Federalism

Federalism Defined►Powers of government are divided or shared

between the federal (national) level and regional (state) level

Why federalism?

►Confederacy too weak, unitary (monarchy) too strong

10th Amendment- Est. concept of federalism

Why is federalism important?

►It allows local/state governments to address issues of local concern while national issues are left up to the federal government

►Types of powers: Expressed- powers granted to the federal

government Reserved- powers granted to the states Concurrent- shared by both levels

Powers: Expressed, Reserved, Concurrent

•Conduct elections

Federalism & the National Government

► The Constitution grants the federal government three types of powers

1. Expressed► Directly stated (Articles I, II, III & amendments)

2. Implied► Spring from Elastic/Necessary and Proper Clause► Example:

► Using a draft to raise an army► Making tax laws to collect taxes

3. Inherent► Exercised simply because it is a duty of government► Example:

► Establishing diplomatic relations with other countries► Controlling immigration

Fighting Federalism: 10th Amendment vs. Necessary & Proper

"The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerousand indefinite.“ –James Madison

Powers Denied to Federal Government

►Examples: Abridging the Bill of Rights Taxing exports Passing bills of attainder & ex post facto laws

Advantages/Disadvantages of Federalism

Positive► Ideally suited for a large geographic area Keeps government close to the people Multiple routes for participation

► Promotes diverse policies & encourages experimentation► Allows for quick action on matters of local concern► Avoids a concentration of power Prevents tyranny Multiple centers of power so one faction can’t dominate

Advantages/Disadvantages of FederalismNegative

► Incredibly expensive Taxation at multiple levels Duplication of services

► Inefficient Gridlock, more laws/red tape Confusion knowing what different levels of government are doing

► Inequality as states differ in the resources they provide Residents of some states receive better/worse benefits Inequality in federal funding to the states per tax dollar

► Encourages/favors those involved in special interest groups “Squeaky wheel receives the grease”

► Federal government blackmails state governments to do its bidding Examples:

►Lowering the Blood Alcohol Content limit & mandatory seat belt laws