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The Challenges of Modern Federalism. New Orleans, August 2005. New York, September 2001. Federalism is…. A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states). Federalism is….

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The challenges of modern federalism
The Challenges of Modern Federalism

New Orleans, August 2005

New York, September 2001


Federalism is
Federalism is…

  • A system of government in which political authority is divided between a national (or federal) government, and its political subdivisions (such as states).


Federalism is1
Federalism is…

  • A system where national and state governments each have defined powers, with some being shared by both and some being denied to both.


Federalism the constitution

The Federal Government has expressed powers specifically granted in the Constitution (tax, regulate commerce, declare war, etc.)

The U.S. Constitution

is the supreme law

of the land

(National Supremacy Clause)

The 10th Amendment reserves powers to the states (ex: education, law enforcement, etc.)

Federalism & the Constitution

The Federal Government has implied powers from the necessary & proper clause or “elastic clause” (ex: create a national bank)


Dual federalism 1789 1932
Dual Federalism (1789-1932) granted in the Constitution (tax, regulate commerce, declare war, etc.)

  • Federal and state governments are co-equals, each sovereign

  • Narrow interpretation of the Constitution

  • Federal government only has jurisdiction if clearly expressed in the Constitution (ex: coin money, foreign affairs)

  • State have greater role and powers (ex: public education, race relations)


What does dual federalism have in common with a layer cake
What does granted in the Constitution (tax, regulate commerce, declare war, etc.)dual federalism have in common with a layer cake?


Cooperative federalism 1933 present
Cooperative Federalism granted in the Constitution (tax, regulate commerce, declare war, etc.)(1933-present)

  • National government clearly supreme over the states with broad interpretation of the “necessary and proper clause” (Article I, Sect. 8 of the Constitution, also known as the “Elastic Clause.”)

  • Federal government intervenes or assists in some areas traditionally left to the states (ex: education, health care, civil rights)

  • Began with the New Deal in the 1930s


What does cooperative federalism have in common with a marble cake
What does granted in the Constitution (tax, regulate commerce, declare war, etc.)cooperative federalism have in common with a marble cake?


Political cartoon 1 title another perfect storm
Political Cartoon #1 Title: Another Perfect Storm granted in the Constitution (tax, regulate commerce, declare war, etc.)

Artist: Jeff Danziger Date: September, 2005 http://cartoonbox.slate.com/


Political cartoon 2 title disaster response
Political Cartoon #2 Title: Disaster Response granted in the Constitution (tax, regulate commerce, declare war, etc.)

Artist: John Trever, The Albuquerque Journal Date: September, 2005


Political cartoon 3 title homeland security
Political Cartoon #3 Title: Homeland Security granted in the Constitution (tax, regulate commerce, declare war, etc.)

Artist: Mike Keefe, The Denver Post Date: September, 2005


Political cartoon 4 title cleanup
Political Cartoon #4 Title: Cleanup granted in the Constitution (tax, regulate commerce, declare war, etc.)

Artist: Cam Cardow, The Ottawa Citizen Date: September 5, 2005