This document provides an overview of the U.S. Constitution and federalism. It outlines the separation of powers between Congress, the President, and the Judiciary. It also discusses the granting of specific powers to the national government while limiting federal power over states. The relationship between the national and state governments is explained, including the supremacy clause and how federalism has evolved from dual federalism to cooperative federalism to devolution of power to the states. Key concepts like the commerce clause, elastic clause, and amendments protecting civil rights are summarized.

1. PO 101
Fall 2016

3. INSTRUCTIONS
With your copies of the U.S. Constitution,
complete the worksheet as a group.

5. Congress:
Legislate
President:
Execute
Judiciary:
Interpret

8.  No power to draft
soldiers or pay for military
 No power to regulate
commerce
 No power to tax

11.  Strengthened power of
national government

19.  Protects AgainstTyranny
 Dispersion and Diffusion of Power
 Increases Participation
 Improves Efficiency
 Ensures Policy Responsiveness / Innovation
 Reduces Conflict

20.  Creates Confusion & Reduces Accountability
 Increases Conflict
 “NIMBY,” Impact on National Unity
 Creates Inequality
 Money, Economic Inequality, Law and Justice

22.  Grants specific powers
to national government
 Limits on powers
granted to federal
government and states
 Lays out relationships
among states and
between states and
federal government

24. What is the supremacy clause?

26.  Article I, Section 8
 Examples:
 Coin money
 Regulate interstate and
foreign commerce
 Tax imports and exports
 Make treaties
 Declare war

28.  Known as “elastic clause”
 Grants Congress power to pass laws “which
shall be necessary and proper for carrying
into execution the Foregoing powers”

30.  TenthAmendment
 What is the “police power?”
 Guarantee Clause (Article IV, Section 4)
 “The United States shall guarantee to every state in
this union a republican form of government…”
 Federalist 39 (Madison)

32.  Taxing
 Borrowing and
Spending Money
 Establishing Court
Systems
 Regulating Elections

35.  “Writ of Habeas Corpus”
 Latin for “have you the body”

36.  States cannot enter treaties or alliances
 14th and 15th Amendments to Constitution
 Fourteenth: Due Pr0cess, Equal Protection Clauses
 Fifteenth: Voting Rights

38. RELATIONSHIP BETWEEN
NATION AND STATES
 Supremacy Clause
 ArticleVI, Clause 2
 “This Constitution, and the
Laws of the United States…
shall be the supreme law
of the land…”
RELATIONSHIP
BETWEEN STATES
 Full Faith and Credit Clause
 Privileges & Immunities Clause
 “The Congress shall have power to
make all laws which shall be
necessary and proper to secure to the
citizens of each state all privileges
and immunities of citizens in the
several states...”

40. (1789-1933)

41.  “Layer-Cake”
 National and state
governments have
separate influence

43. ROGERTANEY DRED SCOTT

44. (1933-1964)

45.  “Marble-Cake”
 National and state
government work
together for Americans

46. The shift from dual to cooperative federalism occurred
due to federal govt. expanding its rule over time.

47. (1964-1980)

48.  National government is responsible for policy
 What is the role of state and local governments?
 Sometimes called “picket-fence” federalism

51. Federalism in the White House

52. Signing the Civil Rights Act
Categorical grants helped fund
LBJ’s “War on Poverty”

53. (1980-2002)

54.  Increase in devolution to subnational units (states)
 Categorical Grants
 Money given for specific purposes or categories
▪ Examples:Transportation, Health Care, Education, Employment
 Nixon Administration
 General Revenue Sharing
 Money spent however states wanted
 Reagan and Block Grants
 Money given for broad purposes
 Local areas decide how to spend money
 Reduced size and power of federal govt.

56. (2002-Present)

57.  Choosing national or subnational supremacy
President
Barack Obama
Governor
Mark Sanford