Title: Chapter 3 - Federalism (Trailblazer Trek).html
Course: Civic Action Project (CAP): Connecting Government Concepts to Your Community > Section: Texas Government Trailblazer Treks

⚖️ Chapter 3: Federalism - Trailblazer Trek

Score: 0 | Level: Explorer

⚖️ Federalism: Division of Powers

Understanding the Balance Between Federal and State Authority

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🎯 Welcome, Future Federalism Expert!

In this interactive journey, you'll explore how power is divided between the federal government and the states in the United States. Discover the constitutional foundations of federalism, learn about the distribution of governmental powers, and trace the evolution of federal-state relationships from the founding era to today. Understanding federalism is crucial for grasping how American government actually works!

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📚 Chapter Sections

1

Federalism Defined and Contrasted

Learn what federalism is, how it differs from other systems, and identify its key characteristics.

🏆 195 points available
2

Federalism and the Constitution

Explore the constitutional provisions that establish and regulate federal-state relationships.

🏆 195 points available
3

Distribution of Finances

Understand how federal, state, and local governments raise and spend public money.

🏆 190 points available
4

Evolution of Federalism: National Power vs States

Trace key Supreme Court cases and conflicts that shaped federal-state power dynamics.

🏆 195 points available
5

From Dual to New Federalism

Examine how federalism evolved through different eras from the 1870s to today.

🏆 195 points available
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Section 1: Federalism Defined and Contrasted

Modern democracies divide governmental power in two general ways. The first shares power among three branches of government—the legislature, executive, and judiciary. The second, federalism, apportions power between two levels of government: national and subnational. Let's explore how federalism works!

Federalism

An institutional arrangement that creates two relatively autonomous levels of government, each possessing the capacity to act directly on behalf of the people with the authority granted to it by the national constitution.

🔍 Click to discover: Five Key Characteristics of Federal Systems

All federal systems share these structural characteristics:

1. Two Levels of Government: Both elected by the people, each assigned different functions
2. Written Constitution: Cannot be changed without substantial consent of subnational governments
3. Formal Allocation of Powers: Legislative, judicial, and executive authority formally divided to ensure autonomy
4. National Courts Resolve Disputes: Federal courts adjudicate conflicts between levels of government
5. Regional Representation: Subnational governments represented in the upper house (like the U.S. Senate)

In the United States:
- "Federal government" = National level government
- "States" = Subnational level governments
- Each level can act directly on behalf of the people
- Both levels must cooperate to achieve objectives

🤔 Click to compare: Federal vs Unitary vs Confederation Systems

Aspect | Federal System | Unitary System | Confederation
Power Distribution | Shared between national and state | Concentrated at national level | Concentrated at state level
Sovereignty | Dual sovereignty | National sovereignty | State sovereignty
Examples | USA, Germany, Mexico | UK, France, Japan | USA under Articles of Confederation
Main Advantage | Balances unity with diversity | Efficiency and uniformity | Maximum local autonomy

📊 Click to explore: Division of Responsibilities in U.S. Federalism

Federal Government Handles:

- National defense and foreign policy
- Interstate and foreign commerce
- Currency and monetary policy
- Immigration and naturalization
- Postal services

State Governments Handle:

- Education
- Public health and safety
- Local government creation
- Intrastate commerce
- Professional licensing

Key Point: Success often depends on cooperation between levels!

What is the defining characteristic of a federal system?
All power is held by the national government
Two autonomous levels of government each acting on behalf of the people
States have complete independence
There is no written constitution
How many amendments have been added to the U.S. Constitution since its adoption?
10
17
27
50
What was the main problem with the Articles of Confederation?
Too much federal power
National government was too weak to address challenges
No state representation
Too many amendments
✅ Complete Section 1
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📜

Section 2: Federalism and the Constitution

The Constitution contains several provisions that direct the functioning of U.S. federalism. Some delineate the scope of national and state power, while others restrict it. Let's explore these crucial constitutional foundations!

Enumerated Powers

Powers specifically granted to Congress in Article I, Section 8 of the Constitution. These define the jurisdictional boundaries within which the federal government has authority.

