Federalism and Policy Issues

Why Federalism?

Consider both our history and our options:

1. Unitary Government system

2. Confederate system

3. Federal system

• Pros

• Cons

Understanding the Constitution

Given Powers: (3 basic categories)

1. Expressed/Enumerated/Delegated

2. Implied Powers

3. Inherent Powers

Denied Powers:

Article I, Section 9

1. Writ of Habeas Corpus

2. Bill of Attainder

3. Ex Post Facto

Federal Government Powers in the Constitution

Read Articles I-VII in your handbook

Class Activity: Explain each component of the U.S. Constitution in your own words. If you decide to focus on a specific clause, be sure to enumerate it. Work in pairs and write down your findings on a separate piece of paper (15 minutes).

Article I

Article II

Article III

Article IV

Article V

Article VI

Article VII

State Powers (specific guarantees) in the Constitution

Article I

• Representation

Article IV

• Full faith and Credit Clause

• Republican Government

• Protection

• System for Grievances

Article VI

• Supremacy Clause

Federalism and the Judiciary

Famous cases (how to engage controversy in politics):

• McCulloch v. Maryland (1819)

• Gibbons v. Ogden (1824)

• Dredd Scott v. Sanford (1857)

Trends in the US court system since the Civil War

3 Basic Stages of Progression in American Federalism

1. Dual Federalism

2. Co-operative Federalism

3. New Federalism

The Realization of "Big Government" in Modern America

• 16th Amendment

• 17th Amendment

• Federal Grants

• Block Grants

Examples of Modern Crisis:

• Education Policy: TAKS/FCAT – Computers or books?

• Transportation Policy: The Bullet Train or Cars?

• Parks and Recreation – Swings or Sanctuaries?

How to make sense of it all

Summary – Does Federalism work in modern America? Introduction to class activity and video.

1. Writ of Habeas Corpus

2. Bill of Attainder

3. Ex Post Facto

Federal Government Powers in the Constitution

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