The Challenges of Modern Federalism

New York, September 2001 New Orleans, August 2005

1.  The Roots of the Federal System

•  The Framers worked to create a political system that was halfway between the failed confederation of the Articles of Confederation and the tyrannical unitary system of Great Britain.

•  The three major arguments for federalism are: 1.  the prevention of tyranny; 2.  the provision for increased participation in politics; 3.  and the use of the states as testing grounds or

laboratories for new policies and programs.

The Federal Government has

expressed powers specifically granted in the Constitution (tax, regulate commerce,

declare war, etc.)

The Federal Government has

implied powers from the necessary & proper

clause or “elastic clause” (ex: create a

national bank) The 10th Amendment

reserves powers to the states (ex: education, law enforcement, etc.)

The U.S. Constitution is the supreme law

of the land (National Supremacy

Clause)

What does duel federalism have in common with a layer cake?

What does cooperative federalism have in common with a marble cake?

Political Cartoon #1 Title: Another Perfect Storm

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

Political Cartoon #2 Title: Disaster Response

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

Political Cartoon #3 Title: Homeland Security

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

Political Cartoon #4 Title: Cleanup

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