📋 Click to explore: Key Enumerated Powers of Congress

To Provide for General Welfare:

- Tax and borrow money
- Regulate interstate and foreign commerce
- Coin money and regulate its value
- Establish post offices and postal roads
- Protect property rights (patents and copyrights)

To Provide for Common Defense:

- Raise and support armies
- Provide and maintain a navy
- Declare war
- Call forth the militia

The Elastic Clause: "To make all Laws which shall be necessary and proper" for carrying out these powers!

Reserved Powers (10th Amendment)

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

🔄 Click to discover: Concurrent Powers

Powers shared by both federal and state governments:

- Taxing
- Borrowing money
- Making and enforcing laws
- Establishing court systems
- Providing for public welfare

Important Note: Since the 1940s, the federal government has also engaged in areas traditionally reserved to states, such as education, health, and welfare, creating overlapping responsibilities.

Constitutional Restrictions on Government Power:

Federal Government Cannot:

- Suspend writ of habeas corpus (except in extreme cases)
- Pass bills of attainder (declaring guilt without trial)
- Enact ex post facto laws (retroactive criminalization)
- Violate Bill of Rights protections

State Governments Cannot:

- Enter treaties with foreign countries
- Coin money
- Tax imports and exports
- Violate due process or equal protection (14th Amendment)

⚖️ Click to learn: The Supremacy Clause and Its Impact

Article VI - The Supremacy Clause:

"This Constitution, and the Laws of the United States...shall be the supreme Law of the Land"

What This Means:

- Federal law prevails when it conflicts with state law
- BUT only if federal law is within constitutional authority
- All government officials must uphold the Constitution

Modern Example: Marijuana legalization - Despite federal prohibition, many states have legalized medical or recreational marijuana, creating ongoing tension about enforcement priorities.

🤝 Click to explore: State-to-State Relations

Full Faith and Credit Clause (Article IV, Section 1):

- States must accept court decisions and public acts of other states
- Driver's licenses, adoption certificates valid across states
- Led to marriage equality debates and eventual recognition

Privileges and Immunities Clause:

- States cannot discriminate against out-of-state citizens
- Guarantees access to courts, property rights, travel
- BUT: Can charge different tuition, require residency for voting

Where are Congress's enumerated powers found in the Constitution?
Article I, Section 8
Article II, Section 1
The Bill of Rights
The 14th Amendment
What does the 10th Amendment establish?
Federal supremacy
Reserved powers for states
Presidential authority
Judicial review
Which clause allows Congress to expand its authority beyond enumerated powers?
Commerce clause only
Supremacy clause
Necessary and proper (elastic) clause
Full faith and credit clause
✅ Complete Section 2
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💰

Section 3: Distribution of Finances

Federal, state, and local governments depend on different sources of revenue to finance their operations. Understanding how money flows through our federal system is crucial for understanding how government works!

Total Government Revenue (2014):
- Federal Government: $3.2 trillion
- State Governments: $1.7 trillion
- Local Governments: $1.2 trillion

📊 Click to explore: Federal Revenue Sources

Where Federal Money Comes From (2013):

- 47% - Individual Income Taxes: Progressive tax on personal earnings
- 34% - Payroll Taxes: Social Security and Medicare taxes
- 10% - Corporate Income Taxes: Tax on business profits
- 9% - Other: Customs duties, estate taxes, fees

Key Development: The 16th Amendment (1913) authorized income taxes without apportionment by population, dramatically increasing federal revenue capacity!

🏛️ Click to discover: State Revenue Sources

Where State Money Comes From:

- 50% - Taxes:
  - Sales tax (47% of tax revenue)
  - Individual income tax (35% of tax revenue)
- 30% - Federal Grants: Transfers from federal government
- 11% - Service Charges: Tuition, hospital fees, etc.
- 9% - Other: Licenses, fees, investments

Note: Seven states have NO income tax: Alaska, Florida, Nevada, South Dakota, Texas, Washington, and Wyoming!

🏢 Click to learn: Local Government Finances

Local Revenue Sources:

- Property Tax: 74% of local tax revenue - levy on real estate
- Grants: 37% of total revenue (87% from states, 13% federal)
- Service Charges: Water, sewage, trash, parking, etc.

