The Number of Governments in the U.S. (Figure 3.1) School Districts. Special Districts

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1 Chapter 3 Study Guide Federalism The Number of Governments in the U.S. (Figure 3.1) U.S. Government State Governments Local Governments County Municipal Townships School Districts Special Districts TOTAL The Origins of the Federal System: Governmental Power Under the Constitution federal system confederation unitary system The Federal, Unitary and Confederate Systems of Government (Figure 3.2)

2 National Powers Under the Constitution enumerated powers necessary and proper clause implied powers 16 th Amendment supremacy clause Migratory Bird Treaty of 1918 The Origins of the Federal System READ AMERICAN AND MEXICAN FEDERALISM ANSWER QUESTIONS FOR HOMEWORK State Powers Under the Constitution powers of the states mentioned in the main text of the Constitution 10 th Amendment reserve of police powers Concurrent Powers Under the Constitution concurrent powers Powers Denied Under the Constitution powers denied Congress under Article I

3 bill of attainder ex post facto laws Relations Among the States disputes between states settled by Supreme Court full faith and credit clause 1997 Supreme Court case on full faith and credit extradition clause interstate compacts Relations Within the States: Local Governments the Constitution and local governments READ LEGISLATING FOR ONE AMERICA OR FOR INDIVIDUAL STATES? ANSWER QUESTIONS FOR HOMEWORK Federalism and the Marshall Court John Marshall McCulloch v. Maryland (1819) McCulloch v. Maryland Chief Justice Marshall s answers to the two questions raised necessary and proper clause today

4 Gibbons v. Ogden (1924) Gibbons v. Ogden commerce clause Dual Federalism: The Taney Court, Slavery and the Civil War Roger B. Taney dual federalism Dred Scott and the Question of Slavery the Taney Court era and the role of the Supreme Court Dred Scott v. Sandford (1857) Missouri Compromise The Civil War, Its Aftermath and the Continuation of Dual Federalism the Civil War and federalism Civil War Amendments the Supreme Court s adherence to dual federalism Plessy v. Ferguson (1896) the Supreme Court and the national government s ability to regulate commerce Sherman Anti-Trust Act

5 Setting the Stage for a Stronger National Government 16 th Amendment 17 th Amendment Cooperative Federalism: The New Deal and the Growth of National Government the end of dual federalism in the 1930s economic events in the 1920s as catalyst for end of dual federalism Presidents Calvin Coolidge and Herbert Hoover The New Deal rampant unemployment and the Great Depression Franklin D. Roosevelt New Deal The New Deal and local governments the Supreme Court s laissez-faire attitude toward the economy FDR s Court-packing plan Court reverses itself on anti-new Deal decisions NLRB v. Jones and Laughlin Steel Co. (1937)

6 The Changing Nature of Federalism: From Layer Cake to Marble Cake from layer cake to marble cake metaphor cooperative federalism the 1970s energy crisis and the national 55 mph speed limit Federal Grants and National Efforts to Influence the States Morrill Land Grant Act of 1862 FDR and federal dollars to the states categorical grants War on Poverty control of programs shift toward Washington READ BRINGING HOME THE BACON ANSWER QUESTIONS FOR HOMEWORK New Federalism: Returning Power to the States? New Federalism The Reagan Revolution Republican Reagan Revolution massive cuts in domestic programs block grants and categories

7 The Devolution Revolution Bill Clinton devolution revolution unfunded mandates Unfunded Mandates Reform Act of 1995 Personal Responsibility and Work Opportunity Reconciliation Act of 1996 fiscal and economic results of these programs in the short run issues addressed in Bush/Gore presidential campaigns in 2000 Federalism Under the Bush Administration George W. Bush state budget shortfalls federal budget deficit sources of the federal deficit preemption READ THE NO CHILD LEFT BEHIND ACT ANSWER QUESTIONS FOR HOMEWORK The Supreme Court: A Return to States Rights? a new kind of judicial federalism

8 Webster v. Reproductive Health Services (1989), illustrative of trend the Court and the authority of states to limit abortion Stenber v. Carhart (2000) and 2006 Roberts Court unanimous decision decisions on cases the Court has decided on the federal system since 1989 The Rehnquist and Roberts Courts and Federalism (Figure 3.4) - Violence Against Women Act of 1994 and the Supreme Court U.S. v. Lopez (1995) sovereign immunity 1996 Supreme Court decision on the author of Congress to place requirements on states regarding Indian tribes other Supreme Court cases constraining federal power cases on FMLA Roberts Court s first decision involving federalism