1.7 - Relationship Between the States and Federal Government

Learning Objective

Explain how societal needs affect the constitutional allocation of power between the national and state governments.

Essential Knowledge

The exclusive and concurrent powers of the national and state governments help explain the negotiations over the balance of power between the two levels.

The distribution of power between federal and state governments to meet the needs of society changes, as reflected by grants, incentives, and aid programs, including federal revenue sharing, mandates, categorical grants, and block grants.

1.8 - Constitutional Interpretations of Federalism

Learning Objective

Explain how the appropriate balance of power between national and state governments has been interpreted differently over time.

Essential Knowledge

The interpretation of the Tenth and Fourteenth Amendments, the commerce clause, the necessary and proper clause, and other enumerated and implied powers is at the heart of the debate over the balance of power between the national and state governments.

The balance of power between the national and state governments has changed over time based on U.S. Supreme Court interpretation of such cases as:

• McCulloch v. Maryland (1819), which declared that Congress has implied powers necessary to implement its enumerated powers and established supremacy of the Constitution and federal laws over state laws

• United States v. Lopez (1995), which ruled that Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime, introducing a new phase of federalism that recognized the importance of state sovereignty and local control

1.9 - Federalism in Action

Learning Objective

Explain how the distribution of powers among three federal branches and between national and state governments impacts policy making.

Essential Knowledge

Multiple access points for stakeholders and institutions to influence public policy flows from the allocation of powers between national and state governments.

National policy making is constrained by the sharing of power between and among the three branches and state governments.