Important: During economic downturns like the 2007-2009 Great Recession, federal grants increase to help state and local governments maintain services when their revenues decline.

Intergovernmental Grants

Transfers of federal money to state and local governments that don't have to be repaid. Designed to support recipient governments and encourage them to pursue federal policy objectives.

💵 Click to see: How Governments Spend Money

Federal Spending (2014):

- 24% - Social Security
- 24% - Medicare, Medicaid, health programs
- 18% - Defense
- 11% - Safety net programs
- 7% - Interest on debt

State & Local Spending Focus:

- Education (largest category)
- Public welfare and health
- Transportation and highways
- Police and fire protection
- Corrections and judicial services

What is the largest source of federal government revenue?
Individual income taxes
Corporate taxes
Sales taxes
Property taxes
What percentage of state revenue comes from federal grants?
10%
20%
30%
50%
What is the primary source of tax revenue for local governments?
Income tax
Sales tax
Property tax
Payroll tax
✅ Complete Section 3
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⚖️

Section 4: Evolution of Federalism - National Power vs States

The balance between national and state power has been contested throughout American history. Key Supreme Court decisions and political conflicts have shaped the federal system we know today.

National Supremacy

The principle that legitimate national laws trump conflicting state laws. Established in McCulloch v. Maryland (1819), this doctrine ensures federal law prevails when acting within constitutional authority.

⚡ Click to explore: McCulloch v. Maryland (1819) - The Foundation Case

The Issue: Could Congress create a national bank? Could Maryland tax it?

Chief Justice Marshall's Ruling:

- Yes to the Bank: Under the "necessary and proper" clause, Congress can establish "all means which are appropriate" to fulfill constitutional responsibilities
- No to the Tax: "The power to tax is the power to destroy" - states cannot interfere with legitimate federal operations

Impact:

- Established doctrine of implied powers
- Affirmed national supremacy
- Vastly expanded federal authority

🚢 Click to learn: Gibbons v. Ogden (1824) - Commerce Power

The Steamboat Case:

- New York gave exclusive steamboat license to Ogden
- Gibbons operated under federal coastal license
- Conflict: Who controls interstate commerce?

Marshall's Ruling:

- Commerce = "commercial intercourse" broadly defined
- Federal law trumps state monopolies
- Congress can regulate navigation between states

Result: Strengthened federal control over economic activity crossing state lines!

The Nullification Crisis (1830s)

Background: South Carolina declared federal tariffs null and void

Key Players: President Andrew Jackson vs. Vice President John Calhoun

Resolution: Force Bill authorized military action; Compromise Tariff avoided conflict

Significance: Federal authority upheld, but tensions remained

⚔️ Click to discover: The Civil War's Constitutional Impact

Before the War:

- Dred Scott v. Sandford (1857) - Federal government couldn't ban slavery in territories
- States claimed right to secede

The War's Constitutional Legacy:

- Ended the right of secession permanently
- Established federal supremacy definitively
- 14th Amendment - Applied Bill of Rights to states
- 15th Amendment - Federal protection of voting rights

Result: Fundamental shift of power toward national government!

📜 Click to explore: Key Principles Established

By 1870, these principles were established:

1. Implied Powers: Federal government can do more than explicitly stated
2. Broad Commerce Power: Interstate commerce interpreted expansively
3. National Supremacy: Federal law prevails over state law
4. No Secession: States cannot leave the Union
5. Federal Rights Protection: National government protects individual rights against states

These principles form the foundation of modern American federalism!

What doctrine did McCulloch v. Maryland establish?
States' rights
Implied powers and national supremacy
Judicial review
Executive privilege
What did the Civil War definitively settle about federalism?
States can nullify federal law
The federal government has limited powers
States cannot secede from the Union
State law supersedes federal law
According to Chief Justice Marshall, why couldn't Maryland tax the national bank?
Banks are exempt from all taxes
The power to tax is the power to destroy
Maryland didn't have taxing power
The Constitution prohibits all state taxes
✅ Complete Section 4
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🔄

Section 5: From Dual to New Federalism

American federalism has evolved through distinct phases, each reflecting different ideas about the proper relationship between federal and state governments. Let's trace this evolution from the 1870s to today!

