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Friday, January 13, 2017

Federalist 39 & McCulloch v. Maryland

HW for Tuesday: Read Devil in Devolution by Donahue and be prepared to discuss in class these questions.

The central debate between Federalists and Anti-Federalists was where power was going to be located. Anti-Federalists were convinced that power would be consolidated into a national government, while Federalists insisted that power would be shared between the two levels. In Federalist 39, Madison clarifies the republican nature of the newly proposed government and how it exemplifies shared powers.

  1. How does Madison define a republic?
  1. What arguments does he offer for the republican character of the Constitution? Provide three specific examples to illustrate the republican principles of the Constitution.
  1. How does Madison respond to the claim that the Constitution created a national rather than a federal (what we consider confederal) form of government? What different aspects of the Constitution does he consider in responding to that claim?
  1. What historical events or trends have changed the balance of power between the states and the federal government?

  1. What are the two central questions raised by this case?
  1. How does the Court answer these two questions?  What rationale (constitutional clauses) does the Court use to explain its decision?
  1. Compare the Court’s reasoning with the concerns raised by Brutus regarding the power of the government.
  1. How would our nation be different today if the Court had decided differently?

A few more resources on McCulloch v. Maryland:

Tuesday, January 10, 2017

Fiscal or Regulatory Federalism

HW for Thursday: Read 102-113 in Janda and complete the reading quiz.

One relationship that has dramatically changed over the past century is the redistribution of money from the federal government to the states. Typically, this transfer of money is through either the use of block grants or categorical grants. Today, we will take a look at the differences between the two and the impact on federal control and regulations.

CBO Report on Federal Grants to States

Friday, January 6, 2017

Dual Federalism & Cooperative Federalism

HW Reminder: Read 92-102 and take the reading quiz.

Federalism can take many different forms. Dual federalism and cooperative federalism are historically the two main descriptors of how federalism has worked in the United States.

Read this page on dual and cooperative federalism and this one on the differences between dual and cooperative federalism to get a better understanding of the differences between the two. As you read, take notes (using a double-column chart) about the significant points and differences between the two.

Key questions:

1. How would you define dual federalism? When did it dominate American politics?
2. How would you define cooperative federalism? When did it dominate American politics?
3. How does the layer cake/marble cake metaphor apply to these two forms of federalism?
4. What features of the Constitution are relevant in the debate between dual and cooperative federalism?
5. What caused the shift in the 1930s from dual to cooperative federalism?

Wednesday, January 4, 2017


Federalism: Day 1

HW for Friday: Read 92-102 and take the reading quiz. All reading quizzes will be disabled the day of the chapter quiz. Any quizzes not completed at that time will be entered as a zero.

Federalism Unit and Identification Terms

Check for understanding: Analyze each scenario and determine which power (Expressed/Delegated, Implied, Inherent, Concurrent, or Reserved) is being used.

__________________ 1. A worker pays federal and state income taxes.

__________________ 2. The United States declares war on Japan.

__________________ 3. A lawyer who wants to practice in Texas must first pass the state's bar exam.

__________________ 4. Toys containing lead are banned from the United States.

__________________ 5. Racial segregation in hotels and restaurants is prohibited by the federal government.

__________________ 6. President Obama gives the State of the Union address.

__________________ 7. Missouri decided to set aside 500 acres for a new wildlife reservation.

__________________ 8. Hawaii became a state in 1959.

__________________ 9. A person must be at least 18 to marry without parental consent in Illinois.

__________________ 10. After Hurricane Katrina, the US and Louisiana issue bonds to help pay for the rebuilding of New Orleans.