The Evolution of Federalism

A.P. Gov’t Name:

Ms. Newman Period:

The Evolution of Federalism

· Definition of Federalism:

· Advantages of Federalism:

o Multiple levels of government provide flexibility

o Citizens have many ways to influence their government

· Disadvantages of Federalism:

o The complexity of the federal system

· Coordination confusion

· Slow to respond to crisis

o Federalism is ______

· Dual (Layer Cake) Federalism: Views the Constitution as giving a limited list of powers to the national government, leaving the rest to sovereign states.

· Cooperative (Marble Cake) Federalism:

· The Significance of the 10th Amendment

· Why Divide Authority in the First Place?

o The Constitution may have never been ratified if the Framers had pushed for a unitary system

o Federalism was a compromise, allowing the states to maintain their independence

o Why?

“State-Centered Federalism” 1787-1868

· From the adoption of the Constitution to the end of the Civil War, the states were the most important units of the American Federal System

· McCulloch v. Maryland (1819) decided during this phase

o Construes “______” to favor expansion of national authority

o Doctrine of Implied National Powers

o Doctrine of National Supremacy

· Doctrine of ______: Each state could declare any laws or actions of the national government “null and void”.

· Doctrine of ______: States could choose to withdraw from the United States if they wanted. Used by the Confederate States in the Civil War.

“Dual Federalism” 1868-1913

“Cooperative Federalism” 1913-1964

· New Deal= centralized response to national crisis, become nationally-based welfare state

· ______controls commerce leading up to and during WWII

“Centralized” or “Creative” Federalism 1964-1980

· LBJ (1963-1969) marked a critical point in the evolution of federalism

· Federal government clearly had its own ______goals

· Federal funds were directed to states, local governments, and a wide variety of society programs

New Federalism (1980-?)

Devolution (Beginning in 1995)

· The Republican “______” called for devolution—the transfer of political and economic power to the states (with decreased federal funding)

The Supreme Court’s Shift in Perspective

· Beginning in ______, justices interested in granting more deference to state authority gained a slim 5-4 majority in the Supreme Court

· The Constitutional Counterrevolution

· A return to an older version of federalism not embraced since the constitutional crisis over the ______in the 1930s

o United States v. Lopez (1995)

o United States v. Morrison (2000)

The Changing Nature of Federal Grants

· In 1996 there was a shift from Categorical Grants to Block Grants

· 2 types of Categorical Grants (Grants-in-Aid)

· Block Grants (Revenue-sharing Grants): far more flexible

· Grants-in-Aid:

The Future of Federalism

· The persistence of international terrorism, the war in Afghanistan, and rising deficits all ensure a substantial role for the national government in the years to come

· No Child Left Behind