Dual Federalism (1870s-1930s) - "Layer Cake"

Key Features:

- Federal and state governments operate in separate spheres
- Like layers of a cake - clearly defined, don't mix
- Limited federal regulation of business
- Courts blocked expansion of government power

🎂 Click to explore: Dual Federalism in Action

Key Court Cases Limiting Government:

- U.S. v. E.C. Knight (1895): Federal government can't regulate manufacturing (only commerce)
- Lochner v. New York (1905): States can't limit work hours - violates "liberty of contract"

Philosophy: Government should not interfere with business and individual economic freedom

Result: Both federal and state governments restricted from economic regulation

Problems: Unable to address industrial capitalism's problems - monopolies, unsafe working conditions, child labor

Cooperative Federalism (1930s-1970s) - "Marble Cake"

Triggered by: The Great Depression

Key Features:

- Federal and state governments work together
- Like marble cake - powers blend and swirl together
- Joint funding and administration of programs
- Massive expansion of federal role

🤝 Click to discover: The New Deal Revolution

FDR's New Deal Programs:

- Social Security (1935) - Federal-state partnership
- Unemployment insurance - Federal standards, state administration
- Agricultural subsidies
- Labor protections

Supreme Court Switch (1937):

- NLRB v. Jones & Laughlin Steel - Upheld federal labor regulation
- Expanded interpretation of commerce clause
- Allowed federal regulation of manufacturing

Impact: Fundamentally changed American expectations of government!

🌟 Click to explore: The Great Society Era

LBJ's Great Society (1960s) - Further Expansion:

- Healthcare: Medicare (elderly), Medicaid (poor)
- Education: Elementary & Secondary Education Act, Head Start
- Civil Rights: Civil Rights Act (1964), Voting Rights Act (1965)
- Environment: Clean Air Act, water quality standards
- Urban Development: Public housing, urban renewal

Key Feature: Most programs jointly administered and funded by federal and state governments

Legacy: Created the modern welfare state and environmental regulations we know today

New Federalism (1970s-Present) - "Devolution"

Key Presidents: Nixon, Reagan

Philosophy: Return power to states

Key Features:

- Block grants with fewer restrictions
- State flexibility in implementation
- Reduced federal regulations
- BUT: Post-9/11 saw recentralization (Homeland Security, TSA)

🔄 Click to compare: Advantages of Different Approaches

Cooperative Federalism Advantages:

- Ensures uniformity in basic services across states
- Solves collective action problems
- Helps poorer states provide services
- Addresses national problems effectively

New Federalism Advantages:

- States can tailor policies to local needs
- Encourages innovation - "laboratories of democracy"
- More efficient - closer to the people
- Respects diversity across states

Current Reality: We have elements of both - a complex mix!

What metaphor best describes cooperative federalism?
Layer cake
Marble cake
Fruit salad
Melting pot
What triggered the shift from dual to cooperative federalism?
World War I
The Great Depression
The Civil War
9/11 attacks
Which president is most associated with "New Federalism"?
Franklin Roosevelt
Lyndon Johnson
Ronald Reagan
Barack Obama
✅ Complete Section 5
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📊 Federalism Learning Report

Student:
Date:
Time:
Total Points:
Percentage: %
Completion: %
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0%

Section Performance

Section | Title | Status | Points
1 | Federalism Defined and Contrasted | ❌ | 0/195
2 | Federalism and the Constitution | ❌ | 0/195
3 | Distribution of Finances | ❌ | 0/190
4 | Evolution: National Power vs States | ❌ | 0/195
5 | From Dual to New Federalism | ❌ | 0/195

Learning Metrics

0
Total Points Earned
0/5
Sections Completed
0%
Quiz Accuracy
0%
Content Engagement
🎯 Achievement Summary:
- Final Points: 0
- Achievement Level: Explorer
- Sections Completed: 0 of 5

Excellent work! You've explored the complex system of federalism that divides power between national and state governments in the United States.