Board of Education (1954) © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 8 Federalism Today Interdependency and intergovernmental relations Cooperative federalism: shared policy responsibilities National, state, and local levels work together Joint funding, administration, and determination of programs © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 9 Federalism Today Government revenues and intergovernmental relations Fiscal federalism: federal funds used for state programs Categorical grants: federal funds restricted to certain state programs Block grants: federal funds for state programs addressed to a general concern © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 10 Federal, State, and Local Shares of Government Tax Revenue © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 11 Federal Grants to State and Local Governments © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 12 Federalism Today Devolution Shift of power from national government to states Dramatically increased with Republican Revolution of 1994 Supreme Court has advanced devolution, especially in latter decades of twentieth century Devolution movement ended with presidency of George W. Bush: education and security policy © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 13 The Public’s Influence: Setting the Boundaries of Federal-State Power Roosevelt’s “New Deal”—jobs during the Great Depression Lyndon Johnson’s “Great Society”—increased social services in 1960s Republican Revolution—rolled back federal authority in 1990s Recent public backing of huge federal stimulus in 2009 © 2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 14