Overview:

The dividing line between the authority and power of the states and that of the federal government has never been static. Although the Founders agreed that such a division was necessary to protect our republican form of government, they did not agree on how such a division should be implemented. Thus the Constitution provides a broad outline for how to structure state and federal relationships but leaves enough ambiguity to make things interesting. Over the last 220 years, there have been many conflicts about federalism, some of which were resolved within our political system. Others—like the Civil War–which were not. This assignment is intended to trace the history of federalism from 1788 to the present and highlight key periods of time when the pendulum swung from the states to the national government and back again.

Directions:

• During the period you are examining, which layer of government has more power: the federal government or the states and why?

• Create a brief presentation (8 minutes) for your classmates which answers this question based on the reading in Living Democracy and whatever additional research you feel is necessary. Your presenation should include a well-designed PPT.

• Your presentation should:
  • include a thesis statement which directly addresses the main question for this project: what happens to federalism during your time period and why.
  • include supporting points illustrated by specific examples–refer to the guiding questions below to help organize your supporting points.
  • be polished (this means you need to practice!)
  • include all members of the group
• Your PPT should:
  • make judicious use of texts and images to convey your main ideas. Less is more when it comes to text. The PPT is a presentation tool. It is NOT your entire presentation.
  • be polished–this is a final draft. GUM errors and spelling should be carefully checked.
  • articulate your ideas in your own words. DO NOT CUT & PASTE.
  • include a properly formated Works Cited. Use MLA format.

Guiding Questions for Each Group

Group #1: Before the Civil War & Duel Federalism

• Who was John Marshall and why is he important to our understanding of federalism?

• What role did the following Supreme Court cases play in helping to determine the relationship between the states and the national government?
  • McCulloch v. Maryland (1819)—pay particular attention to the Necessary and Proper Clause; also see Landmark Supreme Court Cases site on McCulloch.
  • Gibbons v. Ogden (1823) pay particular attention to the Commerce Clause; also see the Landmark Supreme Court Cases site on Gibbons.

• What is Duel Federalism? According to people who believe in this theory, what is the proper balance between state and federal authority? How do proponents of Dual Federalism interpret the 10th Amendment?

• How does the Civil War embody the great debates over federalism that marked the first 80 years of our national government? What was the outcome of the War in terms of federalism?

After the Civil War

• How did the post Civil War amendment (13, 14, and 15) alter the relationship between the states and the national government?

• What new challenges did the U.S. face in the late 19th and early 20th century? How did the nation try to address these challenges at both the state and the national level?

• How did the Supreme Court approach the issue of federalism during this period?
  • United States v. E.C. Knight Company (1895)–how does this ruling define the Commerce Clause?
  • Hammer v. Dagenhart (1918)
  • Lochner v. New York (1905)

• What was the impact of these decisions on the relationship between the states and the national government?

Group #3: New Deal & Cooperative Federalism

• How did FDR’s Court Packing Plan indirectly lead to a shift in the Supreme Court and it’s approach to federal power?

• On what basis did the Court justify the expansion of federal power during this time period? Can you provide examples?
  • Heart of Atlanta Motel v. United States (1964)
  • Katzenbach v. McClung (1964)

• How did the Supremacy Clause (Article VI) help to justify an expansion of federal power during this period?

• What is Cooperative Federalism? How did FDR’s policies help to bring about this redefinition of federalism?

Group #4: The Changing Nature of Federal Grants

• How have federal grants been used to define the relationship between states and the national government?

• What types of grants are available? (grants-in-aid–categorical grants (formula, project, and block grants)

• What are mandates? How are they different from grants?

• What impact have mandates had on federalism? What conflicts have been raised by the increasing use of mandates?

Group #5: New Federalism

• What was President Ronald Reagan’s approach to federalism?

• How did he try to shift the balance of power between the states and the national government?

• What is devolution? When did this approach begin to have an impact on government policies?

• What factors help to promote devolution?

• What are the advantages and disadvantages of devolution? Use examples?

Assessment

• Presentation: 20 pts.

• PPT: 20 pts.

• Works Cited: 5 pts.

• Cooperation: 5 pts.